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S.B. 133 Enrolled
AN ACT RELATING TO COUNTIES; MODIFYING THE PROCEDURE FOR ADOPTING AN
OPTIONAL FORM OF COUNTY GOVERNMENT; REPEALING PROVISIONS
RELATING TO THE PROCEDURE FOR ADOPTING AN OPTIONAL FORM OF COUNTY
GOVERNMENT; REPEALING AND REENACTING, WITH AMENDMENTS,
PROVISIONS RELATING TO OPTIONAL STRUCTURAL FORMS OF COUNTY
GOVERNMENT; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-1-102, as last amended by Chapter 183, Laws of Utah 1997
53A-2-109, as last amended by Chapter 77, Laws of Utah 1997
68-3-12, as last amended by Chapter 223, Laws of Utah 1994
ENACTS:
17-35a-101, Utah Code Annotated 1953
17-35a-102, Utah Code Annotated 1953
17-35a-103, Utah Code Annotated 1953
17-35a-201, Utah Code Annotated 1953
17-35a-202, Utah Code Annotated 1953
17-35a-203, Utah Code Annotated 1953
17-35a-204, Utah Code Annotated 1953
17-35a-301, Utah Code Annotated 1953
17-35a-302, Utah Code Annotated 1953
17-35a-303, Utah Code Annotated 1953
17-35a-401, Utah Code Annotated 1953
17-35a-402, Utah Code Annotated 1953
17-35a-403, Utah Code Annotated 1953
17-35a-404, Utah Code Annotated 1953
17-35a-501, Utah Code Annotated 1953
17-35a-502, Utah Code Annotated 1953
17-35a-503, Utah Code Annotated 1953
17-35a-504, Utah Code Annotated 1953
17-35b-301, Utah Code Annotated 1953
17-35b-302, Utah Code Annotated 1953
17-35b-303, Utah Code Annotated 1953
17-35b-304, Utah Code Annotated 1953
REPEALS:
17-35a-1, as enacted by Chapter 26, Laws of Utah 1973
17-35a-2, as last amended by Chapter 227, Laws of Utah 1993
17-35a-3, as last amended by Chapter 227, Laws of Utah 1993
17-35a-4, as last amended by Chapter 227, Laws of Utah 1993
17-35a-5, as last amended by Chapter 227, Laws of Utah 1993
17-35a-6, as last amended by Chapter 227, Laws of Utah 1993
17-35a-7, as last amended by Chapter 198, Laws of Utah 1996
17-35a-8, as last amended by Chapter 60, Laws of Utah 1977
17-35a-9, as last amended by Chapters 12 and 147, Laws of Utah 1994
17-35a-10, as last amended by Chapters 12 and 147, Laws of Utah 1994
17-35a-11, as last amended by Chapter 79, Laws of Utah 1996
17-35a-12, as last amended by Chapter 244, Laws of Utah 1987
17-35a-12.5, as last amended by Chapter 60, Laws of Utah 1977
17-35a-13, as enacted by Chapter 26, Laws of Utah 1973
17-35a-14, as last amended by Chapter 219, Laws of Utah 1989
17-35a-15, as enacted by Chapter 26, Laws of Utah 1973
17-35a-15.5, as enacted by Chapter 244, Laws of Utah 1987
17-35a-16, as last amended by Chapter 227, Laws of Utah 1993
17-35a-17, as enacted by Chapter 3, Laws of Utah 1987, First Special Session
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17-35a-101 is enacted to read:
17-35a-101. Title.
This chapter is known as the "Optional Forms of County Government Act."
Section 2. Section 17-35a-102 is enacted to read:
17-35a-102. 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;
(c) the president of the Senate or the president's designee;
(d) a resident of the county in which the optional plan is proposed, designated by the county
legislative body;
(e) 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; and
(f) four other residents of the county in which the optional plan is proposed, designated by
majority vote of the five 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 17-35a-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 17-35a-202 (3)(a) or
17-35a-203(3)(d)(i)(B) in which the county legislative body specifies that the members should be
elected; or
(ii) appointed under Section 17-35a-301 ; and
(b) charged with the duties provided in Section 17-35a-303 .
Section 3. Section 17-35a-103 is enacted to read:
17-35a-103. Legislative intent.
The Legislature finds and determines that greater economy and efficiency in providing local
governmental services can be achieved in certain counties by modernizing the existing form of
county government to conform more closely to the needs and desires of their citizens. In order to
accomplish this purpose, optional plans establishing alternate forms of citizen representation or
alternate forms for the organization, administration, and allocation of governmental powers, duties,
functions, and services may be proposed, approved, and placed in operation in counties wishing to
do so.
