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S.B. 80 Enrolled

                 

COUNTY STATUTES REVISION

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: David L. Gladwell

                  This act modifies provisions relating to Counties. The act prohibits separate ownership or
                  conveyance of a common area on a recorded plat and contains provisions for how a common
                  area is to be treated for assessment purposes and for purposes of instruments describing a
                  parcel on the plat. The act modifies county and municipal land use and development
                  provisions including county board of adjustment power provisions and conditional use and
                  other appeal provisions. The act directs county legislative bodies to define how their power
                  to consent of appointments takes place and authorizes the delegation of that power to the
                  executive. The act modifies county budget provisions, including the designation of the
                  county budget officer. The act modifies county clerk and county recorder provisions,
                  including provisions relating to the recording of documents. The act modifies county
                  surveyor provisions and requires all survey work to be done by a licensed land surveyor and
                  distinguishes those surveyor functions that may be performed by someone who is not a
                  licensed land surveyor. The act shifts responsibility for approving plats in the county from
                  the legislative body to the executive. The act repeals certain duties of a county treasurer and
                  a county auditor and repeals penalties for a treasurer or auditor who does not fulfill certain
                  duties. The act modifies certain duties of a county treasurer and repeals a provision
                  authorizing the county legislative body to suspend a treasurer who is charged with official
                  misconduct. The act modifies county career service council provisions, allows for the
                  appointment of alternate members of the career service council, modifies the authority of the
                  career service council with respect to appeals of personnel matters, contains provisions
                  relating to district court review of a career service council decision, and allows the
                  appointment of administrative law judges to hear appeals referred by the career service
                  council. The act modifies provisions relating to the office of personnel management and
                  makes the position of director a merit position. The act modifies the procedure for adopting
                  an alternate form of county government, modifies the makeup of the appointment council,


                  eliminates some alternate forms of government, requires an optional plan to be prepared by
                  a study committee before being presented to voters, and replaces the county attorney for the
                  attorney general with respect to a review of the optional plan for compliance with applicable
                  law. The act authorizes the county executive and county legislative body to exercise limited
                  direction and supervision over other county elected officers and modifies executive functions
                  and powers. The act modifies the procedure for electing a county or district attorney under
                  certain circumstances. The act provides for boundary agreements to act as quitclaim deeds
                  under certain circumstances and eliminates a requirement for water right deeds to be
                  transmitted by the county recorder to the state engineer. The act imposes a one-year limit on
                  actions against a county legislative body or county executive for decisions they make. The act
                  also makes technical changes.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      10-9-804, as last amended by Chapter 209, Laws of Utah 2000
                      10-9-805, as last amended by Chapter 209, Laws of Utah 2000
                      10-9-811, as last amended by Chapter 209, Laws of Utah 2000
                      17-16-7, as last amended by Chapter 139, Laws of Utah 1997
                      17-19-3, as last amended by Chapter 133, Laws of Utah 2000
                      17-19-19, as last amended by Chapter 22, Laws of Utah 1975
                      17-20-1, as last amended by Chapter 153, Laws of Utah 1989
                      17-20-4, as last amended by Chapter 227, Laws of Utah 1993
                      17-21-1, as last amended by Chapter 85, Laws of Utah 1999
                      17-21-6, as last amended by Chapter 85, Laws of Utah 1999
                      17-21-13, as last amended by Chapter 85, Laws of Utah 1999
                      17-21-17, as last amended by Chapter 85, Laws of Utah 1999
                      17-21-19, as last amended by Chapter 85, Laws of Utah 1999
                      17-21-21, as last amended by Chapter 85, Laws of Utah 1999
                      17-21-22, as last amended by Chapter 85, Laws of Utah 1999

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                      17-23-1, as last amended by Chapter 133, Laws of Utah 2000
                      17-23-2, as last amended by Chapter 227, Laws of Utah 1993
                      17-23-3, as last amended by Chapter 227, Laws of Utah 1993
                      17-23-5, as last amended by Chapter 227, Laws of Utah 1993
                      17-23-14, as last amended by Chapter 150, Laws of Utah 1995
                      17-23-15, as enacted by Chapter 29, Laws of Utah 1987
                      17-23-16, as enacted by Chapter 29, Laws of Utah 1987
                      17-23-17, as last amended by Chapter 150, Laws of Utah 1995
                      17-23-17.5, as enacted by Chapter 150, Laws of Utah 1995
                      17-23-18, as last amended by Chapter 93, Laws of Utah 1989
                      17-24-1, as last amended by Chapter 207, Laws of Utah 1999
                      17-24-4, as last amended by Chapter 133, Laws of Utah 2000
                      17-24-12, as last amended by Chapter 227, Laws of Utah 1993
                      17-27-103, as last amended by Chapters 34 and 209, Laws of Utah 2000
                      17-27-406, as enacted by Chapter 235, Laws of Utah 1991
                      17-27-702, as last amended by Chapter 179, Laws of Utah 1995
                      17-27-703, as last amended by Chapter 23, Laws of Utah 1992
                      17-27-704, as last amended by Chapter 179, Laws of Utah 1995
                      17-27-708, as last amended by Chapter 291, Laws of Utah 1999
                      17-27-804, as last amended by Chapter 209, Laws of Utah 2000
                      17-27-805, as last amended by Chapter 209, Laws of Utah 2000
                      17-27-806, as last amended by Chapter 209, Laws of Utah 2000
                      17-27-808, as last amended by Chapter 209, Laws of Utah 2000
                      17-27-809, as last amended by Chapter 69, Laws of Utah 1997
                      17-27-810, as last amended by Chapter 179, Laws of Utah 1995
                      17-27-811, as last amended by Chapter 209, Laws of Utah 2000
                      17-27-901, as enacted by Chapter 235, Laws of Utah 1991
                      17-27-1001, as last amended by Chapter 291, Laws of Utah 1999

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                      17-33-1, as enacted by Chapter 81, Laws of Utah 1981
                      17-33-4, as last amended by Chapter 182, Laws of Utah 1999
                      17-33-5, as last amended by Chapter 182, Laws of Utah 1999
                      17-33-7, as last amended by Chapter 182, Laws of Utah 1999
                      17-33-8, as last amended by Chapter 146, Laws of Utah 1994
                      17-36-3, as last amended by Chapter 300, Laws of Utah 1999
                      17-50-402, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-101, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-102, as enacted by Chapter 133, Laws of Utah 2000
                      17-52-201, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-202, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-203, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-204, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-205, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-206, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-207, as enacted by Chapter 133, Laws of Utah 2000
                      17-52-301, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-302, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-303, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-401, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-402, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-403, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-53-201, as enacted by Chapter 133, Laws of Utah 2000
                      17-53-301, as enacted by Chapter 133, Laws of Utah 2000
                      17-53-302, as enacted by Chapter 133, Laws of Utah 2000
                      17-53-315, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      20A-1-102, as last amended by Chapters 133 and 328, Laws of Utah 2000
                      20A-6-302, as last amended by Chapter 139, Laws of Utah 1997

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                      21-2-3, as last amended by Chapter 79, Laws of Utah 1996
                      57-3-106, as last amended by Chapter 320, Laws of Utah 2000
                      59-2-502, as last amended by Chapter 235, Laws of Utah 1992
                      59-2-1366, as last amended by Chapter 3, Laws of Utah 1988
                      68-3-12, as last amended by Chapter 133, Laws of Utah 2000
                      73-1-10, as last amended by Chapter 36, Laws of Utah 2000
                      78-12-29, as last amended by Chapter 79, Laws of Utah 1996
                  ENACTS:
                      10-9-806.5, Utah Code Annotated 1953
                      17-27-806.5, Utah Code Annotated 1953
                      17-33-4.5, Utah Code Annotated 1953
                      17-52-203.5, Utah Code Annotated 1953
                      17-53-106, Utah Code Annotated 1953
                      17-53-316, Utah Code Annotated 1953
                      17-53-317, Utah Code Annotated 1953
                      57-1-45, Utah Code Annotated 1953
                  REPEALS:
                      17-5-213, as renumbered and amended by Chapter 147, Laws of Utah 1994
                      17-23-4, as last amended by Chapter 33, Laws of Utah 1961
                      17-24-17, as last amended by Chapter 146, Laws of Utah 1994
                      17-52-503, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      17-52-506, as renumbered and amended by Chapter 133, Laws of Utah 2000
                      59-2-1367, as renumbered and amended by Chapter 4, Laws of Utah 1987
                      59-2-1368, as last amended by Chapter 227, Laws of Utah 1993
                      59-2-1369, as renumbered and amended by Chapter 4, Laws of Utah 1987
                      59-2-1370, as last amended by Chapter 3, Laws of Utah 1988
                      59-2-1371, as last amended by Chapter 227, Laws of Utah 1993
                  Be it enacted by the Legislature of the state of Utah:

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                      Section 1. Section 10-9-804 is amended to read:
                       10-9-804. Plats required.
                      (1) Unless exempt under Section 10-9-806 or not included in the definition of subdivision
                  under Subsection 10-9-103 (1), whenever any lands are laid out and platted, the owner of those lands
                  shall provide an accurate plat that describes or specifies:
                      (a) the boundaries, course, and dimensions of the parcels of ground;
                      (b) whether the parcels of ground are intended to be used as streets or for other public uses,
                  and whether any areas are reserved for public purposes;
                      (c) the lot or unit reference, the block or building reference, the street or site address, the
                  street name or coordinate address, the acreage or square footage for all parcels, units, or lots, and the
                  length and width of the blocks and lots intended for sale; and
                      (d) existing right-of-way and easement grants of record for underground facilities, as defined
                  in Section 54-8a-2 , and for other utility facilities.
                      (2) (a) The owner of the land shall acknowledge the plat before an officer authorized by law
                  to take the acknowledgement of conveyances of real estate.
                      (b) The surveyor making the plat shall certify it.
                      (c) The owner or operator of the underground and utility facilities shall approve the plat of
                  its property interest if it specifies:
                      (i) the boundary, course, dimensions, and intended use of the right-of-way and easement
                  grants of record;
                      (ii) the location of existing underground and utility facilities; and
                      (iii) any conditions or restrictions governing the location of the facilities within the
                  right-of-way, and easement grants of records, and utility facilities within the subdivision.
                      (d) The legislative body shall approve the plat as provided in this part. Before the legislative
                  body may approve a plat, the owner of the land shall provide the legislative body with a tax clearance
                  indicating that all taxes, interest, and penalties owing on the land have been paid.
                      (3) After the plat has been acknowledged, certified, and approved, the owner of the land
                  shall [file and] record it in the county recorder's office in the county in which the lands platted and

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                  laid out are situated.
                      Section 2. Section 10-9-805 is amended to read:
                       10-9-805. Subdivision approval procedure.
                      (1) A person may not submit a plat of a subdivision to the county recorder's office for
                  recording unless a recommendation has been received from the planning commission and:
                      (a) the plat has been approved by:
                      (i) the legislative body of the municipality in which the subdivision is located; or
                      (ii) other officers that the municipal legislative body designates in an ordinance; and
                      (b) the [approvals are] approval is entered in writing on the plat by the mayor or chairperson
                  of the legislative body or by the other officers designated in the ordinance.
                      (2) In municipalities under the council-mayor form of government, Section 10-3-1219.5
                  governs.
                      (3) A subdivision plat recorded without the approval required under this section is void.
                      Section 3. Section 10-9-806.5 is enacted to read:
                      10-9-806.5. Common area parcels on a plat -- No separate ownership -- Ownership
                  interest equally divided among other parcels on plat and included in description of other
                  parcels.
                      (1) A parcel designated as common area on a plat recorded in compliance with this part may
                  not be separately owned or conveyed independent of the other parcels created by the plat.
                      (2) The ownership interest in a parcel described in Subsection (1) shall:
                      (a) for purposes of assessment, be divided equally among all parcels created by the plat,
                  unless a different division of interest for assessment purposes is indicated on the plat or an
                  accompanying document; and
                      (b) be considered to be included in the description of each instrument describing a parcel on
                  the plat by its identifying plat number, even if the common area interest is not explicitly stated in the
                  instrument.
                      Section 4. Section 10-9-811 is amended to read:
                       10-9-811. Prohibited acts.

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                      [(1) (a) A county recorder may not record a subdivision plat that has not been approved by
                  the legislative body of the municipality in which the subdivision is located.]
                      [(b) A plat of a subdivision recorded without the approval of the municipal legislative body
                  required by this part is void.]
                      [(2)] (1) (a) An owner of any land located in a subdivision, as defined in this chapter, who
                  transfers or sells any land in that subdivision before a plat of the subdivision has been approved and
                  recorded violates this part for each lot or parcel transferred or sold.
                      (b) The description by metes and bounds in the instrument of transfer or other documents
                  used in the process of selling or transferring does not exempt the transaction from being a violation
                  of Subsection [(2)] (1)(a) or from the penalties or remedies provided in this chapter.
                      (c) Notwithstanding any other provision of this Subsection [(2)] (1), the recording of an
                  instrument of transfer or other document used in the process of selling or transferring real property
                  that violates this part:
                      (i) does not affect the validity of the instrument or other document; and
                      (ii) does not affect whether the property that is the subject of the instrument or other
                  document complies with applicable municipal ordinances on land use and development.
                      [(3)] (2) (a) A municipality may bring an action against an owner to require the property to
                  conform to the provisions of this part or an ordinance enacted under the authority of this part.
                      (b) An action under this Subsection [(3)] (2) may include an injunction, abatement, merger
                  of title, or any other appropriate action or proceeding to prevent, enjoin, or abate the violation.
                      (c) A municipality need only establish the violation to obtain the injunction.
                      Section 5. Section 17-16-7 is amended to read:
                       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) [Every] (a) A county or precinct officer, including [any] an elected county executive,
                  except a county commissioner or county council member, may, with the consent of the county
                  legislative body, appoint deputies and [assistants] employees as necessary for the discharge of the

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                  duties of [his] 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) [The county legislative body shall provide the clerk of the district court in those counties
                  where] If the county clerk performs district court clerk functions, the legislative body of that county
                  shall provide the clerk with deputies and [assistants] 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.
                      Section 6. Section 17-19-3 is amended to read:
                       17-19-3. Payments -- Notification.
                      (1) (a) Subject to Subsection (1)(b), each [bill, account, or charge] claim incurred by the
                  county and legally examined and allowed and ordered paid by the county executive shall, if approved
                  by the county auditor as to the availability of funds as provided in Section 17-19-1 , be paid by
                  [either]:
                      (i) a warrant drawn by the auditor on the county treasurer in favor of the person entitled to
                  payment; or
                      (ii) a county check or such other payment mechanism as may be adopted pursuant to Chapter
                  36, Uniform Fiscal Procedures Act for Counties.

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                      (b) No [bill, account, or charge shall] claim may be paid until:
                      (i) the auditor:
                      [(i)] (A) receives from the county executive the certified list mentioned in Subsection
                  17-20-1.7 (4); and
                      (B) makes a recommendation regarding payment as provided in Section 17-50-401 ; and
                      (ii) the county executive approves payment of the claim in accordance with the standards
                  and procedures of Section 17-50-401 .
                      (2) Each debt and demand against the county, when the amount is fixed by law and not
                  directed to be audited by some other person or tribunal, shall be paid by either:
                      (a) a warrant drawn by the auditor on the county treasurer; or
                      (b) a check or such other payment mechanism as may be adopted pursuant to Chapter 36,
                  Uniform Fiscal Procedures Act for Counties.
                      (3) (a) The auditor shall distinctly specify on each warrant the liability for which it is made
                  and when the liability accrued. The auditor shall also notify the treasurer of the date, amount, and
                  payee of and number assigned to each warrant issued and the aggregate amount of all
                  contemporaneous payments by warrant.
                      (b) The auditor shall notify the treasurer and the county executive of the amount and payee
                  of all payments to be made by check or other payment mechanism and, if the auditor issues the check
                  or other payment mechanism, the date of and number assigned to each check or other payment
                  mechanism and the aggregate amount of all such contemporaneous payments.
                      Section 7. Section 17-19-19 is amended to read:
                       17-19-19. Budget officer -- Departmental revenue and expenditure reports.
                      [(1) The county auditor or the county clerk in those counties in which the functions of the
                  clerk and auditor are combined shall be and act as budget officer of the county.]
                      (1) (a) Subject to Subsection (1)(b), the budget officer of a county is:
                      (i) except as provided in Subsection (1)(a)(ii), the county auditor; or
                      (ii) in a county in which the functions of clerk and auditor are combined, the county clerk.
                      (b) Notwithstanding Subsection (1)(a), if a county has adopted an optional plan, as defined

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                  in Section 17-52-101 , that provides for the county executive to be the county budget officer, the
                  county budget officer is the county executive.
                      (2) Each department for which county funds are appropriated shall file with the county
                  [auditor] budget officer not less than three months before the commencement of each fiscal year on
                  forms furnished by the county [auditor] budget officer a detailed estimate and statement of the
                  revenue and necessary expenditures of [such] the department for the next budget year. The estimate
                  and statement shall set forth the number of persons to be regularly employed; the kinds of service
                  to be performed, the salaries and wages to be paid, the kind of work to be performed and the
                  improvements to be made together with the estimated cost of [such] the service, work and
                  improvements. The statement shall also record performance data expressed in work units, unit costs,
                  man hours, and man years sufficient in detail, content, and scope to permit the county [auditor]
                  budget officer to prepare and process the county budget.
                      (3) In the preparation of the budget, the county [auditor] budget officer and all other county
                  officers are subject to Sections 17-36-1 to 17-36-44 and to the uniform system of budgeting,
                  accounting, and reporting established pursuant thereto.
                      Section 8. Section 17-20-1 is amended to read:
                       17-20-1. County clerk -- District court clerk duties.
                      The county clerk is the clerk of the [governing] legislative body of the county. [He] 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 78-3-30 .
                      Section 9. Section 17-20-4 is amended to read:
                       17-20-4. Duties of county clerk.
                      A county clerk shall:
                      (1) issue all marriage licenses and keep a register of marriages as provided by law;
                      (2) execute under [his] 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 [pursuant to resolutions of the county
                  legislative body];

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                      (3) take and certify acknowledgments and administer oaths;
                      (4) keep a fee book as provided by law; and
                      (5) take charge of and safely keep the seal of the county [clerk], and keep [such] other
                  records and perform [such] other duties as may be prescribed by law.
                      Section 10. Section 17-21-1 is amended to read:
                       17-21-1. Recorder -- Document custody responsibility.
                      The recorder [has custody]:
                      (1) is custodian of[, and shall keep,] all [books,] recorded documents and records[, maps,
                  and papers] required by law[.] to be recorded; and
                      (2) shall establish policies and procedures that the recorder considers necessary to protect
                  recorded documents and records in the recorder's custody, including determining the appropriate
                  method for the public to obtain copies of the public record under Section 17-21-19 and supervision
                  of those who make copies of the public record.
                      Section 11. Section 17-21-6 is amended to read:
                       17-21-6. General duties of recorder -- Records and indexes.
                      (1) [Every] Each recorder shall:
                      (a) keep an entry record, in which the recorder shall, upon acceptance of any instrument,
                  enter the instrument in the order of its reception, the names of the parties to the instrument, its date,
                  the hour, the day of the month and the year of recording, and a brief description, and endorse upon
                  each instrument a number corresponding with the number of the entry;
                      (b) keep a grantors' index, in which the recorder shall index deeds and final judgments or
                  decrees partitioning or affecting the title to or possession of real property, which shall show the entry
                  number of the instrument, the name of each grantor in alphabetical order, the name of the grantee,
                  the date of the instrument, the time of recording, the kind of instrument, the book and page, and a
                  brief description;
                      (c) keep a grantees' index, in which the recorder shall index deeds and final judgments or
                  decrees partitioning or affecting the title to or possession of real property, which shall show the entry
                  number of the instrument, the name of each grantee in alphabetical order, the name of the grantor,

