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S.B. 133

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OPTIONAL FORMS OF COUNTY GOVERNMENT

2    
1998 GENERAL SESSION

3    
STATE OF UTAH

4    
Sponsor: R. Mont Evans

5    AN ACT RELATING TO COUNTIES; MODIFYING THE PROCEDURE FOR ADOPTING AN
6    OPTIONAL FORM OF COUNTY GOVERNMENT.
7    This act affects sections of Utah Code Annotated 1953 as follows:
8    AMENDS:
9         20A-1-102, as last amended by Chapter 183, Laws of Utah 1997
10         53A-2-109, as last amended by Chapter 77, Laws of Utah 1997
11         68-3-12, as last amended by Chapter 223, Laws of Utah 1994
12    ENACTS:
13         17-35a-101, Utah Code Annotated 1953
14         17-35a-102, Utah Code Annotated 1953
15         17-35a-103, Utah Code Annotated 1953
16         17-35a-201, Utah Code Annotated 1953
17         17-35a-202, Utah Code Annotated 1953
18         17-35a-203, Utah Code Annotated 1953
19         17-35a-204, Utah Code Annotated 1953
20         17-35a-301, Utah Code Annotated 1953
21         17-35a-302, Utah Code Annotated 1953
22         17-35a-303, Utah Code Annotated 1953
23         17-35a-401, Utah Code Annotated 1953
24         17-35a-402, Utah Code Annotated 1953
25         17-35a-403, Utah Code Annotated 1953
26         17-35a-404, Utah Code Annotated 1953
27         17-35a-501, Utah Code Annotated 1953


1         17-35a-502, Utah Code Annotated 1953
2         17-35a-503, Utah Code Annotated 1953
3         17-35a-504, Utah Code Annotated 1953
4         17-35a-505, Utah Code Annotated 1953
5         17-35b-301, Utah Code Annotated 1953
6         17-35b-302, Utah Code Annotated 1953
7         17-35b-303, Utah Code Annotated 1953
8    REPEALS:
9         17-35a-1, as enacted by Chapter 26, Laws of Utah 1973
10         17-35a-2, as last amended by Chapter 227, Laws of Utah 1993
11         17-35a-3, as last amended by Chapter 227, Laws of Utah 1993
12         17-35a-4, as last amended by Chapter 227, Laws of Utah 1993
13         17-35a-5, as last amended by Chapter 227, Laws of Utah 1993
14         17-35a-6, as last amended by Chapter 227, Laws of Utah 1993
15         17-35a-7, as last amended by Chapter 198, Laws of Utah 1996
16         17-35a-8, as last amended by Chapter 60, Laws of Utah 1977
17         17-35a-9, as last amended by Chapters 12 and 147, Laws of Utah 1994
18         17-35a-10, as last amended by Chapters 12 and 147, Laws of Utah 1994
19         17-35a-11, as last amended by Chapter 79, Laws of Utah 1996
20         17-35a-12, as last amended by Chapter 244, Laws of Utah 1987
21         17-35a-12.5, as last amended by Chapter 60, Laws of Utah 1977
22         17-35a-13, as enacted by Chapter 26, Laws of Utah 1973
23         17-35a-14, as last amended by Chapter 219, Laws of Utah 1989
24         17-35a-15, as enacted by Chapter 26, Laws of Utah 1973
25         17-35a-15.5, as enacted by Chapter 244, Laws of Utah 1987
26         17-35a-16, as last amended by Chapter 227, Laws of Utah 1993
27         17-35a-17, as enacted by Chapter 3, Laws of Utah 1987, First Special Session
28    Be it enacted by the Legislature of the state of Utah:
29        Section 1. Section 17-35a-101 is enacted to read:
30    
CHAPTER 35a. OPTIONAL FORMS OF COUNTY GOVERNMENT