Section 4. Section 17-35a-201 is enacted to read:
17-35a-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 17-35a-202 ; or
(b) registered voters of the county as provided in Section 17-35a-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 17-35a-202 or 17-35a-203 , the county legislative body may
not initiate the process again under Section 17-35a-202 unless the earlier proceeding:
(i) has been concluded by the county legislative body rejecting the optional plan;
(ii) has been concluded by an affirmative or negative vote of registered voters; or
(iii) has not been concluded but has been pending for at least two years.
(b) A county legislative body may not initiate the process to adopt an optional plan under
Section 17-35a-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 17-35a-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.
(4) (a) A proceeding to adopt an optional form of county government commenced under
Chapter 26, Laws of Utah 1973, as amended, and pending on the effective date of this section may
continue under the applicable provisions of this chapter.
(b) No part of a proceeding to adopt an optional form of county government commenced
under Chapter 26, Laws of Utah 1973, as amended, and pending on the effective date of this section,
may be considered invalid because of a failure to meet a requirement of this chapter that was not
included in Chapter 26, Laws of Utah 1973, as amended.
Section 5. Section 17-35a-202 is enacted to read:
17-35a-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
(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
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 17-35a-204 .
(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 17-35a-204
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) Each resolution adopted under Subsection (3)(a) shall:
(i) require the question to be submitted to the registered voters of the county at a general or
special election, 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);
(ii) specify the number of members of the proposed study committee, subject to Subsection
17-35a-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 17-35a-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
17-35a-303 (1)(a); and
(ii) provide for the appointment of the members as provided in Section 17-35a-301 .
Section 6. Section 17-35a-203 is enacted to read:
17-35a-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:
(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
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 certification of a petition under Subsection (4)(a)(ii)(A), each county
legislative body shall establish the date for an election to be held as provided under Section
17-35a-204 .
(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) Each petition under Subsection (3)(a) shall:
(i) request the county legislative body to choose between:
(A) adopting a resolution that establishes a study committee with members appointed under
Section 17-35a-301 ; or
(B) adopting a resolution submitting to the county's registered voters the question of whether
a study committee should be established;
(ii) 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) 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) 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
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 17-35a-301 and specifying the number of members to be appointed, subject
to Subsection 17-35a-303 (1)(a); or
(B) adopt a resolution submitting to the county's registered voters the question of whether
a study committee under Section 17-35a-301 should be established.
(ii) Each resolution under Subsection (3)(d)(i)(B) shall comply with the requirements of
Subsection 17-35a-202 (3)(b).
(4) (a) Within 30 days of the filing of a petition under Subsection (2)(a) or (3)(a) or an
amended or supplemental petition under Subsection (4)(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)(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) With the unanimous approval of petition sponsors, a petition filed under Subsection
(2)(a) or (3) may be withdrawn at any time within 90 days after petition certification but no later than
45 days before an election under Section 17-35a-204 or Subsection 17-35a-203(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 7. Section 17-35a-204 is enacted to read:
17-35a-204. Election on proposed optional plan -- Procedure.
(1) The county legislative body shall hold an election if an optional plan is proposed:
(a) by a resolution adopted under Subsection 17-35a-202 (2)(e);
(b) in a petition filed under Subsection 17-35a-203 (2)(a) that is certified under Subsection
17-35a-203 (4)(a)(ii)(A); or
(c) in a study committee report filed under Subsection 17-35a-303 (3)(d).
(2) Each election under Subsection (1) shall be held at the next regular general or municipal
general election no less than two months after, as the case may be:
(a) adoption of a resolution under Subsection 17-35a-202 (2)(e);
(b) certification of a petition filed under Subsection 17-35a-203 (2)(a); or
(c) the filing of a study committee report under Subsection 17-35a-303 (3)(d).
(3) The county legislative body 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.
(4) The county legislative body 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);
(b) make a complete copy of the optional plan 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
17-35a-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 8. Section 17-35a-301 is enacted to read:
17-35a-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 shall convene a meeting of the five members of the
appointment council referred to in Subsections 17-35a-102 (1)(a), (b), (c), (d), and (e), within ten
days of:
(i) the adoption of a resolution under Subsection 17-35a-202 (4)(a) or
17-35a-203 (3)(d)(i)(A); or
(ii) the canvass of an election pursuant to a resolution adopted under Subsection
17-35a-202 (3)(a) or 17-35a-203 (3)(d)(i)(B) 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
members of the appointment council shall designate the remaining four members referred to in
Subsection 17-35a-102 (1)(f).