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                  the date of the instrument, the time of recording, the kind of instrument, the book and page, and a
                  brief description;
                      (d) keep a mortgagors' index, in which the recorder shall enter all mortgages, deeds of trust,
                  liens, and other instruments in the nature of an encumbrance upon real estate, which shall show the
                  entry number of the instrument, the name of each mortgagor, debtor, or person charged with the
                  encumbrance in alphabetical order, the name of the mortgagee, lien holder, creditor, or claimant, the
                  date of the instrument, the time of recording, the instrument, consideration, the book and page, and
                  a brief description;
                      (e) keep a mortgagees' index, in which the recorder shall enter all mortgages, deeds of trust,
                  liens, and other instruments in the nature of an encumbrance upon real estate, which shall show the
                  entry number of the instrument, the name of each mortgagee, lien holder, creditor, or claimant, in
                  alphabetical order, the name of the mortgagor or person charged with the encumbrance, the date of
                  the instrument, the time of recording, the kind of instrument, the consideration, the book and page,
                  and a brief description;
                      (f) keep a tract index, which shall show by description every instrument recorded, the date
                  and the kind of instrument, the time of recording, and the book and page and entry number;
                      (g) keep an index of recorded maps, plats, and subdivisions;
                      (h) keep an index of powers of attorney[, labeled "powers of attorney,"] showing[: "] the date
                  and time of recording,["] ["]the book,["] ["]the page,["] and ["]the entry number["];
                      (i) keep a miscellaneous index, in which the recorder shall enter all instruments of a
                  miscellaneous character not otherwise provided for in this section, showing[:] ["]the date of
                  recording,["] ["]the book,["] ["]the page,["] ["]the entry number,["] ["]the kind of instrument,["]
                  ["]from,["] ["]to,["] and ["]the parties["];
                      (j) keep an index of judgments[, labeled " judgments," each page divided into columns
                  headed, respectively, "] showing the judgment debtors,["] ["] the judgment creditors,["] ["]the
                  amount of judgment,[" "when recorded,"] the date and time of recording, the satisfaction, and ["when
                  satisfied"] the book, the page, and the entry number; and
                      (k) keep a general recording index in which the recorder shall index all executions and writs

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                  of attachment, and any other instruments not required by law to be spread upon the records, and in
                  separate columns the recorder shall enter the names of the plaintiffs in the execution and the names
                  of the defendants in the execution.
                      (2) The recorder shall alphabetically arrange the indexes required by this section and keep
                  a reverse index.
                      (3) The tract index required by Subsection (1)(f) shall be kept so that it shows a true chain
                  of title to each tract or parcel, together with their encumbrances, according to the records of the
                  office.
                      (4) Nothing in this section prevents the recorder from using a single name index if that index
                  includes all of the indexes required by this section.
                      Section 12. Section 17-21-13 is amended to read:
                       17-21-13. Endorsement of book and page -- Return of instrument.
                      (1) (a) The recorder may also endorse upon each instrument, paper, or notice the book and
                  page reference.
                      (b) If the entry number is endorsed on each page of the instrument, the recorder may omit
                  the book and page reference[.]:
                      (i) on the instrument; and
                      (ii) in all indexes required by statute.
                      (c) If the county recorder has elected to omit the book and page reference under Subsection
                  (1)(b), documents presented for recording in that county that are required to recite recording data
                  may omit the book and page reference.
                      (2) The recorder shall return the instrument to the appropriate party.
                      Section 13. Section 17-21-17 is amended to read:
                       17-21-17. Prohibited acts.
                      Upon acceptance of an instrument entitled to be recorded, the recorder may not:
                      [(1) neglect to record the instrument within a reasonable time after accepting it;]
                      [(2)] (1) record [any] the instrument in any manner other than the manner required by this
                  chapter; or

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                      [(3)] (2) alter, change, obliterate, or insert any new matter in any instrument of record.
                      Section 14. Section 17-21-19 is amended to read:
                       17-21-19. Records open to inspection -- Copies.
                      (1) All instruments of record and all indexes required by this chapter are open to public
                  inspection [free of charge] during office hours.
                      (2) [Any] Upon payment of the applicable fee, a person [copying or taking notes from] may
                  obtain copies of the public record [in the recorder's office may do so only by pencil, typewriter,
                  photocopy, microfilm, or electronic printout].
                      Section 15. Section 17-21-21 is amended to read:
                       17-21-21. Ownership plats -- Use of geographic information systems or computer
                  systems.
                      (1) The county recorder shall prepare and keep ownership plats drawn to a convenient scale,
                  which show the record owners of each tract of land in the county, together with the dimensions of
                  the tract.
                      (2) The county recorder may not be required to:
                      [(a) trace any title back of apparent ownership as of February 6, 1899, at 12 o'clock noon;]
                      [(b)] (a) show ownership of timeshare units or timeshare estates on ownership plats; or
                      [(c)] (b) show lot or unit ownership on subdivisions or condominium plats or other
                  ownership plats if that information is available through computer systems or other indexes.
                      (3) Nothing in this chapter precludes the use of geographic information systems or computer
                  systems by the recorder if the systems include all of the information required by this section.
                      Section 16. Section 17-21-22 is amended to read:
                       17-21-22. Annual revision -- Reporting changes in ownership to county assessors -- Use
                  of geographic information systems or computer systems.
                      (1) The county recorder shall:
                      (a) each year, prepare copies of ownership plats and descriptions, showing record owners
                  at noon on January 1;
                      (b) on or before January 15 of each year, transmit the copies to the county assessor;

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                      (c) report all changes in recorded ownership of real property made during the first seven
                  months of each calendar year to the county assessor not later than August 15 of that year;
                      (d) for the remainder of the calendar year, report the changes in the ownership of real
                  property that are recorded in the county recorder's office each month on or before the 15th day of the
                  month following the month in which the changes were recorded;
                      (e) transmit the changes of ownership on appropriate forms that show the current owner's
                  name and a full legal description of the property conveyed; and
                      (f) where only a part of the grantor's property is conveyed, transmit an additional form
                  showing a full legal description of the portion retained.
                      (2) Nothing in this chapter precludes the use of geographic information systems or computer
                  systems by the recorder if the systems include all of the information required by this section.
                      [(3) Not later than the first Monday in October of each year, the assessor may return the plat
                  books and descriptions to the recorder for extension, alterations, and carrying to date for the ensuing
                  year.]
                      Section 17. Section 17-23-1 is amended to read:
                       17-23-1. County surveyor to be elected -- Requirement to be licensed land surveyor --
                  Authority to contract with licensed land surveyor if no elected county surveyor -- County
                  surveyor duties.
                      (1) (a) The office of the county surveyor in each county shall be filled by election and, except
                  as provided in Subsection (1)(b), the county surveyor shall be a [registered] licensed professional
                  land surveyor in the state.
                      (b) In a county where the office of county surveyor is consolidated with another elected
                  office, [the officeholder need not be a registered professional land surveyor, but] all county surveying
                  work [must] shall be performed by a [registered] licensed professional land surveyor.
                      (c) In a county where there is no elected county surveyor[,]:
                      (i) the county executive or legislative body may, consistent with Section 17-53-313 , contract
                  with a [registered] licensed professional land surveyor to perform those duties[.];
                      (ii) all county survey work shall be done by a licensed land surveyor;

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                      (iii) the county recorder shall assume and perform all statutory functions and duties of the
                  county surveyor related to the retention and maintenance of survey records;
                      (iv) the recorder's office shall act as the county surveyor's office only for the purpose of
                  accepting, retaining, and managing county survey records;
                      (v) the county shall furnish sufficient office space, furniture, stationery, and record books
                  necessary for the county recorder's office to fulfill its functions and duties under Subsection
                  (1)(a)(iv); and
                      (vi) for purposes of this chapter, "county surveyor" means:
                      (A) for purposes of the retention and management of county survey records, the county
                  recorder; and
                      (B) except as provided in Subsection (1)(a)(vi)(A), the licensed land surveyor under contract
                  with the county to perform county surveyor duties.
                      (2) The county surveyor shall execute:
                      (a) all orders directed to the surveyor by any court; and
                      (b) all orders of survey required by the county executive or county legislative body.
                      (3) (a) The surveyor of each county shall:
                      (i) advise the county executive and county legislative body regarding all surveying work;
                      (ii) perform or arrange for the performance of all surveying work for the county;
                      (iii) permanently keep at county government offices at the county seat a fair and accurate
                  record of all surveys made, including legal descriptions and geographic coordinates, all surveys
                  received pursuant to Section 17-23-17 , and all corner files received pursuant to Section 17-23-17.5 ;
                      (iv) number progressively all surveys received and state by whom and for whom the surveys
                  were made;
                      (v) deliver a copy of any survey to any person or court requiring the survey after the payment
                  of the fee established by the county legislative body;
                      (vi) ensure that all surveys of legal subdivisions of sections are made according to the
                  [current] United States Manual of Surveying Instructions in effect at the time the survey is
                  completed;

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                      (vii) verify the correctness of or establish correct coordinates for all survey reference
                  monuments set in place and shown on all subdivision maps and plats which have a spatial
                  relationship with any section or quarter section corner; and
                      (viii) perform other duties required by law.
                      (b) In arranging for the performance of surveying work for the county under Subsection
                  (3)(a)(ii), a surveyor may comply with Section 17-53-313 .
                      (4) (a) The county surveyor or his designee shall establish all corners of government surveys
                  and reestablish all corners of government surveys where corners have been destroyed and where
                  witness markers or other evidences of the government corners remain so that the corners established
                  by government survey can be positively located.
                      (b) The corners shall be reestablished in the manner provided in Section 17-23-13 for
                  establishing corners.
                      (c) The county surveyor shall keep a separate record of the established and reestablished
                  corners of government surveys, giving the date and names of persons present and shall provide those
                  records to his successor when he vacates his office.
                      (d) Established or reestablished corners shall be recognized as the legal and permanent
                  corners.
                      (5) The county executive or legislative body may direct the county surveyor or his staff to
                  perform engineering and architectural work if the county surveyor or his staff is qualified and
                  licensed to perform that work.
                      Section 18. Section 17-23-2 is amended to read:
                       17-23-2. Office furnishings and supplies -- Filing and indexing fees -- Records remain
                  county property.
                      (1) The county [executive] shall furnish an office, furniture, and all stationery and record
                  books necessary for the surveyor's office.
                      (2) The county legislative body, by ordinance or resolution, may establish the fee to be
                  collected by the county [surveyor] for filing and indexing a map of a survey. Fees for filing of maps
                  under Section 17-23-17 shall be governed by Section 17-23-19 .

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                      (3) All records, maps, plats, profiles, calculations, and field notes of all surveys made by the
                  county surveyor in [his] an official capacity during [his] the surveyor's term of office, or by persons
                  designated by [him] the surveyor to do survey work on behalf of the county, or maps of a survey                   filed
                  under Section 17-23-17 , shall be the property of the county, open to the inspection of any person
                  [free of charge], and shall be delivered by the surveyor to [his] a successor in office. [In counties
                  where there is no elected county surveyor, the county legislative body may designate another office
                  within the county to act as a depository for all documents filed in compliance with this section.]
                      Section 19. Section 17-23-3 is amended to read:
                       17-23-3. Seal.
                      The county surveyor 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 Surveyor," together
                  with the name of the county in which the same is to be used.
                      Section 20. Section 17-23-5 is amended to read:
                       17-23-5. Maps for county or county officers.
                      [The] (1) Except as provided in Subsection (2), each county surveyor shall:
                      (a) trace, blueprint, or otherwise make all maps necessary for the county or any county
                  officer[, when so requested, and the same shall be filed in his office, together with]; and
                      (b) file those maps and all data obtained by [him] the surveyor from other sources[;
                  provided, that in counties where the salary of the county surveyor is not intended to cover the
                  expenses of such work, the county executive may enter into a contract or other arrangement with
                  the county surveyor, or another surveyor, or other person competent to make maps and plats for such
                  mapping and platting as is required by law] in the surveyor's office.
                      (2) Subsection (1) does not apply to an ownership plat that the county recorder is required
                  under Section 17-21-21 to prepare and keep.
                      Section 21. Section 17-23-14 is amended to read:
                       17-23-14. Disturbed corners -- County surveyor to be notified.
                      (1) Any person who finds it necessary to disturb any established corner in the improvement
                  of a road, or for any other cause, or finds a monument which needs rehabilitation, shall notify the

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                  county surveyor.
                      (2) The county surveyor or [his] designee shall:
                      (a) reconstruct or rehabilitate the monument for the corner by lowering and witnessing the
                  corner or placing another monument and witness over the existing monument so that the monument:
                      (i) is left in a physical condition to remain as permanent a monument as is reasonably
                  possible; and
                      (ii) may be reasonably located at all times in the future; and
                      (b) file the record [the proceedings in the record] of [permanent surveys] each reconstruction
                  or rehabilitation under Subsection (2)(a).
                      Section 22. Section 17-23-15 is amended to read:
                       17-23-15. Removal, destruction, or defacement of monuments or corners as
                  misdemeanor -- Costs.
                      (1) No person shall willfully or negligently remove, destroy, or deface any government
                  survey monument, corner, or witness corner [that is recorded in the office of the county surveyor].
                      (2) Any person who violates this section is guilty of a class C misdemeanor and is
                  additionally responsible for:
                      (a) the costs of any necessary legal action; and
                      (b) the costs of reestablishing the survey monument, corner, or witness corner.
                      Section 23. Section 17-23-16 is amended to read:
                       17-23-16. Resurveys.
                      In the resurvey of lands surveyed under the authority of the United States, the county
                  surveyor or his designee shall observe the following rules:
                      (1) Section and quarter-section corners, and all other corners established by the government
                  survey, shall stand as the true corner.
                      (2) Missing corners shall be reestablished at the point where existing evidence would
                  indicate the original corner was located by the government survey.
                      (3) In all cases, missing corners must be reestablished with reference to the [current] United
                  States Manual of Surveying Instructions.

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                      Section 24. Section 17-23-17 is amended to read:
                       17-23-17. Map of boundary survey -- Procedure for filing -- Contents -- Marking of
                  monuments -- Record of corner changes.
                      (1) (a) [Any registered] Each licensed professional land surveyor making a boundary survey
                  of lands within this state to establish or reestablish a boundary line [on the ground by setting a
                  monument] or to obtain data for constructing a map or plat showing a [monumented] boundary line
                  shall file a map of the survey that meets the requirements of this section with the county surveyor
                  or designated office within 90 days of the establishment or reestablishment of a boundary
                  [monument or boundary line. Resurveys of filed surveys or subdivision lots are not required to be
                  refiled if no monuments are set].
                      (b) The county surveyor or designated office shall file and index the map of the survey.
                      (c) The map shall be a public record in the office of the county surveyor or designated office.
                      (2) This type of map shall show:
                      (a) the location of survey by quarter section and township and range;
                      (b) the date of survey;
                      (c) the scale of drawing and north point;
                      (d) the distance and course of all lines traced or established, giving the basis of bearing and
                  the distance and course to [a] two or more section [corner] corners or quarter [corner] corners,
                  including township and range, or [an] to identified [monument] monuments within a recorded
                  subdivision;
                      (e) all measured bearings, angles, and distances separately indicated from those of record;
                      (f) a written boundary description of property surveyed;
                      (g) all monuments set and their relation to older monuments found;
                      (h) a detailed description of monuments found and monuments set, indicated separately;
                      (i) the surveyor's seal or stamp; and
                      (j) the surveyor's business name and address.
                      (3) (a) The map shall contain a written narrative that explains and identifies:
                      (i) the purpose of the survey;

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                      (ii) the basis on which the lines were established; and
                      (iii) the found monuments and deed elements that controlled the established or reestablished
                  lines.
                      (b) If the narrative is a separate document, it shall contain:
                      (i) the location of the survey by quarter section and by township and range;
                      (ii) the date of the survey;
                      (iii) the surveyor's stamp or seal; and
                      (iv) the surveyor's business name and address.
                      (c) The map and narrative shall be referenced to each other if they are separate documents.
                      (4) The map and narrative shall be created on material of a permanent nature on stable base
                  reproducible material in the sizes required by the county surveyor.
                      (5) (a) Any monument set by a [registered] licensed professional land surveyor to mark or
                  reference a point on a property or land line shall be durably and visibly marked or tagged with the
                  registered business name or the letters "L.S." followed by the registration number of the surveyor in
                  charge.
                      (b) If the monument is set by a [registered] licensed land surveyor who is a public officer,
                  it shall be marked with the official title of the office.
                      (6) (a) If, in the performance of a survey, [the] a surveyor finds or makes any changes [in]
                  to the section corner or quarter-section corner, or their accessories [as they are described in an
                  existing corner record or survey map in the office of the county surveyor or designated office], the
                  surveyor shall complete and submit to the county surveyor or designated office a record of the
                  changes [needed to be] made [to any corner or accessories to the corner].
                      (b) The record shall be submitted within 45 days of the corner visits and shall include the
                  surveyor's seal, business name, and address.
                      (c) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
                  license of any [registered] licensed professional land surveyor who fails to comply with the
                  requirements of this section, according to the procedures set forth in Title 58, Chapter 1, Division
                  of Occupational and Professional Licensing Act.

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                      (7) [Any] Each federal or state agency, board, or commission, special district, or municipal
                  corporation that makes a boundary survey of lands within this state shall comply with this section.
                      Section 25. Section 17-23-17.5 is amended to read:
                       17-23-17.5. Corner perpetuation and filing -- Definitions -- Establishment of corner
                  file -- Preservation of map records -- Filing fees -- Exemptions.
                      (1) As used in this section:
                      (a) "Accessory to a corner" means any exclusively identifiable physical object whose spatial
                  relationship to the corner is recorded. Accessories may be bearing trees, bearing objects,
                  monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden
                  stakes, or other objects.
                      (b) "Corner," unless otherwise qualified, means a property corner, a property controlling
                  corner, a public land survey corner, or any combination of these.
                      (c) "Geographic coordinates" means mathematical values that designate a position on the
                  earth relative to a given reference system. Coordinates shall be established pursuant to Title 57,
                  Chapter 10, Utah Coordinate System.
                      (d) "Land surveyor" means a surveyor who is [registered] licensed to practice land surveying
                  in this state in accordance with Title 58, Chapter 22, Professional Engineers and Land Surveyors
                  Licensing Act.
                      (e) "Monument" means an accessory that is presumed to occupy the exact position of a
                  corner.
                      (f) "Property controlling corner" means a public land survey corner or any property corner
                  which does not lie on a property line of the property in question, but which controls the location of
                  one or more of the property corners of the property in question.
                      (g) "Property corner" means a geographic point of known geographic coordinates on the
                  surface of the earth, and is on, a part of, and controls a property line.
                      (h) "Public land survey corner" means any corner actually established and monumented in
                  an original survey or resurvey used as a basis of legal descriptions for issuing a patent for the land
                  to a private person from the United States government.