31    
Part 1. General Provisions


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1         17-35a-101. Title.
2        This chapter is known as the "Optional Forms of County Government Act."
3        Section 2. Section 17-35a-102 is enacted to read:
4         17-35a-102. Definitions.
5        As used in this chapter:
6        (1) "Appointment council" means a group of persons consisting of:
7        (a) the governor or the governor's designee;
8        (b) the speaker of the House of Representatives or the speaker's designee;
9        (c) the president of the Senate or the president's designee;
10        (d) a resident of the county in which the optional plan is proposed, designated by the
11    county legislative body;
12        (e) a resident of the county in which the optional plan is proposed, designated by majority
13    vote of the mayors of all cities and towns in the county in which the optional plan is proposed; and
14        (f) four other residents of the county in which the optional plan is proposed, designated
15    by majority vote of the five other members of the appointment council.
16        (2) "Optional plan" means a plan establishing an alternate form of government for a county
17    as provided in Section 17-35a-401.
18        (3) "Study committee" means a group of persons:
19        (a) (i) elected pursuant to a resolution adopted under Subsection 17-35a-202(3)(a) or
20    17-35a-203(3)(d)(i)(B) in which the county legislative body specifies that the members should be
21    elected; or
22        (ii) appointed under Section 17-35a-301; and
23        (b) charged with the duties provided in Section 17-35a-303.
24        Section 3. Section 17-35a-103 is enacted to read:
25         17-35a-103. Legislative intent.
26        The Legislature finds and determines that greater economy and efficiency in providing
27    local governmental services can be achieved in certain counties by modernizing the existing form
28    of county government to conform more closely to the needs and desires of their citizens. In order
29    to accomplish this purpose, optional plans establishing alternate forms of citizen representation
30    or alternate forms for the organization, administration, and allocation of governmental powers,
31    duties, functions, and services may be proposed, approved, and placed in operation in counties

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1    wishing to do so.
2        Section 4. Section 17-35a-201 is enacted to read:
3    
Part 2. Procedure

4         17-35a-201. Procedure for initiating adoption of optional plan -- Limitations.
5        (1) An optional plan proposing an alternate form of government for a county may be
6    adopted as provided in this chapter.
7        (2) The process for adopting an optional plan establishing an alternate form of county
8    government may be initiated by:
9        (a) the county legislative body as provided in Section 17-35a-202; or
10        (b) registered voters of the county as provided in Section 17-35a-203.
11        (3) (a) If the process to adopt an optional plan has been initiated under Chapter 26, Laws
12    of Utah 1973, Section 3, 4, or 5, or Section 17-35a-202 or 17-35a-203, the county legislative body
13    may not initiate the process again under Section 17-35a-202 unless the earlier proceeding:
14        (i) has been concluded by the county legislative body rejecting the optional plan;
15        (ii) has been concluded by an affirmative or negative vote of registered voters; or
16        (iii) has not been concluded but has been pending for at least two years.
17        (b) A county legislative body may not initiate the process to adopt an optional plan under
18    Section 17-35a-202 within four years of an election at which voters approved or rejected an
19    optional plan.
20        Section 5. Section 17-35a-202 is enacted to read:
21         17-35a-202. County legislative body initiation of optional plan -- Procedure.
22        (1) A county legislative body may initiate the process of adopting an optional plan by:
23        (a) adopting a resolution of intent as provided in Subsection (2)(a);
24        (b) adopting a resolution to submit to the voters the question of whether a study committee
25    should be established as provided in Subsection (3)(a); or
26        (c) adopting a resolution to approve the establishment of a study committee as provided
27    in Subsection (4)(a).
28        (2) (a) A county legislative body may adopt a resolution indicating its intent to propose
29    the adoption of an optional plan.
30        (b) Each resolution under Subsection (2)(a) shall:
31        (i) contain a general description of the proposed optional plan;

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1        (ii) set a public hearing or series of public hearings on the proposed optional plan; and
2        (iii) require that reasonable notice be given of the public hearing or series of public
3    hearings.
4        (c) A county legislative body may appoint an advisory committee to assist it in preparing
5    the optional plan that the county legislative body intends to propose for adoption.
6        (d) Each county legislative body adopting a resolution under Subsection (2)(a) shall:
7        (i) hold a public hearing or series of public hearings, as the county legislative body
8    determines, on the proposed optional plan beginning no less than 15 days after adoption of the
9    resolution;
10        (ii) beginning the day after the resolution is adopted, maintain at least three complete
11    copies of the proposed optional plan at the office of the county clerk for inspection and copying
12    by the public; and
13        (iii) in each notice or publication of the public hearing or series of public hearings, refer
14    to the complete proposed optional plan and its availability for inspection and copying in the county
15    clerk's office.
16        (e) (i) At the conclusion of the public hearing or series of hearings required under
17    Subsection (2)(d)(i), a county legislative body may adopt a resolution recommending the adoption
18    of the proposed optional plan by registered voters.
19        (ii) Before adopting a resolution under Subsection (2)(e)(i), a county legislative body may
20    modify the proposed optional plan.
21        (iii) Each resolution under Subsection (2)(e)(i) shall provide for submitting the proposed
22    optional plan to the voters at an election held under Section 17-35a-204.
23        (f) Failure to adopt a resolution under Subsection (2)(e)(i) within six months of the
24    adoption of a resolution under Subsection (2)(a) shall be considered a rejection of the proposed
25    optional plan.
26        (g) No later than three months before an election under Section 17-35a-204 , a county
27    legislative body may reconsider its action in proposing an optional plan under this Subsection (2)
28    and terminate the process to adopt the optional plan.
29        (3) (a) As an alternative to the procedure under Subsection (2), a county legislative body
30    may adopt a resolution to submit to the registered voters of the county the question of whether a
31    study committee should be established.