(3) (a) Within 30 days of the designation of the remaining four members under Subsection
(2)(b), the appointment council shall:
(i) appoint the members to the study committee; and
(ii) notify in writing the appointees 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.
Section 9. Section 17-35a-302 is enacted to read:
17-35a-302. Convening of first meeting of study committee.
The county legislative body shall convene the first meeting of the study committee within
ten days of:
(1) receipt of notification of the study committee members' appointment under Subsection
17-35a-301 (3)(a); or
(2) the canvass of an election at which study committee members were elected pursuant to
a resolution adopted under Subsection 17-35a-202 (3)(a) or 17-35a-203 (3)(d)(i)(B).
Section 10. Section 17-35a-303 is enacted to read:
17-35a-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;
(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 legislative body
no later than one year after the convening of its first meeting under Section 17-35a-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 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 17-35a-204 .
(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
(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 11. Section 17-35a-401 is enacted to read:
17-35a-401. Contents of proposed optional plan.
(1) Each optional plan proposed under this chapter shall:
(a) specify the optional form of county government that is being proposed;
(b) 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 of existing offices and officers;
(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) notwithstanding any other provision of this title, provide that, with respect to the county
budget, the county auditor's role is to be the budget officer and to project county revenues, the
county executive's role is to propose the budget, and the county legislative body's role is to adopt the
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
17-35a-501 , 17-35a-502 , 17-35a-503 , or 17-35a-504 shall:
(a) provide for the election of the county council;
(b) 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;
(c) specify county council members' qualifications and terms and whether the terms are to
be staggered;
(d) state the grounds for and methods of removal of county council members from office;
(e) contain procedures for filling vacancies on the county council, consistent with the
provisions of Sections 17-5-104 and 20A-1-508 ; and
(f) state the compensation, if any, of county council members and procedures for prescribing
and changing compensation.
Section 12. Section 17-35a-402 is enacted to read:
17-35a-402. Plan may propose optional forms of county government -- County
executive -- Plan may propose change of structural form.
(1) An optional plan may propose changing the form of county government to:
(a) the county commissioner form under Title 17, Chapter 5, Part 1, County Commissioner
Form of Government;
(b) executive and chief administrative officer-council form under Section 17-35a-501 ;
(c) the county executive and council form under Section 17-35a-502 ;
(d) the council-manager form under Section 17-35a-503 ; or
(e) the council and county administrative officer form under Section 17-35a-504 .
(2) (a) If an optional plan proposes changing the form of county government to a form that
has a 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.
(3) In addition to proposing the adoption of any one of the optional forms of county
government under Subsection (1), 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 13. Section 17-35a-403 is enacted to read:
17-35a-403. Adoption of optional plan -- Effect of adoption.
(1) If a proposed optional plan is approved at an election held under Section 17-35a-204 :
(a) the proposed optional plan becomes effective according to its terms and 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
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 14. Section 17-35a-404 is enacted to read:
17-35a-404. Amendment of optional plan.
(1) Subject to Subsection (2), an optional plan, after going into effect following an election
held under Section 17-35a-204 , may be amended by an affirmative vote of two-thirds of the county
legislative body.
(2) Notwithstanding Subsection (1), an amendment to an optional plan in effect may not take
effect until approved by a majority of registered voters voting in a general or special election at
which the amendment is proposed, if the amendment changes:
(a) the size or makeup of the legislative body, except for adjustments necessary due to
decennial reapportionment;
(b) the distribution of powers between the executive and legislative branches of county
government; or
(c) the status of the county executive or legislative body from full-time to part-time or vice
versa.
Section 15. Section 17-35a-501 is enacted to read:
17-35a-501. County executive and chief administrative officer-council form of county
government.
(1) A county operating under the form of government known as the "county executive and
chief administrative officer-council" form shall be governed by the county council, a county
executive, an appointed chief administrative officer, and such other officers and employees as are
authorized by law. The optional plan shall provide for the qualifications, time and manner of
election, term of office, compensation, and removal of the county executive.
(2) The county executive shall be the chief executive officer or body of the county, and shall:
(a) direct and organize the management of the county in a manner consistent with the
optional plan;
(b) carry out programs and policies established by the council;
(c) faithfully ensure compliance with all applicable laws and county ordinances;
(d) exercise supervisory and coordinating control over all departments of county
government;
(e) except as otherwise provided in the optional plan or as otherwise delegated by statute to
the legislative body, appoint, suspend, and remove the directors of all county departments and all
appointive officers of boards and commissions;
(f) 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;
(g) 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;
(h) conduct planning studies and make recommendations to the council relating to financial,
administrative, procedural, and operational plans, programs, and improvements in county
government; and
(i) exercise a power of veto over ordinances enacted by the council, including an item veto
upon budget appropriations, in the manner provided in the optional plan.