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                      (i) "Reference monument" means a special monument that does not occupy the same
                  geographical position as the corner itself, but whose spatial relationship to the corner is recorded and
                  which serves to witness the corner.
                      (2) (a) Any land surveyor making a boundary survey of lands within this state and utilizing
                  a corner shall, within 90 days, complete, sign, and file with the county surveyor of the county where
                  the corner is situated, a written record to be known as a corner file for every public land survey
                  corner and accessory to the corner which is used as control in any survey by the surveyor, unless the
                  corner and its accessories are already a matter of record in the county.
                      (b) Where reasonably possible, the corner file shall include the geographic coordinates of
                  the corner.
                      (c) A surveyor may file a corner record as to any property corner, reference monument, or
                  accessory to a corner.
                      (d) Corner records may be filed concerning corners used before the effective date of this
                  section.
                      (3) The county surveyor of the county containing the corners shall have on record as part of
                  the official files maps of each township within the county, the bearings and lengths of the connecting
                  lines to government corners, and government corners looked for and not found.
                      (4) The county surveyor shall make these records available for public inspection at the
                  county facilities during normal business hours.
                      (5) Filing fees for corner records shall be established by the [county executive or] county
                  legislative body consistent with existing fees for similar services. All corners, monuments, and their
                  accessories used prior to the effective date of this section shall be accepted and filed with the county
                  surveyor without requiring the payment of the fees.
                      (6) When a corner record of a public land survey corner is required to be filed under the
                  provisions of this section and the monument needs to be reconstructed or rehabilitated, the land
                  surveyor shall contact the county surveyor in accordance with Section 17-23-14 .
                      (7) A corner record may not be filed unless it is signed by a land surveyor.
                      (8) All filings relative to official cadastral surveys of the Bureau of Land Management of

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                  the United States of America performed by authorized personnel shall be exempt from filing fees.
                      Section 26. Section 17-23-18 is amended to read:
                       17-23-18. Amendment of survey maps or narratives by affidavit of corrections.
                      (1) Any survey map or narrative filed and recorded under the provisions of this chapter may
                  be amended by an affidavit of corrections:
                      (a) to show any courses or distances omitted from the map or narrative;
                      (b) to correct an error in the description of the real property shown on the map or narrative;
                  or
                      (c) to correct any other errors or omissions where the error or omission is ascertainable from
                  the data shown on the map or narrative as recorded.
                      (2) (a) The affidavit of correction shall be prepared by the [registered] licensed professional
                  land surveyor who filed the map or narrative.
                      (b) In the event of the death, disability, or retirement from practice of the surveyor who filed
                  the map or narrative, the county surveyor or designated office may prepare the affidavit of correction.
                      (c) The affidavit shall set forth in detail the corrections made.
                      (d) The seal and signature of the [registered] licensed professional land surveyor filing the
                  affidavit of correction shall be affixed to the affidavit.
                      (3) The county surveyor or designated office having jurisdiction of the map or narrative shall
                  certify that the affidavit of correction has been examined and that the changes shown on the map or
                  narrative are changes permitted under this section.
                      (4) Nothing in this section permits changes in courses or distances for the purpose of
                  redesigning parcel configurations.
                      Section 27. Section 17-24-1 is amended to read:
                       17-24-1. General duties of treasurer.
                      The county treasurer shall:
                      (1) receive all money belonging to the county and all other money by law directed to be paid
                  to the treasurer, [safely keep the same, and apply and pay it out and render an account thereof as
                  required by law] including proceeds of bonds, notes, or other evidences of indebtedness issued under

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                  Title 11, Chapter 14, Utah Municipal Bond Act;
                      (2) deposit and invest all money received under Title 51, Chapter 7, State Money
                  Management Act;
                      [(2)] (3) keep a record of the receipts and expenditures of all such money;
                      [(3)] (4) disburse county money:
                      (a) on a county warrant issued by the county auditor; or
                      (b) subject to Sections 17-19-1 , 17-19-3 , and 17-19-5 , by a county check or such other
                  payment mechanism as may be adopted pursuant to Chapter 36, Uniform Fiscal Procedures Act for
                  Counties;
                      (5) perform the duties assigned to the treasurer under Title 59, Chapter 2, Part 13, Collection
                  of Taxes;
                      [(4)] (6) perform the duties under Title 59, Chapter 2, Part 13, Collection of Taxes, that have
                  been reassigned to the treasurer in an ordinance adopted under Section 17-16-5.5 ; and
                      [(5)] (7) perform [such] other duties [as] that are [or may be] required by law or ordinance.
                      Section 28. Section 17-24-4 is amended to read:
                       17-24-4. Payment of warrants, checks, or other instruments.
                      (1) When a warrant is presented for payment and there is money in the treasury [for that
                  purpose], the treasurer shall pay it.
                      (2) Upon receiving the notice from the county auditor under Subsection 17-19-3 (3)(b) and
                  if there is adequate money in the treasury, the treasurer shall, by check or other payment mechanism,
                  make any payment not already paid by warrant.
                      (3) Notwithstanding Subsections (1) and (2), the treasurer has no obligation to pay any
                  warrant or to issue any check or other payment instrument before receiving the certified list under
                  Subsection 17-20-1.7 (4).
                      Section 29. Section 17-24-12 is amended to read:
                       17-24-12. Reports to county executive or legislative body.
                      Each county treasurer [must] shall make a detailed report whenever required so to do by the
                  county executive or by the legislative body at any of their regular or special [meeting of them]

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                  meetings of all money received by [him] the treasurer, and of disbursements thereof, and of all other
                  proceedings in [his] the treasurer's office so that the receipts into the treasury and the amount of
                  disbursements shall clearly and distinctly appear.
                      Section 30. Section 17-27-103 is amended to read:
                       17-27-103. Definitions -- Notice.
                      (1) As used in this chapter:
                      (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
                  residential property if the sign is designed or intended to direct attention to a business, product, or
                  service that is not sold, offered, or existing on the property where the sign is located.
                      (b) "Chief executive officer" means the [county executive, or if the county has adopted an
                  alternative form of government, the official who] person or body that exercises the executive powers
                  of the county.
                      (c) "Conditional use" means a land use that, because of its unique characteristics or potential
                  impact on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some
                  areas or may be compatible only if certain conditions are required that mitigate or eliminate the
                  detrimental impacts.
                      (d) "Constitutional taking" has the meaning as defined in Section 63-34-13 .
                      (e) "County" means the unincorporated area of the county.
                      (f) "Elderly person" means a person who is 60 years old or older, who desires or needs to live
                  with other elderly persons in a group setting, but who is capable of living independently.
                      (g) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
                      (h) (i) "General plan" means a document that a county adopts that sets forth general
                  guidelines for proposed future development of the land within the county, as set forth in Sections
                  17-27-301 and 17-27-302 .
                      (ii) "General plan" includes what is also commonly referred to as a "master plan."
                      (i) "Interstate pipeline company" means a person or entity engaged in natural gas
                  transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the
                  Natural Gas Act, 15 U.S.C. Sec. 717 et seq.

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                      (j) "Intrastate pipeline company" means a person or entity engaged in natural gas
                  transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission
                  under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
                      (k) "Legislative body" means the county legislative body, or for a county that has adopted
                  an alternative form of government, the body exercising legislative powers.
                      (l) "Lot line adjustment" means the relocation of the property boundary line between two
                  adjoining lots with the consent of the owners of record.
                      (m) "Municipality" means a city or town.
                      (n) "Nonconforming structure" means a structure that:
                      (i) legally existed before its current zoning designation; and
                      (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
                  setback, height restrictions, or other regulations that govern the structure.
                      (o) "Nonconforming use" means a use of land that:
                      (i) legally existed before its current zoning designation;
                      (ii) has been maintained continuously since the time the zoning regulation governing the                   land
                  changed; and
                      (iii) because of subsequent zoning changes, does not conform with the zoning regulations
                  that now govern the land.
                      (p) "Official map" has the same meaning as provided in Section 72-5-401 .
                      (q) "Person" means an individual, corporation, partnership, organization, association, trust,
                  governmental agency, or any other legal entity.
                      (r) "Plat" means a map or other graphical representation of lands being laid out and prepared
                  in accordance with Section 17-27-804 .
                      (s) "Record of survey map" means a map of a survey of land prepared in accordance with
                  Section 17-23-17 .
                      (t) (i) "Residential facility for elderly persons" means a single-family or multiple-family
                  dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of that
                  part.

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                      (ii) "Residential facility for elderly persons" does not include a health care facility as defined
                  by Section 26-21-2 .
                      (u) "Special district" means all entities established under the authority of Title 17A, Special
                  Districts, and any other governmental or quasi-governmental entity that is not a county, municipality,
                  school district, or unit of the state.
                      (v) "Street" means public rights-of-way, including highways, avenues, boulevards, parkways,
                  roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and other ways.
                      (w) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be divided
                  into two or more lots, parcels, sites, units, plots, or other division of land for the purpose, whether
                  immediate or future, for offer, sale, lease, or development either on the installment plan or upon any
                  and all other plans, terms, and conditions.
                      (ii) "Subdivision" includes the division or development of land whether by deed, metes and
                  bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
                      (iii) "Subdivision" does not include:
                      (A) a bona fide division or partition of agricultural land for agricultural purposes;
                      (B) a recorded agreement between owners of adjoining properties adjusting their mutual
                  boundary if:
                      (I) no new lot is created; and
                      (II) the adjustment does not result in a violation of applicable zoning ordinances;
                      (C) a recorded document, executed by the owner of record, revising the legal description of
                  more than one contiguous parcel of property into one legal description encompassing all such parcels
                  of property; or
                      (D) a bona fide division or partition of land in a county other than a first class county for the
                  purpose of siting, on one or more of the resulting separate parcels, an unmanned facility appurtenant
                  to a pipeline owned or operated by a gas corporation, interstate pipeline company, or intrastate
                  pipeline company.
                      (iv) The joining of a subdivided parcel of property to another parcel of property that has not
                  been subdivided does not constitute a "subdivision" under this Subsection (1) (w) as to the

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                  unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
                  ordinance.
                      (x) "Unincorporated" means the area outside of the incorporated boundaries of cities and
                  towns.
                      (2) (a) A county meets the requirements of reasonable notice required by this chapter if it:
                      (i) posts notice of the hearing or meeting in at least three public places within the jurisdiction
                  and publishes notice of the hearing or meeting in a newspaper of general circulation in the
                  jurisdiction, if one is available; or
                      (ii) gives actual notice of the hearing or meeting.
                      (b) A county legislative body may enact an ordinance establishing stricter notice
                  requirements than those required by this Subsection (2).
                      (c) (i) Proof that one of the two forms of notice authorized by this subsection was given is
                  prima facie evidence that notice was properly given.
                      (ii) If notice given under authority of this section is not challenged as provided in Section
                  17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
                  is considered adequate and proper.
                      Section 31. Section 17-27-406 is amended to read:
                       17-27-406. Conditional uses -- Appeals.
                      (1) A zoning ordinance may contain provisions for administrative decisions relating to
                  conditional uses that may be allowed, allowed with conditions, or denied in designated zoning
                  districts, based on compliance with standards and criteria set forth in the zoning ordinance for those
                  uses.
                      (2) Appeals of the approval or denial of a conditional use permit shall be decided by the
                  board of adjustment, unless the county legislative body by ordinance designates itself or another
                  body to decide those appeals.
                      Section 32. Section 17-27-702 is amended to read:
                       17-27-702. Organization -- Procedures.
                      (1) The board of adjustment shall:

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                      (a) organize and elect a chairperson; and
                      (b) adopt rules that comply with any ordinance adopted by the legislative body.
                      (2) The board of adjustment shall meet at the call of the chairperson and at any other times
                  that the board of adjustment determines.
                      (3) The chairperson, or in the absence of the chairperson, the acting chairperson, may
                  administer oaths and compel the attendance of witnesses.
                      (4) (a) All meetings of the board of adjustment shall comply with the requirements of Title
                  52, Chapter 4, Open and Public Meetings.
                      (b) The board of adjustment shall:
                      (i) keep minutes of its proceedings, showing the vote of each member upon each question,
                  or if absent or failing to vote, indicating that fact; and
                      (ii) keep records of its examinations and other official actions.
                      (c) The board of adjustment may, but is not required to, have its proceedings
                  contemporaneously transcribed by a court reporter or a tape recorder.
                      (d) The board of adjustment shall file its records in the office of the board of adjustment.
                      (e) All records in the office of the board of adjustment are public records.
                      (5) The [concurring] vote of [at least three] a majority of the members of the board of
                  adjustment present at a meeting at which a quorum is present is necessary to reverse any order,
                  requirement, decision, or determination of any administrative official or agency or to decide in favor
                  of the appellant.
                      (6) Decisions of the board of adjustment become effective at the meeting in which the
                  decision is made, unless a different time is designated in the board's rules or at the time the decision
                  is made.
                      (7) The legislative body may fix per diem compensation for the members of the board of
                  adjustment, based on necessary and reasonable expenses and on meetings actually attended.
                      Section 33. Section 17-27-703 is amended to read:
                       17-27-703. Powers and duties.
                      (1) The board of adjustment shall hear and decide:

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                      (a) appeals from [zoning] administrative decisions applying [the] a zoning or subdivision
                  ordinance[;], including appeals from:
                      (i) building permit denials based upon a failure to comply with a zoning or subdivision
                  ordinance; and
                      (ii) administrative decisions related to subdivision plats;
                      (b) special exceptions to the terms of the zoning ordinance; [and]
                      (c) variances from the terms of the zoning ordinance[.] ; and
                      (d) appeals from a decision approving or denying a conditional use permit, unless the county
                  legislative body has by ordinance designated itself or another body to hear and decide those appeals.
                      (2) The board of adjustments may make determinations regarding the existence, expansion,
                  or modification of nonconforming uses if that authority is delegated to them by the legislative body.
                      (3) If authorized by the legislative body, the board of adjustment may interpret the zoning
                  maps and pass upon disputed questions of lot lines, district boundary lines, or similar questions as
                  they arise in the administration of the zoning regulations.
                      Section 34. Section 17-27-704 is amended to read:
                       17-27-704. Appeals.
                      (1) (a) [(i)] The applicant or any other person or entity adversely affected by [a] an
                  administrative decision [administering or interpreting] applying a zoning or subdivision ordinance
                  may appeal that decision [applying the zoning ordinance] by alleging that there is error in any order,
                  requirement, decision, or determination made by an official [in the administration or interpretation
                  of the zoning ordinance].
                      [(ii)] (b) The legislative body shall enact an ordinance establishing a reasonable time for
                  appeal to the board of adjustment of administrative decisions [administering or interpreting a zoning
                  ordinance] under Subsection (1)(a).
                      [(b) Any officer, department, board, or bureau of a county affected by the grant or refusal
                  of a building permit or by any other decisions of the administrative officer in the administration or
                  interpretation of the zoning ordinance may appeal any decision to the board of adjustment.]
                      (2) The person or entity making the appeal has the burden of proving that an error has been

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                  made.
                      (3) (a) Only decisions applying [the] a zoning or subdivision ordinance may be appealed to
                  the board of adjustment.
                      (b) A person may not appeal, and the board of adjustment may not consider, any zoning or
                  subdivision ordinance amendments.
                      (4) Appeals may not be used to waive or modify the terms or requirements of the zoning or
                  subdivision ordinance.
                      Section 35. Section 17-27-708 is amended to read:
                       17-27-708. District court review of board of adjustment decision.
                      (1) Any person adversely affected by any decision of a board of adjustment may petition the
                  district court for a review of the decision.
                      (2) (a) [In the petition, the plaintiff may only allege that] The district court's review is limited
                  to a determination of whether the board of adjustment's decision [was] is arbitrary, capricious, or
                  illegal.
                      (b) A determination of illegality requires a determination that the board of adjustment's
                  decision violates a statute, ordinance, or existing law.
                      (3) (a) The petition is barred unless it is filed within 30 days after the board of adjustment's
                  decision is final.
                      (b) (i) The time under Subsection (3)(a) to file a petition is tolled from the date a property
                  owner files a request for arbitration of a constitutional taking issue with the private property
                  ombudsman under Section 63-34-13 until 30 days after:
                      (A) the arbitrator issues a final award; or
                      (B) the private property ombudsman issues a written statement under Subsection
                  63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
                      (ii) A tolling under Subsection (3)(b)(i) operates only as to the specific constitutional taking
                  issues that are the subject of the request for arbitration filed with the private property ombudsman
                  by a property owner.
                      (iii) A request for arbitration filed with the private property ombudsman after the time under

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                  Subsection (3)(a) to file a petition has expired does not affect the time to file a petition.
                      (4) (a) The board of adjustment shall transmit to the reviewing court the record of its
                  proceedings including its minutes, findings, orders and, if available, a true and correct transcript of
                  its proceedings.
                      (b) If the proceeding was tape recorded, a transcript of that tape recording is a true and
                  correct transcript for purposes of this Subsection (4).
                      (5) (a) (i) If there is a record, the district court's review is limited to the record provided by
                  the board of adjustment.
                      (ii) The court may not accept or consider any evidence outside the board of adjustment's
                  record unless that evidence was offered to the board of adjustment and the court determines that it
                  was improperly excluded by the board of adjustment.
                      (b) If there is no record, the court may call witnesses and take evidence.
                      (6) The court shall affirm the decision of the board of adjustment if the decision is supported
                  by substantial evidence in the record.
                      (7) (a) The filing of a petition does not stay the decision of the board of adjustment.
                      (b) (i) Before filing a petition under this section or a request for mediation or arbitration of
                  a constitutional taking issue under Section 63-34-13 , the aggrieved party may petition the board of
                  adjustment to stay its decision.
                      (ii) Upon receipt of a petition to stay, the board of adjustment may order its decision stayed
                  pending district court review if the board of adjustment finds it to be in the best interest of the
                  county.
                      (iii) After a petition is filed under this section or a request for mediation or arbitration of a
                  constitutional taking issue is filed under Section 63-34-13 , the petitioner may seek an injunction
                  staying the board of adjustment's decision.
                      Section 36. Section 17-27-804 is amended to read:
                       17-27-804. Plats required.
                      (1) Unless exempt under Section 17-27-806 or not included in the definition of a subdivision
                  under Subsection 17-27-103 (1), whenever any lands are divided, the owner of those lands shall have

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                  an accurate plat made of them that sets forth and describes:
                      (a) all the parcels of ground divided, by their boundaries, course, and extent, and whether
                  they are intended for streets or other public uses, together with any areas that are reserved for public
                  purposes; and
                      (b) the lot or unit reference, the block or building reference, the street or site address, the
                  street name or coordinate address, the acreage or square footage for all parcels, units, or lots, and the
                  length and width of the blocks and lots intended for sale.
                      (2) (a) The owner of the land shall acknowledge the plat before an officer authorized by law
                  to take the acknowledgement of conveyances of real estate.
                      (b) The surveyor making the plat shall certify it.
                      (c) The county [legislative body] executive shall approve the plat as provided in this part.
                  Before the [legislative body] county executive may approve a plat, the owner of the land shall
                  provide the [legislative body] county executive with a tax clearance indicating that all taxes, interest,
                  and penalties owing on the land have been paid.
                      (3) After the plat has been acknowledged, certified, and approved, the owner of the land
                  shall [file and] record it in the county recorder's office in the county in which the lands platted and
                  [divided] laid out are situated.
                      Section 37. Section 17-27-805 is amended to read:
                       17-27-805. Subdivision approval procedure.
                      (1) A person may not submit a plat of a subdivision to the county recorder's office for
                  recording unless a recommendation has been received from the planning commission and:
                      [(1)] (a) the plat has been approved by:
                      [(a)] (i) the [legislative body] executive of the county in whose unincorporated area the
                  subdivision is located; or
                      [(b)] (ii) other officers that the county legislative body designates in an ordinance; and
                      [(2)] (b) the [approvals are] approval is entered in writing on the plat by the [chief] county
                  executive [officer or chairperson of the legislative body] or by the other officers designated in the
                  ordinance.

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                      (2) A subdivision plat recorded without the approval required under this section is void.
                      Section 38. Section 17-27-806 is amended to read:
                       17-27-806. Exemptions from plat requirement.
                      (1) (a) Notwithstanding Sections 17-27-804 and 17-27-805 , a person may submit to the
                  county recorder's office for recording a document that subdivides property by metes and bounds into
                  less than ten lots, without the necessity of recording a plat, if:
                      (i) the planning commission, if required by county ordinance, has given the county
                  [legislative body] executive its recommendation, whether favorable or not; and
                      (ii) the document contains a certificate or written approval from:
                      (A) the [legislative body] executive of the county in whose unincorporated area the property
                  is located; or
                      (B) other officers that the county legislative body designates in an ordinance.
                      (b) By indicating its approval on a document under Subsection (1)(a), the county [legislative
                  body] executive or other officer designated by the county legislative [officer] body certifies that:
                      (i) the planning commission:
                      (A) has given its recommendation to the county [legislative body] executive; or
                      (B) is not required by county ordinance to give its recommendation;
                      (ii) the subdivision is not traversed by the mapped lines of a proposed street as shown in the
                  general plan and does not require the dedication of any land for street or other public purposes; and
                      (iii) if the subdivision is located in a zoned area, each lot in the subdivision meets the
                  frontage, width, and area requirements of the zoning ordinance or has been granted a variance from
                  those requirements by the board of adjustment.
                      (2) (a) Subject to Subsection (2)(b), a lot or parcel resulting from a division of agricultural
                  land is exempt from the plat requirements of Section 17-27-804 if the lot or parcel:
                      (i) qualifies as land in agricultural use under Title 59, Chapter 2, Part 5, Farmland
                  Assessment Act;
                      (ii) meets the minimum size requirement of applicable zoning ordinances; and
                      (iii) is not used and will not be used for any nonagricultural purpose.

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                      (b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
                  graphically illustrated on a record of survey map that, after receiving the same approvals as are
                  required for a plat under Section 17-27-805 , shall be recorded with the county recorder.
                      (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural purpose,
                  the county in whose unincorporated area the lot or parcel is located may require the lot or parcel to
                  comply with the requirements of Section 17-27-804 .
                      (3) (a) A person may not submit to the county recorder's office for recording a document that
                  subdivides property by metes and bounds unless it contains the certificate or written approval
                  required by this section.
                      (b) The recording of a document that subdivides property by metes and bounds and does not
                  contain the certificate or written approval required by this section:
                      (i) does not affect the validity of the document; and
                      (ii) does not affect whether the subdivided property complies with applicable county
                  ordinances on land use and development.
                      Section 39. Section 17-27-806.5 is enacted to read:
                      17-27-806.5. Common area parcels on a plat -- No separate ownership -- Ownership
                  interest equally divided among other parcels on a plat and included in description of other
                  parcels.
                      (1) A parcel designated as common area on a plat recorded in compliance with this part may
                  not be separately owned or conveyed independent of the other parcels created by the plat.
                      (2) The ownership interest in a parcel described in Subsection (1) shall:
                      (a) for purposes of assessment, be divided equally among all parcels created by the plat,
                  unless a different division of interest for assessment purposes is indicated on the plat or an
                  accompanying document; and
                      (b) be considered to be included in the description of each instrument describing a parcel on
                  the plat by its identifying plat number, even if the common area interest is not explicitly stated in the
                  instrument.
                      Section 40. Section 17-27-808 is amended to read:

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                       17-27-808. Vacating or changing a subdivision plat.
                      (1) (a) Subject to Subsection (2), the county [legislative body] executive or any other officer
                  that the county legislative body designates by ordinance may, with or without a petition, consider
                  any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a subdivision
                  plat, or any street, lot, or alley contained in a subdivision plat at a public hearing.
                      (b) If a petition is filed, the responsible [body or] officer shall hold the public hearing within
                  45 days after receipt of the planning commission's recommendation under Subsection (2) if:
                      (i) the plat change includes the vacation of a public street or alley;
                      (ii) any owner within the plat notifies the municipality of their objection in writing within
                  ten days of mailed notification; or
                      (iii) a public hearing is required because all of the owners in the subdivision have not signed
                  the revised plat.
                      (2) (a) Before the county legislative body or officer designated by the county legislative body
                  may consider a proposed vacation, alteration, or amendment under Subsection (1)(a) or (6), the
                  county legislative body or officer shall refer the proposal to the planning commission for its
                  recommendation.
                      (b) The planning commission shall give its recommendation within 30 days after the
                  proposed vacation, alteration, or amendment is referred to it.
                      (3) Any fee owner, as shown on the last county assessment rolls, of land within the
                  subdivision that has been laid out and platted as provided in this part may, in writing, petition the
                  [legislative body] county executive to have the plat, any portion of it, or any street or lot contained
                  in it, vacated, altered, or amended as provided in this section.
                      (4) Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or
                  lot contained in a plat shall include:
                      (a) the name and address of all owners of record of the land contained in the entire plat;
                      (b) the name and address of all owners of record of land adjacent to any street that is
                  proposed to be vacated, altered, or amended; and
                      (c) the signature of each of these owners who consents to the petition.