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1        (b) Each resolution adopted under Subsection (3)(a) shall:
2        (i) require the question to be submitted to the registered voters of the county at a general
3    or special election, as the county legislative body determines, no less than 90 days and no more
4    than 180 days after adoption of the resolution under Subsection (3)(a);
5        (ii) specify the number of members of the proposed study committee, subject to Subsection
6    17-35a-303(1)(a), and whether the members are to be elected or appointed; and
7        (iii) if the members are to be elected, provide procedures for the nonpartisan nomination
8    of the members of the proposed study committee and their nonpartisan election at the same
9    election at which the question of the establishment of the study committee is submitted.
10        (c) If the members of the proposed study committee are to be appointed, their appointment
11    shall be governed by Section 17-35a-301.
12        (4) (a) As an alternative to the procedures under Subsections (2) and (3), a county
13    legislative body may adopt a resolution approving the establishment of a study committee with
14    appointed members.
15        (b) Each resolution under Subsection (4)(a) shall:
16        (i) specify the number of members of the study committee, subject to Subsection
17    17-35a-303(1)(a); and
18        (ii) provide for the appointment of the members as provided in Section 17-35a-301.
19        Section 6. Section 17-35a-203 is enacted to read:
20         17-35a-203. Registered voter initiation of optional plan -- Procedure.
21        (1) Registered voters of a county may initiate the process of adopting an optional plan by:
22        (a) filing a petition under Subsection (2); or
23        (b) filing a petition under Subsection (3).
24        (2) (a) Registered voters of a county may file a petition requesting the county legislative
25    body to submit a proposed optional plan to the registered voters of the county.
26        (b) Each petition under Subsection (2)(a) shall:
27        (i) be signed by registered voters residing in the county equal in number to at least 15%
28    of the total number of votes cast in the county at the most recent election for governor;
29        (ii) contain a general description of the proposed optional plan;
30        (iii) indicate that a complete copy of the proposed optional plan is available for inspection
31    and copying at the county clerk's office;

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1        (iv) designate up to five of the petition signers as sponsors, one of whom shall be
2    designated as the contact sponsor, with the mailing address and telephone number of each; and
3        (v) be filed in the office of the clerk of the county in which the petition signers reside.
4        (c) Before circulating a petition under Subsection (2)(a) for signature, the petition sponsors
5    shall file with the county clerk at least three complete copies of the proposed optional plan that is
6    the subject of the petition.
7        (d) A county legislative body may not alter an optional plan proposed under this
8    Subsection (2).
9        (e) Each county legislative body shall hold an election as provided under Section
10    17-35a-204 on a petition filed under this Subsection (2) that is certified under Subsection (4)(a)(ii).
11        (3) (a) Registered voters of a county may file a petition requesting the county legislative
12    body to adopt a resolution for the establishment of a study committee.
13        (b) Each petition under Subsection (3)(a) shall:
14        (i) request the county legislative body to choose between:
15        (A) adopting a resolution that establishes a study committee with members appointed
16    under Section 17-35a-301; or
17        (B) adopting a resolution submitting to the county's registered voters the question of
18    whether a study committee should be established;
19        (ii) be signed by registered voters residing in the county equal in number to at least 10%
20    of the total number of votes cast in the county at the most recent election for governor;
21        (iii) designate up to five of the petition signers as sponsors, one of whom shall be
22    designated as the contact sponsor, with the mailing address and telephone number of each; and
23        (iv) be filed in the office of the clerk of the county in which the petition signers reside.
24        (c) (i) Within 90 days of the certification of the petition under Subsection (4)(a)(ii)(A), the
25    county legislative body shall hold a public hearing or series of public hearings, as the county
26    legislative body determines, on the petition.
27        (ii) The county legislative body shall give reasonable advance notice of the public hearing
28    or series of public hearings under Subsection (3)(c)(i).
29        (d) (i) At the conclusion of the public hearing or series of public hearings required under
30    Subsection (3)(c)(i), the county legislative body shall:
31        (A) adopt a resolution approving the establishment of a study committee with members