(3) The chief administrative officer shall:
(a) be appointed and removed by the county executive, with the approval of the council,
except that the plan may specifically provide for the appointment and removal of the chief
administrative officer by the council; and
(b) have the qualifications, training, and experience and receive compensation as provided
in the optional plan.
(4) The chief administrative officer shall be principal staff assistant to the county executive
and, under the direction and supervision of the county executive, shall:
(a) exercise supervisory control over all functions of the executive branch;
(b) study and make recommendations to the county executive with respect to the
administration of county affairs and the efficiency and economy of county programs and operations;
(c) maintain a continuing review of expenditures and of the effectiveness of departmental
budgetary controls;
(d) develop systems and procedures, not inconsistent with statutes, for planning,
programming, budgeting, and accounting for all activities of the county; and
(e) perform any other functions and duties required of him by the optional plan, by any
applicable statutes or ordinances, or by the county executive.
(5) All powers and duties of the county shall be allocated for administrative and executive
purposes to departments of the county as designated by the optional plan. Transfers of employees
and reallocation of powers and duties between departments may be made within budgetary
constraints by and at the discretion of the county executive, except as otherwise provided in the plan
or by ordinance.
(6) In the county executive and chief administrative officer-council form of county
government, the legislative powers of the county shall be vested in the county council, and the
executive powers of the county shall be vested in the county executive.
(7) A reference in statute or state rule to the "governing body" or the "board of county
commissioners" of the county, in the county executive and chief administrative officer-council form
of county government, means:
(a) the county council, with respect to legislative functions, duties, and powers; and
(b) the county executive, with respect to executive functions, duties, and powers.
Section 16. Section 17-35a-502 is enacted to read:
17-35a-502. County executive-council form of county government.
(1) (a) A county operating under the form of government known as the "county
executive-council" form shall be governed by the county council, a county executive, and such other
officers and employees as are authorized by law.
(b) The optional plan shall provide for the qualifications, time, and manner of election, term
of office, compensation, and removal of the county executive.
(2) The county executive shall be the chief executive officer or body of the county and shall
have the powers and duties provided in Subsection 17-35b-501 (2).
(3) In the county executive-council form of county government, the legislative powers of
the county shall be vested in the county council, and the executive powers of the county shall be
vested in the county executive.
(4) References in any statute or state rule to the "governing body" or the "board of county
commissioners" of the county, in the county executive-council form of county government, means:
(a) the county council, with respect to legislative functions, duties, and powers; and
(b) the county executive, with respect to executive functions, duties, and powers.
Section 17. Section 17-35a-503 is enacted to read:
17-35a-503. Council-manager form of county government.
(1) A county operating under the form of government known as the "council-manager" form
shall be governed by the county council, a county manager appointed by the council, and such other
officers and employees as are authorized by law. The optional plan shall provide for the
qualifications, time and manner of appointment, term of office, compensation, and removal of the
county manager.
(2) The county manager shall be the administrative head of the county government and shall
have the powers and duties of a county executive, under Subsection 17-35b-501 (2), except that the
county manager shall not have any power of veto over ordinances enacted by the council.
(3) No member of the council shall directly or indirectly, by suggestion or otherwise, attempt
to influence or coerce the manager in the making of any appointment or removal of any officer or
employee or in the purchase of supplies, attempt to exact any promise relative to any appointment
from any candidate for manager, or discuss directly or indirectly with him the matter of specific
appointments to any county office or employment. A violation of the foregoing provisions of this
Subsection (3) shall forfeit the office of the offending member of the council. Nothing in this section
shall be construed, however, as prohibiting the council while in open session from fully and freely
discussing with or suggesting to the manager anything pertaining to county affairs or the interests
of the county. Neither manager nor any person in the employ of the county shall take part in
securing, or contributing any money toward, the nomination or election of any candidate for a county
office. The optional plan may provide procedures for implementing this Subsection (3).
(4) In the council-manager form of county government, the legislative powers of the county
shall be vested in the county council, and the executive powers of the county shall be vested in the
county manager.
(5) A reference in statute or state rule to the "governing body" or the "board of county
commissioners" of the county, in the council-manager form of county government, means:
(a) the county council, with respect to legislative functions, duties, and powers; and
(b) the county manager, with respect to executive functions, duties, and powers.
Section 18. Section 17-35a-504 is enacted to read:
17-35a-504. Council-county administrative officer form of county government.