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                      (5) (a) A petition that lacks the consent of all owners referred to in Subsection (4) may not
                  be scheduled for consideration at a public hearing before the responsible [body or] officer until the
                  notice required by this part is given.
                      (b) The petitioner shall pay the cost of the notice.
                      (6) Subject to Subsection (2), if the responsible body or officer proposes to vacate, alter, or
                  amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider the
                  issue at a public hearing after giving the notice required by this part.
                      (7) Petitions to adjust lot lines between adjacent properties may be executed upon the
                  recordation of an appropriate deed if:
                      (a) no new dwelling lot or housing unit results from the lot line adjustment;
                      (b) the adjoining property owners consent to the lot line adjustment;
                      (c) the lot line adjustment does not result in remnant land that did not previously exist; and
                      (d) the adjustment does not result in violation of applicable zoning requirements.
                      (8) (a) The name of a recorded subdivision may be changed by recording an amended plat
                  making that change, as provided in this section.
                      (b) Except as provided in Subsection (8)(a), the recording of a declaration or other document
                  that purports to change the name of a recorded plat is void.
                      Section 41. Section 17-27-809 is amended to read:
                       17-27-809. Notice of hearing for plat change.
                      (1) (a) The responsible [body or] officer shall give notice of the proposed plat change by
                  mailing the notice to each owner of property located within 300 feet of the property that is the
                  subject of the proposed plat change, addressed to the owner's mailing address appearing on the rolls
                  of the county assessor of the county in which the land is located.
                      (b) The responsible [body or] officer shall ensure that the notice includes:
                      (i) a statement that anyone objecting to the proposed plat change must file a written                   objection
                  to the change within ten days of the date of the notice;
                      (ii) a statement that if no written objections are received by the [legislative body] county
                  executive within the time limit, no public hearing will be held; and

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                      (iii) the date, place, and time when a hearing will be held, if one is required, to consider a
                  vacation, alteration, or amendment without a petition when written objections are received or to
                  consider any petition that does not include the consent of all land owners as required by Section
                  17-27-808 .
                      (2) If the proposed change involves the vacation, alteration, or amendment of a street, the
                  responsible [body or] officer shall give notice of the date, place, and time of the hearing by:
                      (a) mailing notice as required in Subsection (1); and
                      (b) (i) publishing the notice once a week for four consecutive weeks before the hearing in
                  a newspaper of general circulation in the county in which the land subject to the petition is located;
                  or
                      (ii) if there is no newspaper of general circulation in the county, posting the notice for four
                  consecutive weeks before the hearing in three public places in that county.
                      Section 42. Section 17-27-810 is amended to read:
                       17-27-810. Grounds for vacating or changing a plat.
                      (1) (a) Within 30 days after the public hearing required by this part, the responsible [body
                  or] officer shall consider the petition.
                      (b) If the responsible [body or] officer is satisfied that [neither] the public [nor any person]
                  will not be materially injured by the proposed vacation, alteration, or amendment, and that there is
                  good cause for the vacation, alteration, or amendment, the [legislative body, by ordinance,] county
                  executive may vacate, alter, or amend the plat, any portion of the plat, or any street or lot.
                      (c) The responsible [body or] officer may approve the vacation, alteration, or amendment
                  by [ordinance,] amended plat, administrative order, or deed containing a stamp or mark indicating
                  approval by the responsible [body or] officer.
                      (d) The responsible [body or] officer shall ensure that the vacation, alteration, or amendment
                  is recorded in the office of the county recorder in which the land is located.
                      (2) An aggrieved party may appeal the responsible [body's or] officer's decision to [district
                  court as provided in Section 17-27-1001 ] the board of adjustment.
                      Section 43. Section 17-27-811 is amended to read:

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                       17-27-811. Owner may not sell land before plat recorded -- Improper recording does
                  not affect validity of document or compliance with ordinances -- Action by county.
                      [(1) (a) A county recorder may not record a subdivision plat that has not been approved by
                  the legislative body of the county in whose unincorporated area the subdivision is located.]
                      [(b) A plat of a subdivision recorded without the approval of the county legislative body is
                  void.]
                      [(2)] (1) (a) An owner of any land located in a subdivision, as defined in this chapter, who
                  transfers or sells any land in that subdivision before a plat of the subdivision has been approved and
                  recorded as required in this part violates this part for each lot or parcel transferred or sold.
                      (b) The description by metes and bounds in the instrument of transfer or other documents
                  used in the process of selling or transferring does not exempt the transaction from a violation of
                  Subsection (2)(a) or from the penalties or remedies provided in this chapter.
                      (c) Notwithstanding any other provision of this Subsection [(2)] (1), the recording of an
                  instrument of transfer or other document used in the process of selling or transferring real property
                  that violates this part:
                      (i) does not affect the validity of the instrument or other document; and
                      (ii) does not affect whether the property that is the subject of the instrument or other
                  document complies with applicable municipal ordinances on land use and development.
                      [(3)] (2) (a) A county may bring an action against an owner to require the property to
                  conform to the provisions of this part or an ordinance enacted under the authority of this part.
                      (b) An action under this Subsection [(3)] (2) may include an injunction, abatement, merger
                  of title, or any other appropriate action or proceedings to prevent, enjoin, or abate the violation.
                      (c) A county need only establish the violation to obtain the injunction.
                      Section 44. Section 17-27-901 is amended to read:
                       17-27-901. Restrictions for solar and other energy devices.
                      (1) The legislative body, in order to protect and ensure access to sunlight for solar energy
                  devices, may adopt regulations governing legislative subdivision development plans that relate to
                  the use of restrictive covenants or solar easements, height restrictions, side yard and setback

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                  requirements, street and building orientation and width requirements, height and location of
                  vegetation with respect to property boundary lines, and other permissible forms of land use controls.
                      (2) The [legislative body] county executive may refuse to approve or renew any plat or
                  subdivision plan, or dedication of any street or other ground, if the deed restrictions, covenants, or
                  similar binding agreements running with the land for the lots or parcels covered by the plat or
                  subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar collectors,
                  clotheslines, or other energy devices based on renewable resources from being installed on buildings
                  erected on lots or parcels covered by the plat or subdivision.
                      Section 45. Section 17-27-1001 is amended to read:
                       17-27-1001. Appeals.
                      (1) No person may challenge in district court a county's land use decisions made under this
                  chapter or under the regulation made under authority of this chapter until that person has exhausted
                  all administrative remedies.
                      (2) (a) Any person adversely affected by any decision made in the exercise of the provisions
                  of this chapter may file a petition for review of the decision with the district court within 30 days
                  after the local decision is rendered.
                      (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a property
                  owner files a request for arbitration of a constitutional taking issue with the private property
                  ombudsman under Section 63-34-13 until 30 days after:
                      (A) the arbitrator issues a final award; or
                      (B) the private property ombudsman issues a written statement under Subsection
                  63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
                      (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional taking
                  issues that are the subject of the request for arbitration filed with the private property ombudsman
                  by a property owner.
                      (iii) A request for arbitration filed with the private property ombudsman after the time under
                  Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
                      (3) (a) The courts shall:

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                      [(a)] (i) presume that land use decisions and regulations are valid; and
                      [(b)] (ii) determine only whether or not the decision is arbitrary, capricious, or illegal.
                      (b) A determination of illegality requires a determination that the decision violates a statute,
                  ordinance, or existing law.
                      Section 46. Section 17-33-1 is amended to read:
                       17-33-1. Title -- Establishment of merit system -- Separate systems for peace officers
                  and firemen recognized -- Options of small counties.
                      (1) This chapter shall be known and may be cited as the "County Personnel Management
                  Act."
                      (2) A merit system of personnel administration for the counties of the state of Utah, their
                  departments, offices, and agencies, except as otherwise specifically provided, is established.
                      (3) This chapter recognizes the existence of the merit systems for peace officers of the
                  several counties as provided for in [Title 17,] Chapter 30, Deputy Sheriffs - Merit System, and for
                  firemen of the several counties as provided for in [Title 17,] Chapter 28, Firemen's Civil Service
                  Commission, and is intended to give county commissions the option of using the provisions of this
                  chapter as a single merit system for all county employees or in combination with these existing
                  systems for firemen and peace officers.
                      (4) This chapter [shall be] is optional with counties having fewer than 130 full-time,
                  part-time, and seasonal employees and elected officials not covered by other merit systems.
                      Section 47. Section 17-33-4 is amended to read:
                       17-33-4. Career service council -- Members and alternate members -- Powers and
                  duties -- Appeals -- Time limit -- Qualifications, appointment, terms, and compensation of
                  council members.
                      (1) (a) (i) There shall be in each county establishing a system a three-member bipartisan
                  career service council appointed by the county [legislative body] executive. The members of the
                  council shall be persons in sympathy with the application of merit principles to public employment.
                      (ii) (A) The county executive may appoint alternate members of the career service council
                  to hear appeals that one or more regular career service council members are unable to hear.

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                      (B) The term of an alternate member of the career service council may not exceed one year.
                      (b) The council shall hear appeals not resolved at lower levels in the cases of career service
                  employees suspended, transferred, demoted, or dismissed as well in the cases of other grievances not
                  resolved by the grievance procedure at the division or departmental level.
                      (c) The career service council:
                      (i) may make an initial determination in each appeal whether the appeal is one of the types
                  of matters under Subsection (1)(b) over which the council has jurisdiction;
                      (ii) shall review written appeals in cases of applicants rejected for examination and report
                  final binding appeals decisions, in writing, to the county legislative body; [and]
                      (iii) may not hear any other personnel matter[.]; and
                      (iv) may affirm, modify, vacate, or set aside an order for disciplinary action.
                      [(d) Notwithstanding the other provisions of this Subsection (1), a right of]
                      (d) (i) A person adversely affected by a decision of the career service council may appeal the
                  decision to the district court [under the provisions of the Utah Rules of Civil Procedure shall not be
                  abridged].
                      (ii) An appeal to the district court under this Subsection (1)(d) is barred unless it is filed
                  within 30 days after the career service council issues its decision.
                      (iii) If there is a record of the career service council proceedings, the district court review
                  shall be limited to the record provided by the career service council.
                      (iv) In reviewing a decision of the career service council, the district court shall presume that
                  the decision is valid and may determine only whether the decision is arbitrary or capricious.
                      (2) Each council member shall serve a term of three years to expire on June 30, three years
                  after the date of his or her appointment, except that original appointees shall be chosen as follows:
                  one member for a term expiring June 30, 1982; one member for a term expiring June 30, 1983; and
                  one member for a term expiring June 30, 1984. Successors of original council members shall be
                  chosen for three-year terms. An appointment to fill a vacancy on the council shall be for only the
                  unexpired term of the appointee's successor. Each member of the board shall hold office until his
                  successor is appointed and confirmed. A member of the council may be removed by the [governing

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                  body] county executive for cause, after having been given a copy of the charges against him or her
                  and an opportunity to be heard publicly on the charges before the county legislative body. Adequate
                  annual appropriations shall be made available to enable the council effectively to carry out its duties
                  under this law.
                      (3) Members and alternates of the council shall be United States citizens and be actual and
                  bona fide residents of the state of Utah and the county from which appointed for a period of not less
                  than one year preceding the date of appointment and a member may not hold another government
                  office or be employed by the county.
                      (4) The council shall elect one of its members as chairperson, and two or more members of
                  the council shall constitute a quorum necessary for carrying on the business and activity of the
                  council.
                      (5) The council shall have subpoena power to compel attendance of witnesses, and to
                  authorize witness fees where it deems appropriate, to be paid at the same rate as in justice courts.
                      (6) (a) (i) Council members shall receive compensation for each day or partial day they are
                  in session at a per diem rate determined by the county legislative body.
                      (ii) An alternate member shall receive compensation for each day or partial day that the
                  alternate member is required to replace a regular council member, at a per diem rate determined by
                  the county legislative body.
                      (b) The county legislative body may periodically adjust the compensation rate for inflation.
                      Section 48. Section 17-33-4.5 is enacted to read:
                      17-33-4.5. Council may refer an appeal to an administrative law judge for a
                  recommendation -- Council action on recommendation.
                      (1) (a) A county legislative body may appoint one or more administrative law judges to hear
                  appeals referred by a career service council under this section.
                      (b) Each administrative law judge shall be trained and experienced in personnel matters.
                      (2) (a) If a career service council determines that it is in the county's best interest, it may
                  initially refer an appeal to an administrative law judge who has been appointed under Subsection (1).
                      (b) After holding a hearing, the administrative law judge shall make findings of fact and a

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                  recommendation to the career service council.
                      (c) After receiving the administrative law judge's recommendation, a career service council
                  may request the administrative law judge to hold a further factual hearing before the career service
                  council's decision.
                      (d) A career service council may adopt or reject an administrative law judge's
                  recommendation, whether before or after a further hearing under Subsection (2)(c).
                      Section 49. Section 17-33-5 is amended to read:
                       17-33-5. Office of personnel management -- Director -- Appointment and
                  responsibilities -- Personnel rules.
                      (1) (a) Each county [legislative body] executive shall:
                      (i) create an office of personnel management, administered by a director of personnel
                  management; and
                      (ii) ensure that the director is a person with proven experience in personnel management.
                      [(b) (i) Beginning July 1, 1993, the county legislative body shall appoint a director of
                  personnel management to serve a four-year term.]
                      [(ii) At the expiration of any four-year term, the county legislative body may reappoint that
                  director to another four-year term or may appoint a new director.]
                      [(iii) If the position of director of personnel management becomes vacant for any reason
                  before the four-year term expires, the county legislative body shall appoint a person to complete the
                  unexpired term by following the procedures and requirements of this section.]
                      (b) The position of director of personnel management shall be:
                      (i) a merit position; and
                      (ii) filled as provided in Subsection (1)(c).
                      (c) The career service council shall:
                      (i) advertise and recruit for the director position in the same manner as for merit positions;
                      (ii) select three names from a register; and
                      (iii) submit those names as recommendations to the county legislative body.
                      (d) The county legislative body shall select a person to serve as director of the office of

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                  personnel management from the names submitted to it by the career service council.
                      (2) The director of personnel management shall:
                      (a) encourage and exercise leadership in the development of expertise in personnel
                  administration within the several departments, offices, and agencies in the county service and make
                  available the facilities of the office of personnel management to this end;
                      (b) advise the county legislative and executive bodies on the use of human resources;
                      (c) develop and implement programs for the improvement of employee effectiveness, such
                  as training, safety, health, counseling, and welfare;
                      (d) investigate periodically the operation and effect of this law and of the policies made
                  under it and report findings and recommendations to the county legislative body;
                      (e) establish and maintain records of all employees in the county service, setting forth as to
                  each employee class, title, pay or status, and other relevant data;
                      (f) make an annual report to the county legislative body and county executive regarding the
                  work of the department; and
                      (g) apply and carry out this law and the policies under it and perform any other lawful acts
                  that are necessary to carry out the provisions of this law.
                      (3) (a) (i) The director shall [issue] recommend personnel rules for the county.
                      (ii) The county legislative body may approve, amend, or reject those rules before they are
                  [implemented] adopted.
                      (b) The rules shall provide for:
                      (i) recruiting efforts to be planned and carried out in a manner that assures open competition,
                  with special emphasis to be placed on recruiting efforts to attract minorities, women, handicapped,
                  or other groups that are substantially underrepresented in the county work force to help assure they
                  will be among the candidates from whom appointments are made;
                      (ii) the establishment of job related minimum requirements wherever practical, which all
                  successful candidates shall be required to meet in order to be eligible for consideration for
                  appointment or promotion;
                      (iii) selection procedures that include consideration of the relative merit of each applicant

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                  for employment, a job related method of determining the eligibility or ineligibility of each applicant,
                  and a valid, reliable, and objective system of ranking [eligibles] eligible applicants according to their
                  qualifications and merit;
                      (iv) certification procedures that insure equitable consideration of an appropriate number of
                  the most qualified [eligibles] eligible applicants based on the ranking system;
                      (v) appointments to positions in the career service by selection from the most qualified
                  [eligibles] eligible applicants certified on eligible lists established in accordance with Subsections
                  (3)(b)(iii) and (iv);
                      (vi) noncompetitive appointments in the occasional instance where there is evidence that
                  open or limited competition is not practical, such as for unskilled positions for which there are no
                  minimum job requirements;
                      (vii) limitation of competitions at the discretion of the director for appropriate positions to
                  facilitate employment of qualified applicants with a substantial physical or mental impairment, or
                  other groups protected by Title VII of the Civil Rights Act;
                      (viii) permanent appointment for entry to the career service which shall be contingent upon
                  satisfactory performance by the employee during a period of six months, with the probationary
                  period extendable for a period not to exceed six months for good cause, but with the condition that
                  the probationary employee may appeal directly to the council any undue prolongation of the period
                  designed to thwart merit principles;
                      (ix) temporary, provisional, or other noncareer service appointments, which may not be used
                  as a way of defeating the purpose of the career service and may not exceed 90 days, with the period
                  extendable for a period not to exceed an additional 90 days for good cause;
                      (x) lists of [eligibles] eligible applicants normally to be used, if available, for filling
                  temporary positions, and short term emergency appointments to be made without regard to the other
                  provisions of law to provide for maintenance of essential services in an emergency situation where
                  normal procedures are not practical, these emergency appointments not to exceed 90 days, with that
                  period extendable for a period not to exceed an additional 90 days for good cause;
                      (xi) promotion and career ladder advancement of employees to higher level positions and

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                  assurance that all persons promoted are qualified for the position;
                      (xii) recognition of the equivalency of other merit processes by waiving, at the discretion of
                  the director, the open competitive examination for placement in the career service positions of those
                  who were originally selected through a competitive examination process in another governmental
                  entity, the individual in those cases, to serve a probationary period;
                      (xiii) preparation, maintenance, and revision of a position classification plan for all positions
                  in the career service, based upon similarity of duties performed and responsibilities assumed, so that
                  the same qualifications may reasonably be required for, and the same schedule of pay may be
                  equitably applied to, all positions in the same class, the compensation plan, in order to maintain a
                  high quality public work force, to take into account the responsibility and difficulty of the work, the
                  comparative pay and benefits needed to compete in the labor market and to stay in proper alignment
                  with other similar governmental units, and other factors;
                      (xiv) keeping records of performance on all employees in the career service and requiring
                  consideration of performance records in determining salary increases, any benefits for meritorious
                  service, promotions, the order of layoffs and reinstatements, demotions, discharges, and transfers;
                      (xv) establishment of a plan governing layoffs resulting from lack of funds or work,                   abolition
                  of positions, or material changes in duties or organization, and governing reemployment of persons
                  so laid off, taking into account with regard to layoffs and reemployment the relative ability, seniority,
                  and merit of each employee;
                      (xvi) establishment of a plan for resolving employee grievances and complaints with final
                  and binding decisions;
                      (xvii) establishment of disciplinary measures such as suspension, demotion in rank or grade,
                  or discharge, such measures to provide for presentation of charges, hearing rights, and appeals for
                  all permanent employees in the career service to the career service council;
                      (xviii) establishment of a procedure for employee development and improvement of poor
                  performance;
                      (xix) establishment of hours of work, holidays, and attendance requirements in various
                  classes of positions in the career service;