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1    appointed under Section 17-35a-301 and specifying the number of members to be appointed,
2    subject to Subsection 17-35a-303(1)(a); or
3        (B) adopt a resolution submitting to the county's registered voters the question of whether
4    a study committee under Section 17-35a-301 should be established.
5        (ii) Each resolution under Subsection (3)(d)(i)(B) shall comply with the requirements of
6    Subsection 17-35a-202(3)(b).
7        (4) (a) Within 30 days of the filing of a petition under Subsection (2)(a) or (3)(a), the
8    county clerk shall:
9        (i) determine whether the petition has been signed by the required number of registered
10    voters; and
11        (ii) (A) if so:
12        (I) certify the petition and deliver it to the county legislative body; and
13        (II) notify in writing the contact sponsor of the certification; or
14        (B) if not, reject the petition and notify in writing the county legislative body and the
15    contact sponsor of the rejection and the reasons for the rejection.
16        (b) (i) If a county clerk rejects a petition under Subsection (4)(a)(ii)(B), the petition may
17    be amended or supplemented with additional signatures and refiled within 20 days of the date of
18    rejection.
19        (ii) The county clerk shall certify or reject an amended or supplemented petition under
20    Subsection (4)(b)(i) in accordance with the provisions of Subsection (4)(a).
21        Section 7. Section 17-35a-204 is enacted to read:
22         17-35a-204. Election on proposed optional plan -- Procedure.
23        (1) The county legislative body shall hold an election if an optional plan is proposed:
24        (a) by a resolution adopted under Subsection 17-35a-202(2)(e);
25        (b) in a petition filed under Subsection 17-35a-203(2)(a) that is certified under Subsection
26    17-35a-203(4)(a)(ii); or
27        (c) in a study committee report filed under Subsection 17-35a-303(3)(d).
28        (2) Each election under Subsection (1) shall be held at a general or special election, as
29    designated by the county legislative body, no less than three months but no later than 18 months
30    after, as the case may be:
31        (a) adoption of a resolution under Subsection 17-35a-202(2)(e);

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1        (b) certification of a petition filed under Subsection 17-35a-203(2)(a); or
2        (c) the filing of a study committee report under Subsection 17-35a-303(3)(d).
3        (3) The county legislative body shall prepare the ballot for each election under Subsection
4    (1) so that the question on the ballot:
5        (a) clearly, accurately, and impartially presents the proposition to be voted on; and
6        (b) does not constitute an argument or create prejudice for or against the proposition.
7        (4) The county legislative body shall:
8        (a) cause the complete text of the proposed optional plan to be published in a newspaper
9    of general circulation within the county at least once during two different calendar weeks within
10    the 30-day period immediately before the date of the election under Subsection (1);
11        (b) make a complete copy of the optional plan available free of charge to any member of
12    the public who requests a copy; and
13        (c) if the optional plan is proposed by a study committee report filed under Subsection
14    17-35a-303(3)(d), make a complete copy of the study committee's report available free of charge
15    to any member of the public who requests a copy.
16        Section 8. Section 17-35a-301 is enacted to read:
17    
Part 3. Study Committee

18         17-35a-301. Procedure for appointing members to study committee.
19        (1) Each appointed member of a study committee shall be appointed by an appointment
20    council as provided in this section.
21        (2) (a) The county legislative body shall convene a meeting of the five members of the
22    appointment council referred to in Subsections 17-35a-102(1)(a), (b), (c), (d), and (e), within ten
23    days of:
24        (i) the adoption of a resolution under Subsection 17-35a-202(4)(a) or
25    17-35a-203(3)(d)(i)(A); or
26        (ii) the canvass of an election pursuant to a resolution adopted under Subsection
27    17-35a-202(3)(a) or 17-35a-203(3)(d)(i)(B) if:
28        (A) the resolution specified that study committee members would be appointed; and
29        (B) a majority of those voting voted in favor of establishing a study committee.
30        (b) Within ten days of the convening of the first meeting under Subsection (2)(a), the five
31    members of the appointment council shall designate the remaining four members referred to in