(1) A county operating under the form of government known as the "council-county
administrative officer" form shall be governed by:
(a) a county council;
(b) a county administrative officer appointed by the county council; and
(c) other officers and employees that are authorized by law.
(2) (a) The optional plan submitted to the voters shall require that the county council
establish by ordinance, maintain, and keep filled a permanent position of county administrative
officer.
(b) The optional plan submitted to the voters shall establish the qualifications, time, and
manner of employment, term of office, compensation, and procedures for removal of the county
administrative officer.
(c) The optional plan submitted to the voters shall require that the county administrative
officer be appointed solely on the basis of his abilities, integrity, and prior experience as related to
the duties of his office.
(d) The optional plan submitted to the voters shall designate the position of county
administrative officer as either exempt or not exempt from any applicable county merit system.
(3) The county administrative officer shall administer the functions, responsibilities, powers,
and duties of his office as set forth in the optional plan adopted by the voters, subject to the direction
and control of the county council, and acting as its agent.
(4) The county council may assign additional functions, responsibilities, powers, and duties
to the county administrative officer that do not conflict with the functions, responsibilities, powers,
and duties set forth in the optional plan.
Section 19. Section 17-35b-301 is enacted to read:
17-35b-301. "General county (modified)" form of county government.
(1) The structural form of county government known as the "general county (modified)"
form retains, without change or modification, except to the extent that changes or modifications may
be effectuated under other proceedings authorized by law, all existing incorporated cities and towns,
special taxing districts, public authorities, county service areas, and other local public entities
functioning within the boundaries of the county. Under this form of government, the county remains
vested with all powers and duties vested in counties by general law, but the county legislative body,
together with such other officers as may be specified in the optional plan, shall be elected or
appointed in the manner authorized by this act and as provided in the optional plan.
(2) An optional plan for this form of county government shall provide for the election of a
county council, composed of not less than three members, which shall be the county legislative body
and shall exercise all legislative powers authorized by law. The plan shall specify:
(a) whether the members of the council are to be elected from districts, at large, or by a
combination of district and at-large constituencies;
(b) their qualifications and terms of office, and whether such terms are concurrent or
overlapping;
(c) grounds for and methods of removal of council members from office;
(d) procedures for filling vacancies on the council, provided that the procedures shall
conform with Sections 17-5-104 and 20A-1-508 ; and
(e) the compensation, if any, of council members together with procedures for prescribing
and changing such compensation from time to time.
Section 20. Section 17-35b-302 is enacted to read:
17-35b-302. Urban county form of county government.
(1) The structural form of county government known as the "urban county" form retains,
without change or modification, except to the extent that changes or modifications may be
effectuated under other proceedings authorized by law, all existing incorporated cities and towns,
special taxing districts, public authorities, county service areas, and other local public entities
functioning within the boundaries of the county. Under this form of government, the county remains
vested with all powers and duties vested in counties by general law, but in addition is vested with
and empowered to exercise within the unincorporated territory of the county all powers and duties
which, by general law, are conferred upon cities whose population is equal to that of the
unincorporated territory of such county.
(2) The urban county is empowered to enter into contractual arrangements for the joint
exercise of powers or for performance of services and, for that purpose, may employ and be subject
to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act. By contract, the urban county
may perform for any city, town, special taxing district, public authority, county service area, or other
local public entity within the county any governmental service or function which such entity is
lawfully empowered to perform for itself within its own territory, or which the county is lawfully
empowered to perform anywhere within the county boundaries. No contract service or function shall
be performed by the county except for a consideration which is at least substantially equal to the cost
of performing it.
(3) The plan for an urban county form of county government may provide for organization
of the unincorporated territory of the county into one or more county service areas and, for this
purpose, may provide for special organizing or implementing procedures which differ from those
provided in Title 17A, Chapter 2, Part 4, County Service Areas Act. Except to the extent that the
plan provides to the contrary, all noncontract services and functions lawfully performed by the
county solely within unincorporated territory and not on a countywide basis shall, after the effective
date of the plan, be considered performed and extended solely as services of, and financed by and
through, the county service area. The plan may provide for, limit, or condition the services and
functions which the urban county is authorized to perform and extend within the territory of
incorporated cities and towns within the county and may provide procedures by which such
provisions, limits, or conditions may be established and changed from time to time.
