First Substitute H.B. 364

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ORGANIZATION, ADMINISTRATION, AND
2 ALLOCATION OF GOVERNMENTAL POWERS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Richard L. Walsh
6 AN ACT RELATING TO COUNTIES; REQUIRING COUNTIES OF THE FIRST CLASS TO
7 HOLD AN ELECTION TO DECIDE WHETHER TO CHANGE THE COUNTY'S FORM OF
8 GOVERNMENT; h [ ALLOWING THE VOTERS OF OTHER THAN FIRST CLASS
9 COUNTIES TO REQUIRE, BY INITIATIVE, THE COUNTY TO HOLD AN ELECTION TO
10 DECIDE WHETHER TO CHANGE THE FORM OF GOVERNMENT; ] h PROVIDING A
11 PROCESS TO IMPLEMENT A CHANGE IN FORM OF GOVERNMENT; PROVIDING
12 FOR THE ELECTION OF COUNTY EXECUTIVE AND LEGISLATIVE BODY OFFICERS
13 UNDER THE NEW FORM OF GOVERNMENT; AND MODIFYING THE ENUMERATION
14 OF COUNTY OFFICERS.
15 This act affects sections of Utah Code Annotated 1953 as follows:
16 AMENDS:
17 17-16-2, as last amended by Chapter 38, Laws of Utah 1993
18 ENACTS:
19 17-35a-4.5, Utah Code Annotated 1953
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 17-16-2 is amended to read:
22 17-16-2. Elected county officers enumerated.
23 (1) The elected officers of a county are:
24 (a) (i) in a county that has not chosen an optional form of management arrangement under
25 Chapter 35a, Optional Plans For County Government, and that operates under a form of
26 government in which the executive and legislative functions of the governing body are not
27 separated, three county commissioners[,]; or

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1 (ii) in a county that operates under a form of government in which the executive and
2 legislative functions of the governing body are separated, members of the governing executive and
3 legislative bodies appropriate to the form of government under which the county operates;
4 (b) a county treasurer, a sheriff, a county clerk, a county auditor, a county recorder, a
5 county attorney, a district attorney in a county which is part of a prosecution district, a county
6 surveyor, a county assessor[,]; and [any others]
7 (c) other officers as provided by law[; but in counties having].
8 (2) In a county that has a taxable value of less than $100,000,000, the county clerk shall
9 be ex officio auditor of the county and shall perform the duties of the office without extra
10 compensation.
11 Section 2. Section 17-35a-4.5 is enacted to read:
12 17-35a-4.5. Election required in first class counties to decide on change in form of
13 government -- Voters may require election in other counties -- Selection committee --
14 Election to choose form of government -- Election of county officers.
15 (1) (a) The county legislative body of each county of the first class operating under a form
16 of government in which the executive and legislative functions of the governing body are not
17 separated shall hold an election to allow voters to decide whether to change the form of county
18 government to one in which the executive and legislative functions are separated.
19 (b) (i) If a county is a county of the first class on May 5, 1997, the county legislative body
20 shall hold the election under Subsection (1)(a) on November 4, 1997.
21 (ii) If a county becomes a county of the first class after May 5, 1997, the county legislative
22 body shall hold the election under Subsection (1)(a) at the next November special election under
23 Subsection 20A-1-204(1)(a) that is:
24 (A) more than 60 days after the county becomes a county of the first class; and
25 (B) in an odd-numbered year.
26 h [ (c) The voters in a county of the second, third, fourth, fifth, or sixth class operating under
27 a form of government in which the executive and legislative functions of the governing body are
28 not separated may, by initiative under Title 20A, Chapter 7, Part 5, Local Initiatives -- Procedures,
29 require the county governing body to hold an election to allow voters to decide whether to change
30 the form of county government to one in which the executive and legislative functions are
31 separated . ] h

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1 (2) (a) The ballot at the election under Subsection (1) shall pose the question substantially
2 as follows:
3 Shall the current form of government of (insert the name of the county) be changed to a
4 form in which the executive and legislative functions are separated?
5 (b) The ballot shall provide a space for the voter to answer yes or no to the question in
6 Subsection (2)(a).
7 (3) (a) If the proposal under Subsection (2)(a) passes, the county legislative body shall,
8 within 14 days of the canvass of the election under Subsection (1), convene a meeting of a
9 committee composed of:
10 (i) the governor, or the governor's designee;
11 (ii) the speaker of the House of Representatives, or the speaker's designee;
12 (iii) the president of the Senate, or the president's designee;
13 (iv) a resident of the county, designated by the county legislative body;
14 (v) a resident of the county, designated by majority vote of the mayors of all cities and
15 towns in the county; and
16 (vi) four other residents of the county, designated by majority vote of the five other
17 members under Subsections (3)(a)(i) through (v).
18 (b) At the first meeting of the committee under Subsection (3)(a), the members shall elect
19 a chair and any other officers that the committee determines to be appropriate.
20 (c) Members of the committee under Subsection (3)(a) shall:
21 (i) serve without compensation; and
22 (ii) be reimbursed by the county for expenses incurred in the performance of their
23 responsibilities under this section.
24 (d) The committee under Subsection (3)(a) shall:
25 (i) meet as often as necessary to fulfill the responsibilities of the committee under this
26 section;
27 (ii) comply with the provisions of Title 52, Chapter 4, Open and Public Meetings;
28 (iii) consider and evaluate forms of county government, whether or not provided for under
29 this chapter, in which the executive and legislative functions are separated;
30 (iv) hold at least three public hearings in geographically diverse locations in the county
31 at least a week apart, before presenting its recommendation under Subsection (3)(c)(vi), to allow