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1    Subsection 17-35a-102(1)(f).
2        (3) (a) Within 30 days of the designation of the remaining four members under Subsection
3    (2)(b), the appointment council shall:
4        (i) appoint the members to the study committee; and
5        (ii) notify in writing the appointees and the county legislative body of the appointments.
6        (b) In making appointments to the study committee, the appointment council shall work
7    to achieve a broadly representative membership.
8        (c) The appointment council may not appoint a person to the study committee unless that
9    person:
10        (i) is a registered voter in the county whose form of government will be studied by the
11    study committee; and
12        (ii) does not hold any public office or employment other than membership on the
13    appointment council.
14        Section 9. Section 17-35a-302 is enacted to read:
15         17-35a-302. Convening of first meeting of study committee.
16        The county legislative body shall convene the first meeting of the study committee within
17    ten days of:
18        (1) receipt of notification of the study committee members' appointment under Subsection
19    17-35a-301(3)(a); or
20        (2) the canvass of an election at which study committee members were elected pursuant
21    to a resolution adopted under Subsection 17-35a-202(3)(a) or 17-35a-203(3)(d)(i)(B).
22        Section 10. Section 17-35a-303 is enacted to read:
23         17-35a-303. Study committee -- Members -- Powers and duties -- Report -- Services
24     provided by county.
25        (1) (a) Each study committee shall consist of at least seven but no more than 11 members.
26        (b) A member of a study committee may not receive compensation for service on the
27    committee.
28        (c) The county legislative body shall reimburse each member of a study committee for
29    necessary expenses incurred in performing the member's duties on the study committee.
30        (2) A study committee may:
31        (a) adopt rules for its own organization and procedure and to fill a vacancy in its

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1    membership;
2        (b) establish advisory boards or committees and include on them persons who are not
3    members of the study committee; and
4        (c) request the assistance and advice of any officers or employees of any agency of state
5    or local government.
6        (3) Each study committee shall:
7        (a) study the form of government within the county and compare it with other forms
8    available under this chapter;
9        (b) determine whether the administration of local government in the county could be
10    strengthened, made more clearly responsive or accountable to the people, or significantly improved
11    in the interest of economy and efficiency by a change in the form of county government;
12        (c) hold public hearings and community forums and other means the committee considers
13    appropriate to disseminate information and stimulate public discussion of the committee's
14    purposes, progress, and conclusions; and
15        (d) file a written report of its findings and recommendations with the county legislative
16    body no later than one year after the convening of its first meeting under Section 17-35a-302.
17        (4) Each study committee report under Subsection (3)(d) shall include:
18        (a) the study committee's recommendation as to whether the form of county government
19    should be changed to an optional form authorized under this chapter;
20        (b) if the study committee recommends changing the form of government, a complete
21    detailed draft of a proposed plan to change the form of county government, including all necessary
22    implementing provisions; and
23        (c) any additional recommendations the study committee considers appropriate to improve
24    the efficiency and economy of the administration of local government within the county.
25        (5) (a) If the study committee's report recommends a change in the form of county
26    government, the study committee may conduct additional public hearings after filing the report
27    under Subsection (3)(d) and, following the hearings and subject to Subsection (5)(b), alter the
28    report.
29        (b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration
30    to the report:
31        (i) that would recommend the adoption of an optional form different from that

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1    recommended in the original report; or
2        (ii) within the 120-day period before the election under Section 17-35a-204.
3        (6) Each meeting held by the study committee shall comply with Title 52, Chapter 4, Open
4    and Public Meetings.
5        (7) The county legislative body shall provide for the study committee:
6        (a) suitable meeting facilities;
7        (b) necessary secretarial services;
8        (c) necessary printing and photocopying services;
9        (d) necessary clerical and staff assistance; and
10        (e) adequate funds for the employment of independent legal counsel and professional
11    consultants that the study committee reasonably determines to be necessary to help the study
12    committee fulfill its duties.
13        Section 11. Section 17-35a-401 is enacted to read:
14    
Part 4. Optional Plan

15         17-35a-401. Contents of proposed optional plan.
16        (1) Each optional plan proposed under this chapter shall:
17        (a) specify the optional form of county government that is being proposed;
18        (b) contain detailed provisions relating to the transition from the existing form of county
19    government to the form proposed in the optional plan, including provisions relating to the:
20        (i) election or appointment of officers specified in the optional plan for the new form of
21    county government;
22        (ii) effect of the optional plan on existing elected offices and officers;
23        (iii) continuity of existing ordinances and regulations;
24        (iv) continuation of pending legislative, administrative, or judicial proceedings;
25        (v) making of interim and temporary appointments; and
26        (vi) preparation, approval, and adjustment of necessary budget appropriations; and
27        (c) provide that the county auditor's role with respect to the county budget is to project
28    county revenues, the county executive's role is to propose the budget, and the county legislative
29    body's role is to adopt the budget.
30        (2) Subject to Subsection (3), an optional plan may include provisions that are considered
31    necessary or advisable to the effective operation of the proposed optional plan.