(4) The plan for the urban county shall provide for the election of a county council,
composed of not less than three members. The council shall be the county legislative body and shall
exercise all legislative powers authorized by law. The plan shall specify:
(a) whether the members of the council are to be elected from districts, at large, or by a
combination of district and at-large constituencies;
(b) their qualifications and terms of office, and whether such terms are concurrent or
overlapping;
(c) grounds for and methods for removal of council members from office;
(d) procedures for filling vacancies on the council, provided that the procedures shall
conform with Sections 17-5-104 and 20A-1-508 ; and
(e) the compensation, if any, of council members together with procedures for prescribing
and changing such compensation from time to time.
Section 21. Section 17-35b-303 is enacted to read:
17-35b-303. Community council form of county government.
(1) The structural form of county government known as the "community council" form
unites in a single consolidated city and county government the powers, duties, and functions which,
immediately prior to its effective date, are vested in the county, the largest city in the county, such
other cities and towns as elect to merge in it, and all special taxing districts, public authorities,
county service areas, and other local public entities functioning within the boundaries of the county,
except school districts. The consolidated government shall have power to extend on a countywide
basis any governmental service or function which is authorized by law or which the previous county,
cities, and other local public agencies included therein were empowered to provide for their
residents, but no such service shall be provided within an incorporated municipality which continues
to provide that service for its own inhabitants, except upon a contract basis for the municipality, and
no taxes, assessments, fees, or other charges shall be extended or collected within the municipality
for the purpose of financing any service which is not provided by the consolidated government
within the municipality. "Largest city," as used in this section, means a city or cities the population
of which, as shown by the most recent decennial or special census, exceeds 35% of the total county
population.
(2) The incorporated cities and towns, other than the largest city, in the county shall retain
independent corporate existence and shall continue to provide local services to their inhabitants of
the type and to the extent provided in the plan, but any such city or town, by majority vote of its
qualified voters, cast either concurrently with the election at which the plan is approved or
subsequently to it, as provided by the governing body of the city or town, may cause the city or town
to be dissolved and its powers, duties, and functions vested in the countywide government.
(3) The county legislative body of the countywide government shall be a council composed
of not less than five persons as specified in the plan, elected respectively from communities, which
collectively include all of the territory within the county, having boundaries described in the plan
embracing substantially equal populations. In addition to other powers vested in the countywide
government by law or pursuant to this act, the county council shall have all of the legislative and
policymaking powers which it is possible for the governing body of a county or a city to possess and
which are not expressly denied by the constitution, by a general law applicable to all cities or all
counties, or by a specific restriction in the plan itself.
(4) The voters of each community shall elect a community council composed of the
community's elected member of the county council, who shall be chairman of the community
council, and not less than two nor more than four additional members elected either from districts
of substantially equal population within the community, or at large therein, as may be provided in
the plan. A community council shall have the power and duty, in conformity with guidelines
prescribed by the county council, to adopt policies and formulate specific programs relating to and
defining the kinds and levels of local governmental services necessary to satisfy the needs and
desires of the citizens within the community, but a community council shall have no power to
engage personnel or to acquire facilities, property, or equipment for the administration or
performance of such services. Authorized programs for local governmental services which have been
approved by a community council shall be submitted to the county council for implementation and
shall be carried into effect by the county council and county executive unless, by a vote of not less
than 3/4 of its entire membership, the county council determines that a particular program, in whole
or in part, should be rejected as contrary to the general welfare of the county. A community council
program for local governmental services within a community:
(a) shall include a method or methods for financing such services;
(b) may provide for supplying of such services by contract or by joint or cooperative action
pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, in which case the community council
shall be considered a "public agency" within the meaning of said act; and
(c) may provide for supplying of such services through the creation of county service areas
pursuant to Title 17A, Chapter 2, Part 4, County Service Area Act.
(5) Notwithstanding Subsection (4) of this section, in any community which includes, in
whole or in part, the territory of a city or town, no community council program for local government
services above the minimum level of area-wide services provided countywide may be submitted to
the county council for implementation unless it first is submitted to the governing body of each such
city or town for review. Within 30 days after such submission, the governing body of the city or
town:
(a) may file with the community council a written statement of its comments, suggestions,
and recommendations relating to the program, and the community council shall give due
consideration thereto; or
(b) may, by resolution or ordinance, provide that any designated part of the community
council program relating to a service to be provided within the city or town shall be submitted to the
voters thereof at a general or special election to be held therein within 60 days after the date of the
resolution or ordinance. Any part of the program submitted to the voters of a city or town under this
Subsection (5) shall not be included in the program as submitted to the county council unless it
receives an approving vote at such election by majority of all votes cast on the question.
(6) Except as provided herein, the qualifications, mode of election, term of office, method
of removal, procedure to fill vacancies, compensation, and other appropriate provisions relating to
membership on the county council or community councils shall be provided in the plan.