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                      (xx) establishment and publicizing of fringe benefits such as insurance, retirement, and leave
                  programs; and
                      (xxi) any other requirements not inconsistent with this law that are proper for its
                  enforcement.
                      Section 50. Section 17-33-7 is amended to read:
                       17-33-7. Functions of county office of personnel management -- Personnel functions
                  of county agencies, departments, or offices.
                      (1) (a) The county office of personnel management shall perform the functions required by
                  this Subsection (1).
                      (b) The county executive, county legislative body, and county office of personnel
                  management may not delegate those functions to a separate county agency, office, or department.
                      (c) The county office of personnel management shall:
                      (i) design and administer a county pay plan that includes salaries, wages, incentives,
                  bonuses, leave, insurance, retirement, and other benefits;
                      (ii) design and administer the county classification plan and grade allocation system,
                  including final decisions on position classification and grade allocation;
                      (iii) conduct position classification studies, including periodic desk audits, except that an
                  agency, department, or office may submit classification recommendations to the county office of
                  personnel management;
                      (iv) maintain registers of publicly recruited applicants and certification of top-ranking
                  eligible applicants;
                      (v) monitor county agency, department, or office personnel practices to determine
                  compliance with equal opportunity and affirmative action guidelines; and
                      (vi) maintain central personnel records.
                      (d) The county legislative body may approve, amend, or reject the pay plan.
                      (2) County agencies, departments, or offices shall:
                      (a) establish initial job descriptions;
                      (b) recommend position classifications and grade allocations;

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                      (c) make final selections for appointments and promotions to vacant positions;
                      (d) conduct performance evaluations;
                      (e) discipline employees; and
                      (f) perform other functions approved by the [legislative body] county executive, and agreed
                  to by the county agency, office, or department.
                      Section 51. Section 17-33-8 is amended to read:
                       17-33-8. Career service -- Exempt positions.
                      The career service shall be a permanent service to which this law shall apply and shall
                  comprise all tenured positions in the public service now existing or hereafter established, except the
                  following:
                      (1) The county executive, members of the county legislative body, other elected officials,
                  and major department heads charged directly by the county legislative body, or by a board appointed
                  by the county legislative body, with the responsibility of assisting in the formulation and carrying
                  out of matters of policy; and if it is sought that any position which differs from its present status be
                  exempted or tenured after the effective date of this act, a public hearing on the proposed exemption
                  or tenure shall be held upon due notice and the concurrence of the council.
                      (2) One confidential secretary for each elected county officer and major department head if
                  one is assigned.
                      (3) An administrative assistant to the county executive, each member of the county
                  legislative body, and to each elected official, if one is assigned.
                      (4) The duly appointed chief deputy [or] of any elected county officer who would take over
                  and discharge the duties of the elected county officer in the absence or disability of the originally
                  responsible officer.
                      (5) Persons employed to make or conduct a temporary and special inquiry, investigation, or
                  examination on behalf of the county legislative body or one of its [committee] committees.
                      (6) Noncareer employees compensated for their services on a seasonal or contractual basis
                  who are hired on emergency or seasonal appointment basis, as approved by the council, and
                  provisional or part-time employees as defined by the county's policies and procedures or its rules and

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                  regulations.
                      (7) Positions which by their nature -- confidential or key policy-determining or both --
                  cannot or should not be appropriately included in the career service. All positions designated as
                  being exempt under this subsection shall be listed in the rules and regulations promulgated under this
                  act by job title and department, office or agency, and any change in exempt status shall constitute
                  an amendment to the rules and regulations.
                      Section 52. Section 17-36-3 is amended to read:
                       17-36-3. Definitions.
                      As used in this chapter:
                      (1) "Accrual basis of accounting" means a method where revenues are recorded when earned
                  and expenditures recorded when they become liabilities notwithstanding that the receipt of the
                  revenue or payment of the expenditure may take place in another accounting period.
                      (2) "Appropriation" means an allocation of money for a specific purpose.
                      (3) (a) "Budget" means a plan for financial operations for a fiscal period, embodying
                  estimates for proposed expenditures for given purposes and the means of financing the expenditures.
                      (b) "Budget" may refer to the budget of a fund for which a budget is required by law, or
                  collectively to the budgets for all those funds.
                      (4) "Budgetary fund" means a fund for which a budget is required, such as those described
                  in Section 17-36-8 .
                      (5) "Budget officer" means the county auditor, county clerk, or county executive as provided
                  in [Section] Subsection 17-19-19 (1).
                      (6) "Budget period" means the fiscal period for which a budget is prepared.
                      (7) "Check" means an order in a specific amount drawn upon the depositary by any
                  authorized officer in accordance with Section 17-19-3 or 17-24-1 .
                      (8) "Countywide service" means a service provided in both incorporated and unincorporated
                  areas of a county.
                      (9) "Current period" means the fiscal period in which a budget is prepared and adopted.
                      (10) "Department" means any functional unit within a fund which carries on a specific

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                  activity.
                      (11) "Encumbrance system" means a method of budgetary control where part of an
                  appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase
                  orders, contracts, or salary commitments to an appropriation account. An expenditure ceases to be
                  an encumbrance when paid or when the actual liability is entered in the books of account.
                      (12) "Estimated revenue" means any revenue estimated to be received during the budget
                  period in any fund for which a budget is prepared.
                      (13) "Fiscal period" means the annual or biennial period for recording county fiscal
                  operations.
                      (14) "Fund" means an independent fiscal and accounting entity comprised of a sum of money
                  or other resources segregated for a specific purpose or objective.
                      (15) "Fund balance" means the excess of the assets over liabilities, reserves, and
                  contributions, as reflected by its books of account.
                      (16) "Fund deficit" means the excess of liabilities, reserves, and contributions over its assets,
                  as reflected by its books of account.
                      (17) "General Fund" means the fund used to account for all receipts, disbursements, assets,
                  liabilities, reserves, fund balances, revenues, and expenditures not required to be accounted for in
                  other funds.
                      (18) "Interfund loan" means a loan of cash from one fund to another, subject to future
                  repayment; but it does not constitute an expenditure or a use of retained earnings, fund balance, or
                  unappropriated surplus of the lending fund.
                      (19) "Last completed fiscal period" means the fiscal period next preceding the current period.
                      (20) "Modified accrual basis of accounting" means a method under which expenditures other
                  than accrued interest on general long-term debt are recorded at the time liabilities are incurred and
                  revenues are recorded when they become measurable and available to finance expenditures of the
                  current period.
                      (21) "Municipal capital project" means the acquisition, construction, or improvement of
                  capital assets that facilitate providing municipal service.

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                      (22) "Municipal service" means a service not provided on a countywide basis and not
                  accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation
                  water retail service, water conservation, local parks, sewers, sewage treatment and disposal,
                  cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local streets
                  and roads, curb, gutter, and sidewalk maintenance, and ambulance service.
                      (23) "Retained earnings" means that part of the net earnings retained by an enterprise or
                  internal service fund which is not segregated or reserved for any specific purpose.
                      (24) "Special fund" means any fund other than the General Fund, such as those described
                  in Section 17-36-6 .
                      (25) "Unappropriated surplus" means that part of a fund which is not appropriated for an
                  ensuing budget period.
                      (26) "Warrant" means an order in a specific amount drawn upon the treasurer by the auditor.
                      Section 53. Section 17-50-402 is amended to read:
                       17-50-402. Payment or rejection of claims.
                      (1) If the county executive finds that any claim presented is not payable by the county or is
                  not a proper county charge, the county executive shall reject the claim.
                      (2) (a) If the claim is found to be a proper county charge, but greater in amount than is justly
                  due, the county executive may allow the claim in part and may order a warrant drawn for the portion
                  allowed.
                      (b) If the claimant is unwilling to receive the amount in full payment, the county executive
                  may again consider the claim.
                      (3) No claim may be paid if paying the claim would exceed the current unencumbered funds.
                      Section 54. Section 17-52-101 is amended to read:
                       17-52-101. Definitions.
                      As used in this chapter:
                      (1) "Appointment council" means a group of persons consisting of:
                      [(a) the governor or the governor's designee;]
                      [(b) the speaker of the House of Representatives or the speaker's designee;]

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                      [(c) the president of the Senate or the president's designee;]
                      (a) a resident of the county in which the optional plan is proposed, designated by a majority
                  of all state senators and representatives whose districts include any part of the county in which the
                  optional plan is proposed;
                      [(d)] (b) a resident of the county in which the optional plan is proposed, designated by the
                  county legislative body;
                      [(e)] (c) a resident of the county in which the optional plan is proposed, designated by
                  [majority vote of the mayors of all cities and towns in the county in which the optional plan is
                  proposed] the petition sponsors; and
                      [(f) four] (d) two other residents of the county in which the optional plan is proposed,
                  designated by majority vote of the [five] three other members of the appointment council.
                      (2) "Optional plan" means a plan establishing an alternate form of government for a county
                  as provided in Section 17-52-401 .
                      (3) "Reasonable notice" means, at a minimum:
                      (a) (i) publication in a newspaper of general circulation within the county at least once a
                  week for at least two consecutive weeks ending no more than ten and no fewer than three days before
                  the event that is the subject of the notice; or
                      (ii) if there is no newspaper of general circulation within the county, posting at least one
                  notice per 1,000 population within the county, for at least a week ending no more than three days
                  before the event that is the subject of the notice, at locations throughout the county that are most
                  likely to give actual notice to county residents; and
                      (b) if the county has an Internet home page, posting an electronic notice on the Internet for
                  at least seven days immediately before the event that is the subject of the notice.
                      (4) "Study committee" means a group of persons:
                      [(a) (i) elected pursuant to a resolution adopted under Subsection 17-52-202 (3)(a) or
                  17-52-203 (3)(d)(i)(B) in which the county legislative body specifies that the members should be
                  elected; or]
                      [(ii)] (a) appointed under Section 17-52-301 ; and

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                      (b) charged with the duties provided in Section 17-52-303 .
                      Section 55. Section 17-52-102 is amended to read:
                       17-52-102. Forms of county government -- County commission form required unless
                  another is adopted.
                      (1) Each county shall operate under one of the following forms of county government:
                      (a) the county commission form under Section 17-52-501 ;
                      (b) the expanded county commission form under Section 17-52-502 ;
                      [(c) the executive and chief administrative officer-council form under Section 17-52-503 ;]
                      [(d)] (c) the county executive and council form under Section 17-52-504 ; or
                      [(e)] (d) the council-manager form under Section 17-52-505 [; or].
                      [(f) the council and county administrative officer form under Section 17-52-506 .]
                      (2) Unless it adopts another form of government as provided in this chapter, each county
                  shall operate under the county commission form of government under Section 17-52-501 .
                      Section 56. Section 17-52-201 is amended to read:
                       17-52-201. Procedure for initiating adoption of optional plan -- Limitations -- Pending
                  proceedings.
                      (1) An optional plan proposing an alternate form of government for a county may be adopted
                  as provided in this chapter.
                      (2) The process to adopt an optional plan establishing an alternate form of county
                  government may be initiated by:
                      (a) the county legislative body as provided in Section 17-52-202 ; or
                      (b) registered voters of the county as provided in Section 17-52-203 .
                      (3) (a) If the process to adopt an optional plan has been initiated under Chapter 26, Laws of
                  Utah 1973, Section 3, 4, or 5, or Section 17-52-202 or 17-52-203 , the county legislative body may
                  not initiate the process again under Section 17-52-202 unless the earlier proceeding:
                      [(i) has been concluded by the county legislative body rejecting the optional plan;]
                      [(ii)] (i) has been concluded by an affirmative or negative vote of registered voters; or
                      [(iii)] (ii) has not been concluded but has been pending for at least two years.

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                      (b) A county legislative body may not initiate the process to adopt an optional plan under
                  Section 17-52-202 within four years of an election at which voters approved or rejected an optional
                  plan proposed as a result of a process initiated by the county legislative body.
                      (c) Registered voters of a county may not initiate the process to adopt an optional plan under
                  Section 17-52-203 within four years of an election at which voters approved or rejected an optional
                  plan proposed as a result of a process initiated by registered voters.
                      Section 57. Section 17-52-202 is amended to read:
                       17-52-202. County legislative body initiation of adoption of optional plan -- Procedure.
                      (1) A county legislative body may initiate the process of adopting an optional plan by[: (a)
                  adopting a resolution of intent as provided in Subsection (2)(a); (b)] adopting a resolution to submit
                  to the voters the question of whether a study committee should be established as provided in
                  [Subsection (3)(a); or] Section 17-52-301 .
                      [(c) adopting a resolution to approve the establishment of a study committee as provided in
                  Subsection (4)(a).]
                      [(2) (a) A county legislative body may adopt a resolution indicating its intent to propose the
                  adoption of an optional plan.]
                      [(b) Each resolution under Subsection (2)(a) shall:]
                      [(i) contain a general description of the proposed optional plan;]
                      [(ii) set a public hearing or series of public hearings on the proposed optional plan; and]
                      [(iii) require that reasonable notice be given of the public hearing or series of public
                  hearings.]
                      [(c) A county legislative body may appoint an advisory committee to assist it in preparing
                  the optional plan that the county legislative body intends to propose for adoption.]
                      [(d) Each county legislative body adopting a resolution under Subsection (2)(a) shall:]
                      [(i) hold a public hearing or series of public hearings, as the county legislative body
                  determines, on the proposed optional plan beginning no less than 15 days after adoption of the
                  resolution;]
                      [(ii) beginning the day after the resolution is adopted, maintain at least three complete copies

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                  of the proposed optional plan at the office of the county clerk for inspection and copying by the
                  public; and]
                      [(iii) in each notice or publication of the public hearing or series of public hearings, refer to
                  the complete proposed optional plan and its availability for inspection and copying in the county
                  clerk's office.]
                      [(e) (i) At the conclusion of the public hearing or series of hearings required under
                  Subsection (2)(d)(i), a county legislative body may adopt a resolution recommending the adoption
                  of the proposed optional plan by registered voters.]
                      [(ii) Before adopting a resolution under Subsection (2)(e)(i), a county legislative body may
                  modify the proposed optional plan.]
                      [(iii) Each resolution under Subsection (2)(e)(i) shall provide for submitting the proposed
                  optional plan to the voters at an election held under Section 17-52-206 .]
                      [(f) Failure to adopt a resolution under Subsection (2)(e)(i) within six months of the adoption
                  of a resolution under Subsection (2)(a) shall be considered a rejection of the proposed optional plan.]
                      [(g) A county legislative body may reconsider its action in proposing an optional plan under
                  this Subsection (2) and terminate the process to adopt the optional plan if the reconsideration and
                  termination occur:]
                      [(i) within six months after the adoption of a resolution under Subsection (2)(e)(i); and]
                      [(ii) no later than six months before the date on which an election under Section 17-52-206
                  is scheduled.]
                      [(3) (a) As an alternative to the procedure under Subsection (2), a county legislative body
                  may adopt a resolution to submit to the registered voters of the county the question of whether a
                  study committee should be established.]
                      [(b)] (2) Each resolution adopted under Subsection [(3)(a)] (1) shall[: (i)] require the
                  question to be submitted to the registered voters of the county [at a general or special] on one of the
                  election dates specified in Subsection 20A-1-204 (1)(a), as the county legislative body determines,
                  no less than 90 days and no more than 180 days after adoption of the resolution under Subsection
                  [(3)(a);] (1).

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                      [(ii) specify the number of members of the proposed study committee, subject to Subsection
                  17-52-303 (1)(a), and whether the members are to be elected or appointed; and]
                      [(iii) if the members are to be elected, provide procedures for the nonpartisan nomination
                  of the members of the proposed study committee and their nonpartisan election at the same election
                  at which the question of the establishment of the study committee is submitted.]
                      [(c) If the members of the proposed study committee are to be appointed, their appointment
                  shall be governed by Section 17-52-301 .]
                      [(4) (a) As an alternative to the procedures under Subsections (2) and (3), a county                   legislative
                  body may adopt a resolution approving the establishment of a study committee with appointed
                  members.]
                      [(b) Each resolution under Subsection (4)(a) shall:]
                      [(i) specify the number of members of the study committee, subject to Subsection
                  17-52-303 (1)(a); and]
                      [(ii) provide for the appointment of the members as provided in Section 17-52-301 .]
                      Section 58. Section 17-52-203 is amended to read:
                       17-52-203. Registered voter initiation of adoption of optional plan -- Procedure.
                      (1) Registered voters of a county may initiate the process of adopting an optional plan by[:]
                  filing a petition for the establishment of a study committee as provided in Section 17-52-301 .
                      [(a) filing copies of a proposed optional plan, as provided in Subsection (2)(c), in
                  anticipation of filing a petition under Subsection (2)(a); or]
                      [(b) filing a petition under Subsection (3).]
                      [(2) (a) Registered voters of a county may file a petition requiring the county legislative body
                  to submit a proposed optional plan to the registered voters of the county.]
                      [(b) Each petition under Subsection (2)(a) shall:]
                      [(i) be signed by registered voters residing in the county equal in number to at least 15% of
                  the total number of votes cast in the county at the most recent election for governor;]
                      [(ii) contain a general description of the proposed optional plan;]
                      [(iii) indicate that a complete copy of the proposed optional plan is available for inspection

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                  and copying at the county clerk's office;]
                      [(iv) designate up to five of the petition signers as sponsors, one of whom shall be designated
                  as the contact sponsor, with the mailing address and telephone number of each; and]
                      [(v) be filed in the office of the clerk of the county in which the petition signers reside.]
                      [(c) Before circulating a petition under Subsection (2)(a) for signature, the petition sponsors
                  shall file with the county clerk at least three complete copies of the proposed optional plan that is
                  the subject of the petition.]
                      [(d) A county legislative body may not alter an optional plan proposed under this Subsection
                  (2).]
                      [(e) Within 30 days after the county clerk's receipt of the attorney general statement under
                  Section 17-52-204 with respect to a petition certified under Subsection (4)(a)(ii)(A), each county
                  legislative body shall establish the date for an election to be held as provided under Section
                  17-52-206 .]
                      [(3) (a) Registered voters of a county may file a petition requiring the county legislative body
                  to adopt a resolution for the establishment of a study committee.]
                      [(b)] (2) Each petition under Subsection [(3)(a)] (1) shall:
                      [(i) request the county legislative body to choose between:]
                      [(A) adopting a resolution that establishes a study committee with members appointed under
                  Section 17-52-301 ; or]
                      [(B) adopting a resolution submitting to the county's registered voters the question of
                  whether a study committee should be established;]
                      [(ii)] (a) be signed by registered voters residing in the county equal in number to at least 10%
                  of the total number of votes cast in the county at the most recent election for governor;
                      [(iii)] (b) designate up to five of the petition signers as sponsors, one of whom shall be
                  designated as the contact sponsor, with the mailing address and telephone number of each; and
                      [(iv)] (c) be filed in the office of the clerk of the county in which the petition signers reside.
                      [(c) (i) Within 90 days of the certification of the petition under Subsection (4)(a)(ii)(A), the
                  county legislative body shall hold a public hearing or series of public hearings, as the county

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                  legislative body determines, on the petition.]
                      [(ii) The county legislative body shall give reasonable notice of the public hearing or series
                  of public hearings under Subsection (3)(c)(i).]
                      [(d) (i) At the conclusion of the public hearing or series of public hearings required under
                  Subsection (3)(c)(i), the county legislative body shall:]
                      [(A) adopt a resolution approving the establishment of a study committee with members
                  appointed under Section 17-52-301 and specifying the number of members to be appointed, subject
                  to Subsection 17-52-303 (1)(a); or]
                      [(B) adopt a resolution submitting to the county's registered voters the question of whether
                  a study committee under Section 17-52-301 should be established.]
                      [(ii) Each resolution under Subsection (3)(d)(i)(B) shall comply with the requirements of
                  Subsection 17-52-202 (3)(b).]
                      [(4)] (3) (a) Within 30 days of the filing of a petition under Subsection [(2)(a) or (3)(a)] (1)
                  or an amended or supplemental petition under Subsection [(4)] (2)(b), the county clerk shall:
                      (i) determine whether the petition or amended or supplemental petition has been signed by
                  the required number of registered voters; and
                      (ii) (A) if so:
                      (I) certify the petition or amended or supplemental petition and deliver it to the county
                  legislative body; and
                      (II) notify in writing the contact sponsor of the certification; or
                      (B) if not, reject the petition or the amended or supplemental petition and notify in writing
                  the county legislative body and the contact sponsor of the rejection and the reasons for the rejection.
                      (b) If a county clerk rejects a petition or an amended or supplemental petition under
                  Subsection [(4)] (2)(a)(ii)(B), the petition may be amended or supplemented or an amended or
                  supplemental petition may be further amended or supplemented with additional signatures and
                  refiled within 20 days of the date of rejection.
                      [(5)] (4) With the unanimous approval of petition sponsors, a petition filed under Subsection
                  [(2)(a) or (3)] (1) may be withdrawn at any time within 90 days after petition certification but no                   later

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                  than 45 days before an election under Section 17-52-206 [or Subsection (3)(d)(i)(B)] if:
                      (a) the petition notified signers in conspicuous language that the petition sponsors are
                  authorized to withdraw the petition; and
                      (b) there are at least three sponsors of the petition.
                      Section 59. Section 17-52-203.5 is enacted to read:
                      17-52-203.5. Election to determine whether study committee should be established.
                      (1) The county legislative body shall hold an election under this section if:
                      (a) the county legislative body adopts a resolution under Subsection 17-52-202 (1); or
                      (b) a petition filed under Subsection 17-52-203 (1) is certified by the county clerk under
                  Subsection 17-52-203 (3).
                      (2) Each election under Subsection (1) shall be held on one of the election dates specified
                  in Subsection 20A-1-204 (1)(a), as the county legislative body determines, no less than 90 days and
                  no more than 180 days after, as the case may be:
                      (a) adoption of a resolution under Subsection 17-52-202 (1); or
                      (b) certification of a petition under Subsection 17-52-203 (3).
                      (3) The county clerk shall prepare the ballot for each election under Subsection (1) with a
                  question that asks substantially as follows:
                      "Shall a study committee be appointed to consider and possibly recommend a change in the
                  form of government of _________________________ County?"
                      Section 60. Section 17-52-204 is amended to read:
                       17-52-204. County or district attorney review of proposed optional plan -- Conflict
                  with statutory or constitutional provisions -- Processing of optional plan after attorney review.
                      (1) [The] Within ten days after the study committee submits its report under Subsection
                  17-52-303 (3)(d) to the county legislative body recommending a change in the form of county
                  government, the county clerk shall send to the county attorney [general] of the county in which the
                  optional plan is proposed or, if the county does not have a county attorney, to the district attorney
                  a copy of each [proposed] optional plan [within ten days after:] recommended by the study
                  committee in its report under Subsection 17-52-303 (3)(d).