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1 public input on what the committee should recommend;
2 (v) publish notice of each hearing under Subsection (3)(d)(iv) in a newspaper of general
3 circulation within the county at least once per hearing and at least seven but not more than 14 days
4 before the hearing that is the subject of the notice;
5 (vi) by May 15 of the year following the election under Subsection (1), present a written
6 recommendation to the county legislative body of at least two but not more than four optional
7 forms of government the committee recommends be placed on the ballot;
8 (vii) include in its recommendation under Subsection (3)(d)(vi) a requirement that:
9 (A) members of the county legislative body under the new form of government:
10 (I) serve staggered terms of four years; and
11 (II) be elected by district; and
12 (B) the terms of initial members of the county legislative body be adjusted so that
13 approximately half of the initial members serve a term of two years;
14 (viii) divide the county into districts of substantially equal population, equal in number
15 to the number of members of the county legislative body under the new form of government;
16 (ix) publish its recommendation under Subsection (3)(d)(vi) in a newspaper of general
17 circulation within the county at least once a week for three successive weeks before the June
18 regular primary election of the year following the election under Subsection (1), the last
19 publication being at least three days before the election;
20 (x) if the proposal under Subsection (1) passes, assist the county legislative body to
21 develop a plan for a transition from the old form of government to the form of government chosen
22 by the voters at the election under Subsection (4);
23 (xi) monitor and advise the county legislative body in the implementation of the transition
24 plan under Subsection (3)(c)(ix); and
25 (xii) be dissolved as of January 1 of the year following the election under Subsection
26 (5)(a).
27 (e) The county legislative body shall provide, for the effective operation of the committee:
28 (i) suitable meeting facilities;
29 (ii) clerical, secretarial, and staff assistance; and
30 (iii) reasonably adequate funds.
31 (4) (a) If the proposal under Subsection (1) passes, the county legislative body shall hold

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1 an election in June of the year following the election under Subsection (1) on the regular primary
2 election date under Section 20A-9-403.
3 (b) The county clerk shall publish notice of the election under Subsection (4)(a) in a
4 newspaper of general circulation within the county at least once a week for two successive weeks,
5 the last publication being at least three but no more than ten days before the election.
6 (c) The ballot at the election under Subsection (4)(a) shall fairly and accurately present the
7 optional forms of government recommended by the committee under Subsection (3)(c)(vi) and ask
8 the voter to vote for one.
9 (d) The form of government with the most votes at the election under Subsection (4)(a)
10 shall be the form of government under which the county will operate beginning January 1, of the
11 year following the election under Subsection (5)(a).
12 (5) (a) (i) If the proposal under Subsection (1) passes, the county legislative body shall
13 hold an election in November of the same year as the election under Subsection (4)(a) on the
14 regular general election date under Section 20A-1-201 for the election of a county executive and
15 members of the county legislative body under the new form of government chosen by the voters
16 at the election under Subsection (4).
17 (ii) Each member of the county legislative body shall be elected by district.
18 (b) (i) Notwithstanding Subsection 20A-9-202(1)(a)(i), each person seeking to become a
19 candidate for elective county office under the new form of government chosen by the voters at the
20 election under Subsection (4) shall file a declaration of candidacy within 14 days of the canvass
21 of the election under Subsection (4).
22 (ii) Each candidate for election to the county legislative body shall be a resident of the
23 district from which the candidate seeks election.
24 (c) The county clerk shall publish notice of the election under Subsection (5)(a) in a
25 newspaper of general circulation within the county at least once a week for two successive weeks,
26 the last publication being at least three but no more than ten days before the election.
27 (6) Except as otherwise provided in this section, each election under this section shall be
28 governed by the provisions of Title 20A, Election Code.
29 (7) All expenses of the procedure established by this section, including publication of
30 notices, public hearings, and elections, shall be paid by the county.

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