(7) Upon the effective date of the plan and as provided in it, all properties and assets,
whether tangible or intangible, and all obligations, debts, and liabilities, of those governmental
entities which are merged into the new countywide government shall become vested and transferred
by operation of law in and to the new countywide government. The properties, assets, obligations,
debts, and liabilities of any city or town not merged into the new countywide government, so far as
allocated, used, or incurred primarily to discharge a function which under the plan will no longer be
a responsibility of the city or town, shall likewise be vested in and transferred to the new countywide
government. All transfers under this Subsection (7) shall be subject to equitable adjustments,
conditions, and limitations provided in the plan and determined by procedures specified in the plan,
but the contractual rights of any bondholder or creditor shall not be impaired.
(8) Upon the effective date of the plan and as provided in it, nonelective officers and
employees of governmental entities which are merged into the new countywide government and such
officers and employees of nonmerged cities or towns whose qualifications and duties relate primarily
to functions which under the plan will no longer be a responsibility of those cities or towns, shall be
blanketed in and transferred to the new countywide government as officers and employees of it.
Standards and procedures relating to such personnel transfers, and for resolving disputes or
grievances relating thereto, shall be provided in the plan.
Section 22. Section 17-35b-304 is enacted to read:
17-35b-304. Consolidated city and county -- Structural form.
(1) The structural form of county government known as the "consolidated city and county"
form unites in a single consolidated city and county government the powers, duties, and functions
which, immediately prior to its effective date, are vested in the county, the largest city in the county,
such other cities and towns as elect to merge in it, and all special taxing districts, public authorities,
county service areas, and other local public entities functioning within the boundaries of the county,
except school districts. The consolidated government shall with the consent of the continuing
municipalities have power to extend on a countywide basis any governmental service or function
which is authorized by law or which the previous county, cities, and other local public agencies
included in them were empowered to provide for their residents. No such service, however, shall be
provided within an incorporated municipality which continues to provide that such service for its
own inhabitants, except upon a contract basis for the municipality. No taxes, assessments, fees, or
other charges shall be extended or collected by the consolidated government within any municipality
for the purpose of financing any service which is not provided by the consolidated government
within the municipality. "Largest city," as used in this section, means a city or cities the population
of which, as shown by the most recent decennial or special census, exceeds 35% of the total county
population.
(2) The incorporated cities and towns, other than the largest city in the county, shall retain
independent corporate existence and shall continue to provide local services to their inhabitants of
the type and to the extent provided in the plan; but any such city or town by majority vote of its
qualified voters cast either concurrently with the election at which the plan is approved or
subsequently to it, as provided by the governing body of the city or town, may cause the city or town
to be dissolved and its powers, duties, and functions vested in the consolidated government.
(3) The governing body of the consolidated government shall be a council composed of not
less than five persons elected as specified in the plan. In addition to other powers vested in the
consolidated government by law or pursuant to this act, the county council shall have all the
legislative and policymaking powers which it is possible for the governing body of a county or a city
to possess and which are not expressly denied by the constitution, by general law applicable to all
cities or all counties, or by a specific restriction in the plan itself.
(4) Except as provided in this act, the qualifications, mode of election, term of office,
method of removal, procedure to fill vacancies, compensation, or other appropriate provisions
relating to membership on the county council shall be provided in the plan.
(5) Upon the effective date of the plan, as provided in it, all properties and assets, whether
tangible or intangible, and all obligations, debts, and liabilities of those governmental entities which
are merged into the consolidated government shall become vested and transferred by operation of
law in and to the consolidated government. The properties, assets, obligations, debts, and liabilities
of any city or town not merged into the consolidated government, so far as allocated, used, or
incurred primarily to discharge a function which under the plan will no longer be a responsibility of
the city or town, shall likewise be vested in and transferred to the consolidated government. All
transfers under this Subsection (5) shall be subject to equitable adjustments, conditions, and
limitations provided in the plan and determined by procedures specified in the plan, but the
contractual rights of any bondholder or creditor shall not be impaired.
(6) Upon the effective date of the plan, and as provided in it, nonelective officers and
employees of the governmental entities which are merged into the consolidated government and such
officers and employees of nonmerged cities or towns whose qualifications and duties relate primarily
to functions which under the plan will no longer be a responsibility of those cities or towns shall be
blanketed in and transferred to the consolidated government as officers and employees of it.
Standards and procedures relating to such personnel transfers and for resolving disputes or
grievances relating to them shall be provided in the plan.
Section 23. 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 constitutional amendments, initiatives, referenda, judicial
retention questions, opinion questions, and other questions 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) "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.