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                      [(a) for an optional plan proposed in a resolution adopted under Subsection 17-52-202 (2)(e),
                  adoption of the resolution;]
                      [(b) for an optional plan proposed by registered voters under Section 17-52-203 :]
                      [(i) the filing of a request for attorney general review under Subsection (6); or]
                      [(ii) if the optional plan has not already been reviewed by the attorney general pursuant to
                  a request under Subsection (6), certification of a petition under Subsection 17-52-203 (4)(a)(ii)(A).]
                      (2) Within 45 days after receipt of the [proposed] recommended optional plan from the
                  county clerk under Subsection (1), the county or district attorney [general] shall send a written report
                  to the county clerk containing the information required under Subsection (3).
                      (3) Each report from the county or district attorney [general] under Subsection (2) shall:
                      (a) state the [attorney general's] attorney's opinion as to whether implementation of the
                  optional plan as [proposed] prepared by the study committee would result in a violation of any
                  applicable statutory or constitutional provision;
                      (b) if the attorney [general] concludes that a violation would result:
                      (i) identify specifically each statutory or constitutional provision that would be violated by
                  implementation of the optional plan as [proposed] prepared by the study committee;
                      (ii) identify specifically each provision or feature of the proposed optional plan that would
                  result in a statutory or constitutional violation if the plan is implemented as [proposed] prepared by
                  the study committee;
                      (iii) state whether, in the [attorney general's] attorney's opinion, any of the provisions or
                  features identified in Subsection (3)(b)(ii) are so integral to the proposed optional plan that having
                  previously changed the specified provision or feature to avoid the violation would have affected the
                  decision of a [legislative body member or] study committee member who favored the proposed
                  optional plan [or a reasonable petitioner who signed a petition proposing the optional plan]; and
                      (iv) if all the provisions or features identified in Subsection (3)(b)(ii) do not meet the
                  standard of Subsection (3)(b)(iii), recommend how the proposed optional plan may be [amended]
                  modified to avoid the statutory or constitutional violation.
                      (4) (a) If the [attorney general's] attorney's statement under Subsection (3) identifies

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                  provisions or features under Subsection (3)(b)(ii) that meet the standard of Subsection (3)(b)(iii), the
                  proposed optional plan may not be [presented to the voters under Section 17-52-206 ] the
                  subject of a resolution or petition under Subsection 17-52-206 (1), except that[: (i) for an optional
                  plan proposed by a resolution under Subsection 17-52-202 (2)(e), the county legislative body may
                  amend the optional plan to avoid the violation and then adopt a new resolution under Subsection
                  17-52-202 (2)(e) that shall be treated as any other resolution under that subsection; and (ii) for an
                  optional plan proposed in a study committee report under Subsection 17-52-303 (3)(d),] the study
                  committee may [amend] modify the optional plan to avoid the violation and then [adopt] file a new
                  report under Subsection 17-52-303 (3)(d) that will be treated as any other report under that
                  subsection.
                      (b) [(i)] If the [attorney general's] attorney's statement under Subsection (3) identifies
                  provisions or features under Subsection (3)(b)(ii) that do not meet the standard of Subsection
                  (3)(b)(iii), the optional plan may be [amended] modified by the study committee to avoid the
                  statutory or constitutional violations and then[:] be the subject of a resolution or petition under
                  Subsection 17-52-206(1).
                      [(A) submitted to the voters at an election under Section 17-52-206 , if the optional plan is
                  proposed in a resolution adopted under Subsection 17-52-202 (2)(e), a petition that has been certified
                  under Subsection 17-52-203 (4)(a)(ii)(A), or a study committee report filed under Subsection
                  17-52-303 (3)(d); or]
                      [(B) the subject of a petition that is circulated for signatures under Subsection 17-52-203 (2),
                  if the attorney general's statement results from a request under Subsection (6).]
                      [(ii) Each amendment to an optional plan under Subsection (4)(b)(i) shall be made by:]
                      [(A) for an optional plan proposed in a resolution adopted under Subsection 17-52-202 (2)(e),
                  the county legislative body;]
                      [(B) for an optional plan proposed in a petition under Section 17-52-203 , the petition
                  sponsors; and]
                      [(C) for an optional plan proposed in a study committee report filed under Subsection
                  17-52-303 (3)(d), the study committee.]

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                      (5) If the [attorney general's] attorney's statement under Subsection (3) does not identify any
                  provisions or features of the proposed optional plan that, if implemented, would violate a statutory
                  or constitutional provision, the proposed optional plan may be[:] the subject of a resolution or
                  petition under Subsection 17-52-206 (1).
                      [(a) submitted to the voters at an election under Section 17-52-206 , if the optional plan is
                  proposed in a resolution adopted under Subsection 17-52-202 (2)(e), a petition that has been certified
                  under Subsection 17-52-203 (4)(a)(ii)(A), or a study committee report filed under Subsection
                  17-52-303 (3)(d); or]
                      [(b) the subject of a petition that is circulated for signatures under Subsection 17-52-203 (2),
                  if the attorney general's statement results from a request under Subsection (6).]
                      [(6) The attorney general review required under this section for each proposed optional plan
                  may be obtained in conjunction with the filing of a proposed optional plan under Subsection
                  17-52-203 (1)(a) by filing a request for attorney general review signed by at least 100 registered
                  voters residing in the county.]
                      Section 61. Section 17-52-205 is amended to read:
                       17-52-205. Voter information pamphlet.
                      (1) In anticipation of an election under Section 17-52-206 , the county [legislative body] clerk
                  may prepare a voter information pamphlet to inform the public of the proposed optional plan.
                      (2) In preparing a voter information pamphlet under this section, the county [legislative
                  body] clerk may:
                      (a) allow proponents and opponents of the proposed optional plan to provide written
                  statements to be included in the pamphlet; and
                      (b) use as a guideline the provisions of Title 20A, Chapter 7, Part 7, Voter Information
                  Pamphlet.
                      (3) Each county [legislative body] clerk preparing a voter information pamphlet under this
                  section shall cause the publication and distribution of the pamphlet in a manner determined by the
                  county [legislative body] clerk to be adequate.
                      Section 62. Section 17-52-206 is amended to read:

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                       17-52-206. Election on recommended optional plan -- Resolution or petition to submit
                  plan to voters.
                      (1) (a) [Subject to Section 17-52-204 , the] The county legislative body shall hold an election
                  [if] on an optional plan [is proposed: (a) by a resolution adopted under Subsection 17-52-202 (2)(e);
                  (b) in a petition filed under Subsection 17-52-203 (2)(a) that is certified under Subsection
                  17-52-203 (4)(a)(ii)(A); or (c)] recommended in a study committee report filed under Subsection
                  17-52-303 (3)(d)[.] if:
                      (i) the county or district attorney has completed the review of the recommended optional
                  plan and has submitted the attorney's report to the county clerk as provided in Section 17-52-204 ;
                      (ii) the recommended optional plan may, under Subsection 17-52-204 (3), be the subject of
                  a resolution or petition under this Subsection (1); and
                      (iii) after the county or district attorney has submitted the attorney's report under Section
                  17-52-204 :
                      (A) the county legislative body adopts a resolution to submit the recommended optional plan
                  to voters; or
                      (B) a petition is filed with the county clerk that:
                      (I) is signed by registered voters residing in the county equal in number to at least 10% of
                  the total number of votes cast in the county at the most recent election for governor;
                      (II) designates up to five of the petition signers as sponsors, one of whom shall be designated
                  as the contact sponsor, with the mailing address and telephone number of each; and
                      (III) requests that the recommended optional plan be submitted to voters.
                      (b) The process for certifying a petition filed under Subsection (1)(a)(iii)(B) shall be the
                  same as that provided in Subsection 17-52-203 (3).
                      (2) Each election under Subsection (1) shall be held at the next regular general or municipal
                  general election date that is no less than two months after:
                      (a) the county [clerk's receipt of the attorney general statement under Section 17-52-204 .]
                  legislative body's adoption of a resolution under Subsection (1)(a)(iii)(A); or
                      (b) certification of a petition filed under Subsection (1)(a)(iii)(B).

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                      (3) The county [legislative body] clerk shall prepare the ballot for each election under
                  Subsection (1) so that the question on the ballot[: (a) clearly, accurately, and impartially presents
                  the proposition to be voted on; and (b) does not constitute an argument or create prejudice for or
                  against the proposition.] states substantially as follows:
                      "Shall ___________________ County adopt the alternate form of government known as the
                  __(insert the proposed form of government)___ that has been recommended by the study
                  committee?"
                      (4) The county [legislative body] clerk shall:
                      (a) cause the complete text of the proposed optional plan to be published in a newspaper of
                  general circulation within the county at least once during two different calendar weeks within the
                  30-day period immediately before the date of the election under Subsection (1); and
                      (b) make a complete copy of the optional plan and the study committee report available free
                  of charge to any member of the public who requests a copy[; and].
                      [(c) if the optional plan is proposed by a study committee report filed under Subsection
                  17-52-303 (3)(d), make a complete copy of the study committee's report available free of charge to
                  any member of the public who requests a copy.]
                      [(5) If an optional plan proposed as a result of a process initiated by the county legislative
                  body and an optional plan proposed as a result of a process initiated by registered voters are both
                  scheduled for the same election:]
                      [(a) both proposals shall appear on the same ballot;]
                      [(b) a voter may vote for or against each proposal; and]
                      [(c) if both proposals receive a majority vote of those voting, the proposal with more votes
                  shall prevail and the other shall be considered rejected.]
                      Section 63. Section 17-52-207 is amended to read:
                       17-52-207. Election of officers under optional plan.
                      If an optional plan is adopted by voters at an election under Section 17-52-206 , the elected
                  county officers specified in the plan shall be elected at the next regular general election following
                  the election under Section 17-52-206 , according to the procedure and schedule established under

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                  Title 20A, Election Code, for the election of county officers.
                      Section 64. Section 17-52-301 is amended to read:
                       17-52-301. Procedure for appointing members to study committee.
                      (1) Each [appointed] member of a study committee shall be appointed by an appointment
                  council as provided in this section.
                      (2) (a) The county [legislative body] executive shall convene a meeting of the [five] three
                  members of the appointment council referred to in Subsections 17-52-101 (1)(a), (b), and (c)[, (d),
                  and (e),] within ten days after[: (i) the adoption of a resolution under Subsection 17-52-202 (4)(a)
                  or 17-52-203 (3)(d)(i)(A); or (ii)] the canvass of an election [pursuant to a resolution adopted] under
                  [Subsection 17-52-202 (3)(a) or 17-52-203 (3)(d)(i)(B)] Section 17-52-203.5 if[: (A) the resolution
                  specified that study committee members would be appointed; and (B)] a majority of those voting
                  voted in favor of establishing a study committee.
                      (b) Within ten days of the convening of the first meeting under Subsection (2)(a), the [five]
                  three members of the appointment council shall designate the remaining [four] two members referred
                  to in Subsection 17-52-101 (1)[(f)](d).
                      (3) (a) Within 30 days of the designation of the remaining [four] two members under
                  Subsection (2)(b), the appointment council shall:
                      (i) appoint the members to the study committee; and
                      (ii) notify in writing the appointees, the county executive, and the county legislative body
                  of the appointments.
                      (b) In making appointments to the study committee, the appointment council shall work to
                  achieve a broadly representative membership.
                      (c) The appointment council may not appoint a person to the study committee unless that
                  person:
                      (i) is a registered voter in the county whose form of government will be studied by the study
                  committee; and
                      (ii) does not hold any public office or employment other than membership on the
                  appointment council.

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                      Section 65. Section 17-52-302 is amended to read:
                       17-52-302. Convening of first meeting of study committee.
                      The county [legislative body] executive shall convene the first meeting of the study
                  committee within ten days [of: (1)] after receipt of notification of the study committee members'
                  appointment under Subsection 17-52-301 (3)(a)[; or].
                      [(2) the canvass of an election at which study committee members were elected pursuant to
                  a resolution adopted under Subsection 17-52-202 (3)(a) or 17-52-203 (3)(d)(i)(B).]
                      Section 66. Section 17-52-303 is amended to read:
                       17-52-303. Study committee -- Members -- Powers and duties -- Report -- Services
                  provided by county.
                      (1) (a) Each study committee shall consist of at least seven but no more than 11 members.
                      (b) A member of a study committee may not receive compensation for service on the
                  committee.
                      (c) The county legislative body shall reimburse each member of a study committee for
                  necessary expenses incurred in performing the member's duties on the study committee.
                      (2) A study committee may:
                      (a) adopt rules for its own organization and procedure and to fill a vacancy in its
                  membership;
                      (b) establish advisory boards or committees and include on them persons who are not
                  members of the study committee; and
                      (c) request the assistance and advice of any officers or employees of any agency of state or
                  local government.
                      (3) Each study committee shall:
                      (a) study the form of government within the county and compare it with other forms
                  available under this chapter;
                      (b) determine whether the administration of local government in the county could be
                  strengthened, made more clearly responsive or accountable to the people, or significantly improved
                  in the interest of economy and efficiency by a change in the form of county government;

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                      (c) hold public hearings and community forums and other means the committee considers
                  appropriate to disseminate information and stimulate public discussion of the committee's purposes,
                  progress, and conclusions; and
                      (d) file a written report of its findings and recommendations with the county executive and
                  the county legislative body no later than one year after the convening of its first meeting under
                  Section 17-52-302 .
                      (4) Each study committee report under Subsection (3)(d) shall include:
                      (a) the study committee's recommendation as to whether the form of county government
                  should be changed to [an optional] another form authorized under this chapter;
                      (b) if the study committee recommends changing the form of government, a complete
                  detailed draft of a proposed plan to change the form of county government, including all necessary
                  implementing provisions; and
                      (c) any additional recommendations the study committee considers appropriate to improve
                  the efficiency and economy of the administration of local government within the county.
                      (5) (a) If the study committee's report recommends a change in the form of county
                  government, the study committee may conduct additional public hearings after filing the report under
                  Subsection (3)(d) and, following the hearings and subject to Subsection (5)(b), alter the report.
                      (b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration to
                  the report:
                      (i) that would recommend the adoption of an optional form different from that recommended
                  in the original report; or
                      (ii) within the 120-day period before the election under Section 17-52-206 .
                      (6) Each meeting held by the study committee shall be open to the public.
                      (7) The county legislative body shall provide for the study committee:
                      (a) suitable meeting facilities;
                      (b) necessary secretarial services;
                      (c) necessary printing and photocopying services;
                      (d) necessary clerical and staff assistance; and

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                      (e) adequate funds for the employment of independent legal counsel and professional
                  consultants that the study committee reasonably determines to be necessary to help the study
                  committee fulfill its duties.
                      Section 67. Section 17-52-401 is amended to read:
                       17-52-401. Contents of proposed optional plan.
                      (1) Each optional plan proposed under this chapter [shall]:
                      (a) shall propose the adoption of one of the forms of county government listed in Subsection
                  17-52-402 (1)(a);
                      (b) shall contain detailed provisions relating to the transition from the existing form of
                  county government to the form proposed in the optional plan, including provisions relating to the:
                      (i) election or appointment of officers specified in the optional plan for the new form of
                  county government;
                      (ii) [continuity] retention, elimination, or combining of existing offices and [officers], if an
                  office is eliminated, the division or department of county government responsible for performing the
                  duties of the eliminated office;
                      (iii) continuity of existing ordinances and regulations;
                      (iv) continuation of pending legislative, administrative, or judicial proceedings;
                      (v) making of interim and temporary appointments; and
                      (vi) preparation, approval, and adjustment of necessary budget appropriations; [and]
                      (c) shall specify the date it is to become effective if adopted, which shall not be earlier than
                  the first day of January next following the election of officers under the new plan; and
                      [(c)] (d) notwithstanding any other provision of this title and except with respect to an
                  optional plan that proposes the adoption of the county commission or expanded county commission
                  form of government, [provide that,] with respect to the county budget[,]:
                      (i) may provide that the county auditor's role is to be the budget officer [and], to project
                  county revenues, and to prepare a tentative budget to present to the county executive; and
                      (ii) shall provide that the county executive's role is to [propose the] prepare and present a
                  proposed budget to the county legislative body, and the county legislative body's role is to adopt [the]

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                  a final budget.
                      (2) Subject to Subsection (3), an optional plan may include provisions that are considered
                  necessary or advisable to the effective operation of the proposed optional plan.
                      (3) An optional plan may not include any provision that is inconsistent with or prohibited
                  by the Utah Constitution or any statute.
                      (4) Each optional plan proposing to change the form of government to a form under Section
                  17-52-503 , 17-52-504 , 17-52-505 , or 17-52-506 shall:
                      (a) provide for the same executive and legislative officers as are specified in the applicable
                  section for the form of government being proposed by the optional plan;
                      (b) provide for the election of the county council;
                      (c) specify the number of county council members, which shall be an odd number from three
                  to nine;
                      (d) specify whether the members of the county council are to be elected from districts, at
                  large, or by a combination of at large and by district;
                      (e) specify county council members' qualifications and terms and whether the terms are to
                  be staggered;
                      (f) contain procedures for filling vacancies on the county council, consistent with the
                  provisions of Section 20A-1-508 ; and
                      (g) state the initial compensation, if any, of county council members and procedures for
                  prescribing and changing compensation.
                      (5) Each optional plan proposing to change the form of government to the county
                  commission form under Section 17-52-501 or the expanded county commission form under Section
                  17-52-502 shall specify:
                      (a) (i) for the county commission form of government, that the county commission shall have
                  three members; or
                      (ii) for the expanded county commission form of government, whether the county
                  commission shall have five or seven members;
                      (b) the terms of office for county commission members and whether the terms are to be

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                  staggered;
                      (c) whether members of the county commission are to be elected from districts, at large, or
                  by a combination of at large and from districts; and
                      (d) if any members of the county commission are to be elected from districts, the district
                  residency requirements for those commission members.
                      Section 68. Section 17-52-402 is amended to read:
                       17-52-402. Plan may propose changing forms of county government -- Plan may
                  propose change of structural form.
                      (1) (a) Each optional plan shall propose changing the form of county government to:
                      (i) the county commission form under Section 17-52-501 ;
                      (ii) the expanded county commission form under Section 17-52-502 ;
                      [(iii) the executive and chief administrative officer-council form under Section 17-52-503 ;]
                      [(iv)] (iii) the county executive and council form under Section 17-52-504 ; or
                      [(v)] (iv) the council-manager form under Section 17-52-505 [; or].
                      [(vi) the council and county administrative officer form under Section 17-52-506 .]
                      (b) An optional plan adopted after May 1, 2000 may not:
                      (i) propose changing the form of government to a form not included in Subsection (1)(a);
                      (ii) provide for the nonpartisan election of elected officers;
                      (iii) impose a limit on the number of terms or years that an elected officer may serve; or
                      (iv) provide for elected officers to be subject to a recall election.
                      [(2) (a) If an optional plan proposes changing the form of county government to a form that
                  has a separate county executive, the county executive may be:]
                      [(i) an individual elected at large in the county; or]
                      [(ii) a county executive body consisting of at least three members, elected at large or by
                  district or a combination of both, as provided in the optional plan.]
                      [(b) An optional plan that proposes changing to a form of government with an executive
                  body, as provided in Subsection (2)(a)(ii), may divide the executive duties among the members of
                  the executive body.]