(9) "Bond election" means an election held for the sole purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(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.
(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:
(a) the county commission in the traditional [
established by Section 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative
Bodies;
(b) the county executive in the county executive and chief administrative officer-council
optional form of [
17-35a-501 ;
(c) the county executive in the county executive-council optional form of [
(d) the county council in the council-manager optional form of [
government authorized by Section [
(e) the county council in the council-county administrative officer optional form of
[
(19) "County legislative body" means:
(a) the county commission in the traditional [
established by Section 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative
Bodies;
(b) the county council in the county executive and chief administrative officer-council
optional form of [
17-35a-501 ;
(c) the county council in the county executive-council optional form of [
(d) the county council in the council-manager optional form of [
government authorized by Section [
(e) the county council in the council-county administrative officer optional form of
[
(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;
(c) the municipal clerk for all municipal ballots; 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
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;
(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.
(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.
(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 election" means an election held as authorized by Section 20A-1-204 .
(62) "Special district" means those local government entities created under the authority of
Title 17A.
(63) "Special district officers" means those special district officers that are required by law
to be elected.
(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 of election registration and is
registered and is listed in the official register 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) "Write-in ballot" means a ballot containing any write-in votes.
(81) "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 24. Section 53A-2-109 is amended to read:
53A-2-109. Annexation of territory of school district by city -- Attendance options of
students -- Adoption of optional form of county government not to affect school districts.
(1) (a) If part of the territory of an unincorporated area of a school district is annexed to a
city that includes a city school district, the city school district boundaries shall be expanded to
include the annexed territory.
(b) The city school district shall complete the transition of the unincorporated area into the
city school district no later than 36 months from the date of the annexation.
(c) Notwithstanding the requirements of Subsection (1)(a), any student actually attending
school in a school district in an unincorporated area at the time of annexation may, at the option of
the student's parent or guardian, attend school either in the city school district or in the school district
in the unincorporated area.
(2) Adoption of a plan for an optional form of county government under [
Title 17, Chapter 35a, Optional Forms of County Government Act, is not an extension of the
boundaries of a city under this chapter, and the adoption may not alter or affect the boundaries,
organization, powers, duties, or functions of any school district.
Section 25. 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:
(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 traditional [
established by Section 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative
Bodies;
(ii) the county executive in the "county executive and chief administrative officer-council"
optional form of [
17-35a-501 ;
(iii) the county executive in the "county executive-council" optional form of [
(iv) the county manager in the "council-manager" optional form of [
(v) the county council in the "council-county administrative officer" optional form of
[
(e) "County legislative body" means:
(i) the county commission in the traditional [
established by Section 17-4-2 and Title 17, Chapter 5, County Commissioners and Legislative
Bodies;
(ii) the county council in the "county executive and chief administrative officer-council"
optional form of [
17-35a-501 ;
(iii) the county council in the "county executive-council" optional form of [
(iv) the county council in the "council-manager" optional form of [
(v) the county council in the "council-county administrative officer" optional form of
[
(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,
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
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 26. Repealer.
This act repeals:
Section 17-35a-1, Legislative intent.
Section 17-35a-2, Proceedings for adoption of optional plan -- Initiation proceedings in
general.
Section 17-35a-3, Proceedings for adoption of optional plan -- Initiation by county
legislative body -- Methods.
Section 17-35a-4, Proceedings for adoption of optional plan -- Initiation by citizens of
county -- Methods.
Section 17-35a-5, Study commission -- Appointment -- Powers and duties -- Meetings
-- Final report.
Section 17-35a-6, Optional plan -- Proceedings for election -- Operation and effect of
passage.
Section 17-35a-7, Optional plan -- Provisions to be included -- Effect of adoption --
Amendment of plan.
Section 17-35a-8, Optional structural forms of government available for adoption.
Section 17-35a-9, "General county (modified)" form of county government.
Section 17-35a-10, "Urban county" form of county government.
Section 17-35a-11, "Community council" form of county government.
Section 17-35a-12, Optional forms of management arrangements.
Section 17-35a-12.5, Consolidated city and county -- Structural form.
Section 17-35a-13, "County executive and chief administrative officer-council" form
of management arrangement.
Section 17-35a-14, "County executive-council" form of management arrangement.
Section 17-35a-15, "Council-manager" form of management arrangement.
Section 17-35a-15.5, "Council-county administrative officer" form of county
government.
Section 17-35a-16, Restricted taxing authority form of county government -- Procedure
for adoption.
Section 17-35a-17, Validation of optional plans already adopted.
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