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                      [(3)] (2) In addition to proposing the adoption of any one of the optional forms of county
                  government under Subsection (1)(a), an optional plan may also propose the adoption of any one of
                  the structural forms of county government provided under Chapter 35b, Part 3, Structural Forms of
                  County Government.
                      Section 69. Section 17-52-403 is amended to read:
                       17-52-403. Adoption of optional plan -- Effect of adoption.
                      (1) If a proposed optional plan is approved at an election held under Section 17-52-206 :
                      (a) the proposed optional plan becomes effective according to its terms and, subject to
                  Subsection 17-52-401 (1)(c), at the time specified in it, is public record open to inspection by the
                  public, and is judicially noticeable by all courts;
                      (b) the county clerk shall, within ten days of the canvass of the election, file with the
                  lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct copy;
                      (c) all public officers and employees shall cooperate fully in making the transition between
                  forms of county government; and
                      (d) the county legislative body may enact and enforce necessary ordinances to bring about
                  an orderly transition to the new form of government, including any transfer of power, records,
                  documents, properties, assets, funds, liabilities, or personnel that are consistent with the approved
                  optional plan and necessary or convenient to place it into full effect.
                      (2) Adoption of an optional plan changing only the form of county government without
                  adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
                  Government, does not alter or affect the boundaries, organization, powers, duties, or functions of
                  any:
                      (a) school district;
                      (b) justice court;
                      (c) independent special district established under Title 17A, Chapter 2, Independent Special
                  Districts;
                      (d) city or town; or
                      (e) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal

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                  Cooperation Act.
                      (3) After the adoption of an optional plan, the county remains vested with all powers and
                  duties vested generally in counties by statute.
                      Section 70. Section 17-53-106 is enacted to read:
                      17-53-106. Supervision of county elected officers -- Legislative body and executive
                  may examine and audit accounts and conduct investigation.
                      (1) For purposes of this section, "professional duties" means a county elected officer's
                  functions, duties, and responsibilities specifically provided for by law and includes:
                      (a) the exercise of professional judgment and discretion reasonably related to the officer's
                  required functions, duties, and responsibilities; and
                      (b) the management of deputies and other employees under the supervision of the elected
                  officer under statute or county ordinance, policy, or regulation.
                      (2) (a) A county legislative body and a county executive each:
                      (i) may generally direct and supervise all elected county officers and employees to ensure
                  compliance with general county administrative ordinances, rules, or policies;
                      (ii) may not direct or supervise other elected county officers or their sworn deputies with
                  respect to the performance of the professional duties of the officers or deputies;
                      (iii) may examine and audit the accounts of all county officers having the care, management,
                  collection, or distribution of monies belonging to the county, appropriated to the county, or otherwise
                  available for the county's use and benefit; and
                      (iv) may investigate any matter pertaining to a county officer or to the county or its business
                  or affairs, and may require the attendance of witnesses and take evidence in any such investigation.
                      (b) In an investigation under Subsection (2)(a)(iv):
                      (i) the county executive or any member of the county legislative body may issue subpoenas
                  and administer oaths to witnesses; and
                      (ii) if the county legislative body issues subpoenas and appoints members of the legislative
                  body as a committee and confers on the committee power to hear or take evidence, the committee
                  shall have the same power as the full county legislative body.

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                      (3) Nothing in this section may be construed to prohibit the county executive or county
                  legislative body from initiating an action for removal or prosecution of an elected county officer as
                  provided by statute.
                      Section 71. Section 17-53-201 is amended to read:
                       17-53-201. General powers, duties, and functions of county legislative body.
                      (1) Except as expressly provided otherwise in statute, each county legislative body shall
                  exercise all legislative powers, have all legislative duties, and perform all legislative functions of the
                  county, including those enumerated in this part.
                      (2) A county legislative body may take any action required by law and necessary to the full
                  discharge of its duties, even though the action is not expressly authorized by statute.
                      Section 72. Section 17-53-301 is amended to read:
                       17-53-301. General powers, duties, and functions of county executive.
                      (1) The elected county executive is the chief executive [office] officer of the county.
                      (2) Except as expressly provided otherwise in statute and except as contrary to the powers,
                  duties, and functions of other county officers expressly provided for in Chapters 16, 17, 18, 19, 20,
                  21, 22, 23, and 24, each county executive shall exercise all executive powers, have all executive
                  duties, and perform all executive functions of the county, including those enumerated in this part.
                      (3) A county executive may take any action required by law and necessary to the full
                  discharge of the executive's duties, even though the action is not expressly authorized in statute.
                      Section 73. Section 17-53-302 is amended to read:
                       17-53-302. County executive duties.
                      Each county executive shall:
                      (1) exercise supervisory control over all functions of the executive branch of county
                  government;
                      (2) direct and organize the management of the county in a manner consistent with state law,
                  county ordinance, and the county's optional plan of county government;
                      (3) carry out programs and policies established by the county legislative body;
                      (4) faithfully ensure compliance with all applicable laws and county ordinances;

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                      (5) exercise supervisory and coordinating control over all departments of county
                  government;
                      (6) except as otherwise vested in the county legislative body by state law or by the optional
                  plan of county government, appoint, suspend, and remove the directors of all county departments
                  and all appointive officers of boards and commissions;
                      (7) except as otherwise delegated by statute to another county officer, exercise administrative
                  and auditing control over all funds and assets, tangible and intangible, of the county;
                      (8) except as otherwise delegated by statute to another county officer, supervise and direct
                  centralized budgeting, accounting, personnel management, purchasing, and other service functions
                  of the county;
                      (9) conduct planning studies and make recommendations to the county legislative body
                  relating to financial, administrative, procedural, and operational plans, programs, and improvements
                  in county government;
                      (10) maintain a continuing review of expenditures and of the effectiveness of departmental
                  budgetary controls;
                      (11) develop systems and procedures, not inconsistent with statute, for planning,
                  programming, budgeting, and accounting for all activities of the county;
                      (12) if the county executive is an elected county executive, exercise a power of veto over
                  ordinances enacted by the county legislative body, including an item veto upon budget
                  appropriations, in the manner provided by the optional plan of county government; [and]
                      (13) review, negotiate, approve, and execute contracts for the county, unless otherwise
                  provided by statute; and
                      [(13)] (14) perform all other functions and duties required of the executive by state law,
                  county ordinance, and the optional plan of county government.
                      Section 74. Section 17-53-315 is amended to read:
                       17-53-315. Actions -- Control and direction.
                      (1) (a) A county executive may control and direct the prosecution [and], defense, and
                  settlement of all lawsuits and other actions:

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                      (i) to which the county is a party[, and, when];
                      (ii) as to which the county may be required to pay the judgment or the costs of prosecution
                  or defense; or
                      (iii) as further provided by county ordinance.
                      (b) If necessary, the county executive may, upon the recommendation of the county or
                  district attorney or if required by court order, employ counsel to represent the county in the lawsuit
                  or other action or assist the county attorney or, in a county that does not have a county attorney, the
                  district attorney in conducting those [actions] lawsuits or any other [cases] actions where the county
                  attorney or district attorney, as the case may be, is authorized by law to act.
                      (2) If a lawsuit or other action is brought or prosecuted by another elected official or a board
                  or other entity of the county under a statutory duty, that other elected official, board, or other entity
                  may control and direct the lawsuit or other action, consistent with applicable law.
                      Section 75. Section 17-53-316 is enacted to read:
                      17-53-316. Executive orders.
                      (1) The county executive may issue an executive order to:
                      (a) establish an executive policy;
                      (b) implement an executive practice; or
                      (c) execute a legislative policy or ordinance, as provided by statute.
                      (2) An executive order may not:
                      (a) be inconsistent with county ordinances addressing or with policies established by the
                  county legislative body addressing the same subject as the executive order; or
                      (b) expand or narrow legislative action taken or legislative policy issued by the county
                  legislative body.
                      (3) Each executive order exercising supervisory power over other elected county officers
                  shall be consistent with the authority given the county executive under Section 17-53-106 .
                      Section 76. Section 17-53-317 is enacted to read:
                      17-53-317. Executive appointment with advice and consent of county legislative body.
                      The appointment of a person to fill a position on a board, committee, or similar body whose

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                  membership is appointed by the county shall be by the county executive, with the advice and consent
                  of the county legislative body.
                      Section 77. Section 20A-1-102 is amended to read:
                       20A-1-102. Definitions.
                      As used in this title:
                      (1) "Active voter" means a registered voter who has not been classified as an inactive voter
                  by the county clerk.
                      (2) "Automatic tabulating equipment" means apparatus that automatically examines and
                  counts votes recorded on paper ballots or ballot cards and tabulates the results.
                      (3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
                  votes and includes ballot cards, paper ballots, and secrecy envelopes.
                      (4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
                      (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain the
                  names of offices and candidates and statements of ballot propositions to be voted on and which are
                  used in conjunction with ballot cards.
                      (6) "Ballot proposition" means opinion questions specifically authorized by the Legislature,
                  constitutional amendments, initiatives, referenda, and judicial retention questions that are submitted
                  to the voters for their approval or rejection.
                      (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
                  20A-4-306 to canvass election returns.
                      (8) "Bond election" means an election held for the sole purpose of approving or rejecting the
                  proposed issuance of bonds by a government entity.
                      (9) "Book voter registration form" means voter registration forms contained in a bound book
                  that are used by election officers and registration agents to register persons to vote.
                      (10) "By-mail voter registration form" means a voter registration form designed to be
                  completed by the voter and mailed to the election officer.
                      (11) "Canvass" means the review of election returns and the official declaration of election
                  results by the board of canvassers.

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                      (12) "Canvassing judge" means an election judge designated to assist in counting ballots at
                  the canvass.
                      (13) "Convention" means the political party convention at which party officers and delegates
                  are selected.
                      (14) "Counting center" means one or more locations selected by the election officer in charge
                  of the election for the automatic counting of ballots.
                      (15) "Counting judge" means a judge designated to count the ballots during election day.
                      (16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201 to
                  witness the counting of ballots.
                      (17) "Counting room" means a suitable and convenient private place or room, immediately
                  adjoining the place where the election is being held, for use by the counting judges to count ballots
                  during election day.
                      (18) "County executive" [means:] has the meaning as provided in Subsection 68-3-12 (2).
                      [(a) the county commission in the county commission or expanded county commission form
                  of government established under Title 17, Chapter 52, Forms of County Government;]
                      [(b) the county executive in the county executive and chief administrative officer-council
                  optional form of government authorized by Section 17-52-503 ;]
                      [(c) the county executive in the county executive-council optional form of government
                  authorized by Section 17-52-504 ;]
                      [(d) the county council in the council-manager optional form of government authorized by
                  Section 17-52-505 ; and]
                      [(e) the county council in the council-county administrative officer optional form of
                  government authorized by Section 17-52-506 .]
                      (19) "County legislative body" [means:] has the meaning as provided in Subsection
                  68-3-12 (2).
                      [(a) the county commission in the county commission or expanded county commission form
                  of government established under Title 17, Chapter 52, Forms of County Government;]
                      [(b) the county council in the county executive and chief administrative officer-council

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                  optional form of government authorized by Section 17-52-503 ;]
                      [(c) the county council in the county executive-council optional form of government
                  authorized by Section 17-52-504 ;]
                      [(d) the county council in the council-manager optional form of government authorized by
                  Section 17-52-505 ; and]
                      [(e) the county council in the council-county administrative officer optional form of
                  government authorized by Section 17-52-506 .]
                      (20) "County officers" means those county officers that are required by law to be elected.
                      (21) "Election" means a regular general election, a municipal general election, a statewide
                  special election, a local special election, a regular primary election, a municipal primary election,
                  and a special district election.
                      (22) "Election cycle" means the period beginning on the first day persons are eligible to file
                  declarations of candidacy and ending when the canvass is completed.
                      (23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
                      (24) "Election officer" means:
                      (a) the lieutenant governor, for all statewide ballots;
                      (b) the county clerk or clerks for all county ballots and for certain special district and school
                  district ballots as provided in Section 20A-5-400.5 ;
                      (c) the municipal clerk for all municipal ballots and for certain special district and school
                  district ballots as provided in Section 20A-5-400.5 ; and
                      (d) the special district clerk or chief executive officer for all special district ballots that are
                  not part of a statewide, county, or municipal ballot.
                      (25) "Election official" means any election officer, election judge, or satellite registrar.
                      (26) "Election returns" includes the pollbook, all affidavits of registration, the military and
                  overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
                  absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
                  ballot disposition form, and the total votes cast form.
                      (27) "Electronic voting system" means a system in which a voting device is used in

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                  conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
                  tabulating equipment.
                      (28) "Inactive voter" means a registered voter who has been sent the notice required by
                  Section 20A-2-306 and who has failed to respond to that notice.
                      (29) "Inspecting poll watcher" means a person selected as provided in this title to witness
                  the receipt and safe deposit of voted and counted ballots.
                      (30) "Judicial office" means the office filled by any judicial officer.
                      (31) "Judicial officer" means any justice or judge of a court of record or any county court
                  judge.
                      (32) "Local election" means a regular municipal election, a local special election, a special
                  district election, and a bond election.
                      (33) "Local political subdivision" means a county, a municipality, a special district, or a local
                  school district.
                      (34) "Local special election" means a special election called by the governing body of a local
                  political subdivision in which all registered voters of the local political subdivision may vote.
                      (35) "Municipal executive" means:
                      (a) the city commission, city council, or town council in the traditional management
                  arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
                      (b) the mayor in the council-mayor optional form of government defined in Section
                  10-3-1209 ; and
                      (c) the manager in the council-manager optional form of government defined in Section
                  10-3-1209 .
                      (36) "Municipal general election" means the election held in municipalities and special
                  districts on the first Tuesday after the first Monday in November of each odd-numbered year for the
                  purposes established in Section 20A-1-202 .
                      (37) "Municipal legislative body" means:
                      (a) the city commission, city council, or town council in the traditional management
                  arrangement established by Title 10, Chapter 3, Part 1, Governing Body;

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                      (b) the municipal council in the council-mayor optional form of government defined in
                  Section 10-3-1209 ; and
                      (c) the municipal council in the council-manager optional form of government defined in
                  Section 10-3-1209 .
                      (38) "Municipal officers" means those municipal officers that are required by law to be
                  elected.
                      (39) "Municipal primary election" means an election held to nominate candidates for
                  municipal office.
                      (40) "Official ballot" means the ballots distributed by the election officer to the election
                  judges to be given to voters to record their votes.
                      (41) "Official endorsement" means:
                      (a) the information on the ballot that identifies:
                      (i) the ballot as an official ballot;
                      (ii) the date of the election; and
                      (iii) the facsimile signature of the election officer; and
                      (b) the information on the ballot stub that identifies:
                      (i) the election judge's initials; and
                      (ii) the ballot number.
                      (42) "Official register" means the book furnished election officials by the election officer
                  that contains the information required by Section 20A-5-401 .
                      (43) "Paper ballot" means a paper that contains:
                      (a) the names of offices and candidates and statements of ballot propositions to be voted on;
                  and
                      (b) spaces for the voter to record his vote for each office and for or against each ballot
                  proposition.
                      (44) "Political party" means an organization of registered voters that has qualified to
                  participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
                  Formation and Procedures.

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                      (45) "Polling place" means the building where residents of a voting precinct vote.
                      (46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
                  which the voter marks his choice.
                      (47) "Posting list" means a list of registered voters within a voting precinct.
                      (48) "Primary convention" means the political party conventions at which nominees for the
                  regular primary election are selected.
                      (49) "Protective counter" means a separate counter, which cannot be reset, that is built into
                  a voting machine and records the total number of movements of the operating lever.
                      (50) "Qualify" or "qualified" means to take the oath of office and begin performing the duties
                  of the position for which the person was elected.
                      (51) "Receiving judge" means the election judge that checks the voter's name in the official
                  register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
                  has voted.
                      (52) "Registration days" means the days designated in Section 20A-2-203 when a voter may
                  register to vote with a satellite registrar.
                      (53) "Registration form" means a book voter registration form and a by-mail voter
                  registration form.
                      (54) "Regular general election" means the election held throughout the state on the first
                  Tuesday after the first Monday in November of each even-numbered year for the purposes
                  established in Section 20A-1-201 .
                      (55) "Regular primary election" means the election on the fourth Tuesday of June of each
                  even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
                  nomination.
                      (56) "Resident" means a person who resides within a specific voting precinct in Utah.
                      (57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
                  distributed as provided in Section 20A-5-405 .
                      (58) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
                  voters and perform other duties.

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                      (59) "Scratch vote" means to mark or punch the straight party ticket and then mark or punch
                  the ballot for one or more candidates who are members of different political parties.
                      (60) "Secrecy envelope" means the envelope given to a voter along with the ballot into                   which
                  the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's vote.
                      (61) "Special district" means those local government entities created under the authority of
                  Title 17A.
                      (62) "Special district officers" means those special district officers that are required by law
                  to be elected.
                      (63) "Special election" means an election held as authorized by Section 20A-1-204 .
                      (64) "Spoiled ballot" means each ballot that:
                      (a) is spoiled by the voter;
                      (b) is unable to be voted because it was spoiled by the printer or the election judge; or
                      (c) lacks the official endorsement.
                      (65) "Statewide special election" means a special election called by the governor or the
                  Legislature in which all registered voters in Utah may vote.
                      (66) "Stub" means the detachable part of each ballot.
                      (67) "Substitute ballots" means replacement ballots provided by an election officer to the
                  election judges when the official ballots are lost or stolen.
                      (68) "Ticket" means each list of candidates for each political party or for each group of
                  petitioners.
                      (69) "Transfer case" means the sealed box used to transport voted ballots to the counting
                  center.
                      (70) "Vacancy" means the absence of a person to serve in any position created by statute,
                  whether that absence occurs because of death, disability, disqualification, resignation, or other cause.
                      (71) "Valid write-in candidate" means a candidate who has qualified as a write-in candidate
                  by following the procedures and requirements of this title.
                      (72) "Voter" means a person who meets the requirements for voting in an election, meets
                  the requirements of election registration, is registered to vote, and is listed in the official register

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                  book.
                      (73) "Voting area" means the area within six feet of the voting booths, voting machines, and
                  ballot box.
                      (74) "Voting booth" means the space or compartment within a polling place that is provided
                  for the preparation of ballots and includes the voting machine enclosure or curtain.
                      (75) "Voting device" means:
                      (a) an apparatus in which ballot cards are used in connection with a punch device for
                  piercing the ballots by the voter;
                      (b) a device for marking the ballots with ink or another substance; or
                      (c) any other method for recording votes on ballots so that the ballot may be tabulated by
                  means of automatic tabulating equipment.
                      (76) "Voting machine" means a machine designed for the sole purpose of recording and
                  tabulating votes cast by voters at an election.
                      (77) "Voting poll watcher" means a person appointed as provided in this title to witness the
                  distribution of ballots and the voting process.
                      (78) "Voting precinct" means the smallest voting unit established as provided by law within
                  which qualified voters vote at one polling place.
                      (79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting poll
                  watcher.
                      (80) "Western States Presidential Primary" means the election established in Title 20A,
                  Chapter 9, Part 8.
                      (81) "Write-in ballot" means a ballot containing any write-in votes.
                      (82) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
                  according to the procedures established in this title.
                      Section 78. Section 20A-6-302 is amended to read:
                       20A-6-302. Placement of candidates' names on paper ballots.
                      (1) Each election officer shall ensure, for paper ballots in regular general elections, that:
                      (a) except for candidates for state school board and local school boards:

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                      (i) each candidate is listed by party; and
                      (ii) candidates' surnames are listed in alphabetical order on the ballots when two or more
                  candidates' names are required to be listed on a ticket under the title of an office;
                      (b) the names of candidates for the State Board of Education are placed on the ballot as
                  certified by the lieutenant governor under Section 20A-14-105 ;
                      (c) if candidates for membership on a local board of education were selected in a regular
                  primary election, the name of the candidate who received the most votes in the regular primary
                  election is listed first on the ballot; and
                      (d) if candidates for membership on a local board of education were not selected in the
                  regular primary election, the names of the candidates are listed on the ballot in the order determined
                  by a lottery conducted by the county clerk.
                      (2) (a) The election officer may not allow the name of a candidate who dies or withdraws
                  before election day to be printed upon the ballots.
                      (b) If the ballots have already been printed, the election officer:
                      (i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a line
                  through the candidate's name before the ballots are delivered to voters; and
                      (ii) may not count any votes for that dead or withdrawn candidate.
                      (3) (a) When there is only one candidate for county attorney at the regular general election
                  in counties that have three or fewer registered voters of the county who are licensed active members
                  in good standing of the Utah State Bar, the county clerk shall cause that candidate's name and party
                  affiliation, if any, to be placed on a separate section of the ballot with the following question: "Shall
                  (name of candidate) be elected to the office of county attorney? Yes ____ No ____."
                      (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is elected
                  to the office of county attorney.
                      (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
                  elected and may not take office, nor may he continue in the office past the end of the term resulting
                  from any prior election or appointment.
                      (d) When the name of only one candidate for county attorney is printed on the ballot under

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                  authority of Subsection (3), the county clerk may not count any write-in votes received for the office
                  of county attorney.
                      (e) If no qualified person files for the office of county attorney or if the candidate is not
                  elected by the voters, the county legislative body shall appoint the county attorney as provided in
                  Section 20A-1-509.2 .
                      (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on the
                  ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the two
                  consecutive terms immediately preceding the term for which the candidate is seeking election,
                  Subsection (3)(a) shall not apply and that candidate shall be considered to be an unopposed candidate
                  the same as any other unopposed candidate for another office, unless a petition is filed with the
                  county clerk before the date of that year's primary election that:
                      (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
                      (ii) contains the signatures of registered voters in the county representing in number at least
                  25% of all votes cast in the county for all candidates for governor at the last election at which a
                  governor was elected.
                      (4) (a) When there is only one candidate for district attorney at the regular general election
                  in a prosecution district that has three or fewer registered voters of the district who are licensed
                  active members in good standing of the Utah State Bar, the county clerk shall cause that candidate's
                  name and party affiliation, if any, to be placed on a separate section of the ballot with the following
                  question: "Shall (name of candidate) be elected to the office of district attorney? Yes ____ No ____."
                      (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is elected
                  to the office of district attorney.
                      (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
                  elected and may not take office, nor may he continue in the office past the end of the term resulting
                  from any prior election or appointment.
                      (d) When the name of only one candidate for district attorney is printed on the ballot under
                  authority of Subsection (4), the county clerk may not count any write-in votes received for the office
                  of district attorney.

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                      (e) If no qualified person files for the office of district attorney, or if the only candidate is
                  not elected by the voters under this subsection, the county legislative body shall appoint a new
                  district attorney for a four-year term as provided in Section 20A-1-509.2 .
                      (f) If the candidate whose name would, except for this Subsection (4)(f), be placed on the
                  ballot under Subsection (4)(a) has been elected on a ballot under Subsection (4)(a) to the two
                  consecutive terms immediately preceding the term for which the candidate is seeking election,
                  Subsection (4)(a) shall not apply and that candidate shall be considered to be an unopposed candidate
                  the same as any other unopposed candidate for another office, unless a petition is filed with the
                  county clerk before the date of that year's primary election that:
                      (i) requests the procedure set forth in Subsection (4)(a) to be followed; and
                      (ii) contains the signatures of registered voters in the county representing in number at least
                  25% of all votes cast in the county for all candidates for governor at the last election at which a
                  governor was elected.
                      Section 79. Section 21-2-3 is amended to read:
                       21-2-3. Fees of county recorder.
                      (1) The county recorder shall receive the following fees:
                      (a) for receiving, entering, and filing any instrument, paper, or notice, not otherwise provided
                  for, other than bonds of public officers, $10;
                      (b) for recording any instrument, paper, or notice, including those provided for under Title
                  70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided
                  for, $10 for the first page, if the page is not larger than 8 1/2 inches x 14 inches in size, and $2 for
                  each additional page, and if any instrument, paper, or notice contains more than one description, $1
                  for each additional description;
                      (c) for recording any instrument in which a right-of-way is described, which is connected
                  with or is appurtenant to any tract of land described in the instrument, $1, but if the instrument
                  contains a description of more than one right-of-way, $1 for each additional right-of-way, and if any
                  instrument contains more than two names for either first or second party, or plaintiffs or defendants,
                  for each additional name, $1;

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                      (d) for recording, indexing, and abstracting mining location notices, and recording, indexing,
                  and abstracting affidavits of labor affecting mining claims, $10 for the first page if that page is not
                  larger than 8 1/2 inches by 14 inches in size, and $2 for each additional page; and
                      (e) for a location notice, affidavit, or proof of labor which contains names of more than two
                  signers, $1 for each additional name, and for an affidavit or proof of labor which contains more than
                  one mining claim, $1 for each additional mining claim.
                      (2) (a) Each county recorder shall record the mining rules of the several mining districts in
                  each county without fee.
                      (b) Certified copies of these records shall be received in all tribunals and before all officers
                  of this state as prima facie evidence of the rules.
                      (3) The county recorder shall receive the following fees:
                      (a) for copies of any record or [paper] document, a reasonable fee as determined [and set]
                  by the county legislative body;
                      (b) for each certificate under seal, [$2] $5;
                      (c) for recording any plat of a subdivision into lots and blocks, $1 for each lot, and $30 for
                  each sheet;
                      (d) for recording any other plat or map, $30 for each sheet and $1 for each lot or unit
                  designation;
                      (e) for taking and certifying acknowledgments, including seal, $5 for one name and $2 for
                  each additional name;
                      (f) for recording any license issued by the Division of Occupational and Professional
                  Licensing, $10;
                      (g) for filing of federal tax lien, $10, and for the discharge of the lien, $10; and
                      [(h) for copies of microfilm, a charge per lineal foot as fixed by the county governing body,
                  not to exceed the cost of reproduction of the film plus 10%; and]
                      [(i)] (h) for all services not enumerated in this section, a reasonable compensation.
                      Section 80. Section 57-1-45 is enacted to read:
                      57-1-45. Boundary line agreements.

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                      (1) If properly executed and acknowledged as required under this chapter, an agreement
                  between property owners designating the boundary line between their properties, when recorded in
                  the office of the recorder of the county in which the property is located, shall act as a quitclaim deed
                  and convey all of each party's right, title, interest, and estate in property outside the agreed boundary
                  line that had been the subject of the boundary dispute that led to the boundary line agreement.
                      (2) Each boundary line agreement under Subsection (1) shall contain a description of the
                  land conveyed and the address of each grantee.
                      Section 81. Section 57-3-106 is amended to read:
                       57-3-106. Original documents required -- Captions -- Legibility.
                      (1) (a) Unless otherwise provided, documents presented for recording in the office of the
                  county recorder shall:
                      (i) be originals; and
                      (ii) contain a brief caption stating the nature of the document.
                      (b) If a document is a master form, as defined in Section 57-3-201 , the caption required by
                  Subsection (1)(a)(ii) shall state that the document is a master form.
                      (2) Documents presented for recording shall also be sufficiently legible for the recorder to
                  make certified copies.
                      (3) (a) A document which is of record in the office of the appropriate county recorder in
                  compliance with this chapter may not be recorded again in that same county recorder's office unless
                  the original document has been reexecuted by all parties who executed the document. Unless                   exempt
                  by statute, original documents which are reexecuted must also contain the appropriate
                  acknowledgment, proof of execution, jurat or other notarial certification for all parties who are
                  reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act, and Title
                  57, Chapter 2, Acknowledgments. Documents submitted for rerecording shall contain a brief
                  statement explaining the reason for rerecording.
                      (b) A county recorder may refuse to accept a document for rerecording if that document does
                  not conform to the requirements of this section.
                      (c) Subsection (3) of this section applies only to documents executed after July 1, 1998.

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                      (4) Minor typographical or clerical errors in a document of record may be corrected by the
                  recording of an affidavit or other appropriate instrument.
                      Section 82. Section 59-2-502 is amended to read:
                       59-2-502. Definitions.
                      As used in this part:
                      (1) "Land in agricultural use" means:
                      (a) land devoted to the raising of useful plants and animals with a reasonable expectation of
                  profit, including:
                      (i) forages and sod crops;
                      (ii) grains and feed crops;
                      (iii) livestock as defined in Section 59-2-102 ;
                      (iv) trees and fruits; or
                      (v) vegetables, nursery, floral, and ornamental stock; or
                      (b) land devoted to and meeting the requirements and qualifications for payments or other
                  compensation under a crop-land retirement program with an agency of the state or federal
                  government.
                      (2) "Platted" means land in which:
                      (a) parcels of ground are laid out and mapped by their boundaries, course, and extent; and
                      (b) the [governing body of the city, town, or county] plat has been approved [the plat] as
                  provided in Section 10-9-805 or 17-27-805 .
                      (3) "Rollback" means the period preceding the withdrawal of the land from the provisions
                  of this part or the change in use of the land, not to exceed five years, during which the land is valued,
                  assessed, and taxed under this part.
                      Section 83. Section 59-2-1366 is amended to read:
                       59-2-1366. Apportionment of redemption or assignment money.
                      [Whenever] (1) If property sold to the county under this title is redeemed, or the certificate
                  of sale is assigned, the moneys received on account of the redemption or assignment shall be
                  distributed as follows: the original and subsequent taxes, and 40% of interest, penalty, and costs of

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                  sale received shall be apportioned to the taxing entities interested, in proportion to their respective
                  taxes, and the balance shall be paid to the county. [In all cases where]
                      (2) If a sum less than the taxes, interest, penalty, and costs is accepted in settlement, the
                  proceeds of the settlement shall be applied, first to the payment of the original and subsequent taxes,
                  and the remainder, if any, to the payment of interest, penalty, and costs. [The county treasurer shall
                  keep an accurate account of all moneys paid in redemption of property sold to the county and for
                  assignments of certificates of sale, and shall, on the first Monday of March of each year, or at any
                  other times the state auditor may direct, make a detailed report, verified by affidavit, of each account
                  year to the state auditor, in a form required by the state auditor.]
                      Section 84. Section 68-3-12 is amended to read:
                       68-3-12. Rules of construction.
                      (1) In the construction of these statutes, the following general rules shall be observed, unless
                  such construction would be inconsistent with the manifest intent of the Legislature or repugnant to
                  the context of the statute:
                      (a) The singular number includes the plural, and the plural the singular.
                      (b) Words used in one gender comprehend the other.
                      (c) Words used in the present tense include the future.
                      (2) In the construction of these statutes, the following definitions shall be observed, unless
                  the definition would be inconsistent with the manifest intent of the Legislature, or repugnant to the
                  context of the statute:
                      (a) "Adjudicative proceeding" means:
                      (i) all actions by a board, commission, department, officer, or other administrative unit of
                  the state that determine the legal rights, duties, privileges, immunities, or other legal interests of one
                  or more identifiable persons, including all actions to grant, deny, revoke, suspend, modify, annul,
                  withdraw, or amend an authority, right, or license; and
                      (ii) judicial review of all such actions.
                      (b) "Advisory board," "advisory commission," and "advisory council" means a board,
                  commission, or council that:

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                      (i) provides advice and makes recommendations to another person or entity who makes
                  policy for the benefit of the general public;
                      (ii) is created by and whose duties are provided by statute or by executive order; and
                      (iii) performs its duties only under the supervision of another person as provided by statute.
                      (c) "Councilman" includes a town trustee or a city commissioner, and "city commissioner"
                  includes a councilman.
                      (d) "County executive" means:
                      (i) the county commission in the county commission or expanded county commission form
                  of government established under Title 17, Chapter 52, Forms of County Government;
                      [(ii) the county executive in the "county executive and chief administrative officer-council"
                  optional form of government authorized by Section 17-52-503 ;]
                      [(iii)] (ii) the county executive in the "county executive-council" optional form of
                  government authorized by Section 17-52-504 ; and
                      [(iv)] (iii) the county manager in the "council-manager" optional form of government
                  authorized by Section 17-52-505 [; and].
                      [(v) the county council in the "council-county administrative officer" optional form of
                  government authorized by Section 17-52-506 .]
                      (e) "County legislative body" means:
                      (i) the county commission in the county commission or expanded county commission form
                  of government established under Title 17, Chapter 52, Forms of County Government;
                      [(ii) the county council in the "county executive and chief administrative officer-council"
                  optional form of government authorized by Section 17-52-503 ;]
                      [(iii)] (ii) the county council in the "county executive-council" optional form of government
                  authorized by Section 17-52-504 ; and
                      [(iv)] (iii) the county council in the "council-manager" optional form of government
                  authorized by Section 17-52-505 ; [and].
                      [(v) the county council in the "council-county administrative officer" optional form of
                  government authorized by Section 17-52-506 .]

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                      (f) "Executor" includes administrator, and the term "administrator" includes executor, when
                  the subject matter justifies such use.
                      (g) "Guardian" includes a person who has qualified as a guardian of a minor or incapacitated
                  person pursuant to testamentary or court appointment and a person who is appointed by a court to
                  manage the estate of a minor or incapacitated person.
                      (h) "Highway" and "road" include public bridges and may be held equivalent to the words
                  "county way," "county road," "common road," and "state road."
                      (i) "Him," "his," and other masculine pronouns include "her," "hers," and similar feminine
                  pronouns unless the context clearly indicates a contrary intent or the subject matter relates clearly
                  and necessarily to the male sex only.
                      (j) "Insane person" include idiots, lunatics, distracted persons, and persons of unsound mind.
                      (k) "Land," "real estate," and "real property" include land, tenements, hereditaments, water
                  rights, possessory rights, and claims.
                      (l) "Man" or "men" when used alone or in conjunction with other syllables as in "workman,"
                  includes "woman" or "women" unless the context clearly indicates a contrary intent or the subject
                  matter relates clearly and necessarily to the male sex only.
                      (m) "Month" means a calendar month, unless otherwise expressed, and the word "year," or
                  the abbreviation "A.D." is equivalent to the expression "year of our Lord."
                      (n) "Oath" includes "affirmation," and the word "swear" includes "affirm." Every oral
                  statement under oath or affirmation is embraced in the term "testify," and every written one, in the
                  term "depose."
                      (o) "Person" includes individuals, bodies politic and corporate, partnerships, associations,
                  and companies.
                      (p) "Personal property" includes every description of money, goods, chattels, effects,
                  evidences of rights in action, and all written instruments by which any pecuniary obligation, right,
                  or title to property is created, acknowledged, transferred, increased, defeated, discharged, or
                  diminished, and every right or interest therein.
                      (q) "Personal representative," "executor," and "administrator" includes an executor,

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                  administrator, successor personal representative, special administrator, and persons who perform
                  substantially the same function under the law governing their status.
                      (r) "Policy board," "policy commission," or "policy council" means a board, commission,
                  or council that:
                      (i) possesses a portion of the sovereign power of the state to enable it to make policy for the
                  benefit of the general public;
                      (ii) is created by and whose duties are provided by the constitution or by statute;
                      (iii) performs its duties according to its own rules without supervision other than under the
                  general control of another person as provided by statute; and
                      (iv) is permanent and continuous and not temporary and occasional.
                      (s) "Population" shall be as shown by the last preceding state or national census, unless
                  otherwise specially provided.
                      (t) "Property" includes both real and personal property.
                      (u) "Review board," "review commission," or "review council" means a board, commission,
                  or council that:
                      (i) possesses a portion of the sovereign power of the state only to the extent to enable it to
                  approve policy made for the benefit of the general public by another body or person;
                      (ii) is created by and whose duties are provided by statute;
                      (iii) performs its duties according to its own rules without supervision other than under the
                  general control of another person as provided by statute; and
                      (iv) is permanent and continuous and not temporary and occasional.
                      (v) "Sheriff," "county attorney," "district attorney," "clerk," or other words used to denote
                  an executive or ministerial officer, may include any deputy, or other person performing the duties
                  of such officer, either generally or in special cases; and the words "county clerk" may be held to
                  include "clerk of the district court."
                      (w) "Signature" includes any name, mark, or sign written with the intent to authenticate any
                  instrument or writing.
                      (x) "State," when applied to the different parts of the United States, includes the District of

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                  Columbia and the territories; and the words "United States" may include the District and the
                  territories.
                      (y) "Town" may mean incorporated town and may include city, and the word "city" may
                  mean incorporated town.
                      (z) "Vessel," when used with reference to shipping, includes steamboats, canal boats, and
                  every structure adapted to be navigated from place to place.
                      (aa) "Will" includes codicils.
                      (bb) "Writ" means an order or precept in writing, issued in the name of the state or of a court
                  or judicial officer; and "process" means a writ or summons issued in the course of judicial
                  proceedings.
                      (cc) "Writing" includes printing, handwriting, and typewriting.
                      Section 85. Section 73-1-10 is amended to read:
                       73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recording of
                  deed -- Report of water right conveyance.
                      (1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, a
                  diligence claim to the use of surface or underground water, or a water user's claim filed in general
                  determination proceedings, shall be transferred by deed in substantially the same manner as is real
                  estate.
                      (b) The deed must be recorded in the office of the recorder of the county where the point of
                  diversion of the water is located and in the county where the water is used.
                      [(c) (i) A copy of the deed or other conveyance which contains a reference to a water right
                  number for a water right evidenced by any document listed in Subsection 73-1-11 (5) shall be
                  promptly transmitted by the county recorder to the state engineer for filing.]
                      [(ii) The state engineer may designate regional offices to receive copies of deeds or other
                  conveyances transmitted pursuant to Subsection (1)(c)(i). A county recorder may not be required
                  to transmit documents to more than one regional office.]
                      [(d)] (c) A recorded deed of a water right shall from the time of its [filing] recording in the
                  office of the county recorder constitute notice of its contents to all persons.

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                      (2) The right to the use of water evidenced by shares of stock in a corporation shall be
                  transferred in accordance with the procedures applicable to securities set forth in Title 70A, Chapter
                  8, Uniform Commercial Code - Investment Securities.
                      (3) (a) To update water right ownership on the records of the state engineer, a water right
                  owner shall submit a report of water right conveyance to the state engineer.
                      (b) The report of water right conveyance shall be on forms provided by the state engineer.
                      (c) The report shall be prepared by:
                      (i) or prepared under the direction of and certified by, any of the following persons licensed
                  in Utah:
                      (A) an attorney;
                      (B) a professional engineer;
                      (C) a title insurance agent; or
                      (D) a professional land surveyor; or
                      (ii) the water right owner as authorized by rule of the state engineer.
                      (d) The filing and processing of a report of water right conveyance with the state engineer
                  is neither an adjudication of water right ownership nor an opinion as to title or validity of the water
                  right.
                      (e) The state engineer shall adopt rules that specify:
                      (i) the information required in a report of water right conveyance; and
                      (ii) the procedures for processing the reports.
                      Section 86. Section 78-12-29 is amended to read:
                       78-12-29. Within one year.
                      An action may be brought within one year:
                      (1) for liability created by the statutes of a foreign state;
                      (2) upon a statute for a penalty or forfeiture where the action is given to an individual, or to
                  an individual and the state, except when the statute imposing it prescribes a different limitation;
                      (3) upon a statute, or upon an undertaking in a criminal action, for a forfeiture or penalty to
                  the state;

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                      (4) for libel, slander, assault, battery, false imprisonment, or seduction;
                      (5) against a sheriff or other officer for the escape of a prisoner arrested or imprisoned upon
                  either civil or criminal process;
                      (6) against a municipal corporation for damages or injuries to property caused by a mob or
                  riot;
                      (7) on a claim for relief or a cause of action under the following sections of Title 25, Chapter
                  6, Uniform Fraudulent Transfer Act:
                      (a) Subsection 25-6-5 (1)(a), which in specific situations limits the time for action to four
                  years, under Section 25-6-10 ; or
                      (b) Subsection 25-6-6 (2)[.]; or
                      (8) except as otherwise expressly provided by statute, against a county legislative body or
                  a county executive to challenge a decision of the county legislative body or county executive,
                  respectively.
                      Section 87. Repealer.
                      This act repeals:
                      Section 17-5-213, Powers of legislative body -- Supervision of other officers.
                      Section 17-23-4, Duty respecting maps filed for record.
                      Section 17-24-17, Suspension of treasurer.
                      Section 17-52-503, County executive and chief administrative officer-council form of
                  county government.
                      Section 17-52-506, Council-county administrative officer form of county government.
                      Section 59-2-1367, Duty of county treasurer.
                      Section 59-2-1368, Delict of county treasurer -- Penalty.
                      Section 59-2-1369, Duty of county auditor -- Report to state treasurer.
                      Section 59-2-1370, State auditor and state treasurer to receive duplicate copies.
                      Section 59-2-1371, Delict of county auditor -- Penalty.

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