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1        (3) An optional plan may not include any provision that is inconsistent with or prohibited
2    by the Utah Constitution or any statute.
3        Section 12. Section 17-35a-402 is enacted to read:
4         17-35a-402. Adoption of optional plan -- Effect of adoption.
5        (1) If a proposed optional plan is approved at an election held under Section 17-35a-204:
6        (a) the proposed optional plan becomes effective according to its terms and at the time
7    specified in it, is public record open to inspection by the public, and is judicially noticeable by all
8    courts;
9        (b) the county clerk shall, within ten days of the canvass of the election, file with the
10    lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct copy;
11        (c) all public officers and employees shall cooperate fully in making the transition between
12    forms of county government; and
13        (d) the county legislative body may enact and enforce necessary ordinances to bring about
14    an orderly transition to the new form of government, including any transfer of power, records,
15    documents, properties, assets, funds, liabilities, or personnel that are consistent with the approved
16    optional plan and necessary or convenient to place it into full effect.
17        (2) Adoption of an optional plan changing the form of county government does not alter
18    or affect the boundaries, organization, powers, duties, or functions of any:
19        (a) school district;
20        (b) justice court;
21        (c) independent special district established under Title 17A, Chapter 2, Independent
22    Special Districts;
23        (d) city or town; or
24        (e) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
25    Cooperation Act.
26        (3) After the adoption of an optional plan, the county remains vested with all powers and
27    duties vested generally in counties by statute.
28        Section 13. Section 17-35a-403 is enacted to read:
29         17-35a-403. Amendment of optional plan.
30        (1) Subject to Subsection (2), an optional plan, after being adopted at an election held
31    under Section 17-35a-204, may be amended by an affirmative vote of two-thirds of the county

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1    legislative body.
2        (2) Notwithstanding Subsection (1), an amendment to an adopted optional plan may not
3    take effect until approved by a majority of registered voters voting in a general or special election
4    at which the amendment is proposed, if the amendment changes:
5        (a) the size or makeup of the legislative body, except for adjustments necessary due to
6    decennial reapportionment;
7        (b) the distribution of powers between the executive and legislative branches of county
8    government; or
9        (c) the status of the county executive or legislative body from full-time to part-time or vice
10    versa.
11        Section 14. Section 17-35a-404 is enacted to read:
12         17-35a-404. Validation of prior optional plans.
13        (1) Each optional plan adopted before the effective date of this section is hereby validated,
14    ratified, and confirmed.
15        (2) Nothing in this part may be construed to affect or validate an optional plan whose
16    legality is being contested in a court action pending at the time this section takes effect.
17        Section 15. Section 17-35a-501 is enacted to read:
18    
Part 5. Optional Forms of County Government

19         17-35a-501. Optional forms of county government.
20        An optional plan may propose changing the form of county government to:
21        (1) the county commissioner form under Title 17, Chapter 5, Part 1, County Commissioner
22    Form of Government;
23        (2) executive and chief administrative officer form under Section 17-35a-502;
24        (3) the county executive and council form under Section 17-35a-503;
25        (4) the council-manager form under Section 17-35a-504; or
26        (5) the council and county administrative officer form under Section 17-35a-505.
27        Section 16. Section 17-35a-502 is enacted to read:
28         17-35a-502. County executive and chief administrative officer-council form of county
29     government.
30        (1) A county operating under the form of government known as the "county executive and
31    chief administrative officer-council" form shall be governed by the county council, a county

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1    executive elected at large by the voters of the county, an appointed chief administrative officer,
2    and such other officers and employees as are authorized by law. The optional plan shall provide
3    for the qualifications, time and manner of election, term of office, compensation, and removal of
4    the county executive.
5        (2) The county executive shall be the chief executive officer of the county, and shall:
6        (a) direct and organize the management of the county in a manner consistent with the
7    optional plan;
8        (b) carry out programs and policies established by the council;
9        (c) faithfully enforce all applicable laws and county ordinances;
10        (d) exercise supervisory and coordinating control over all departments of county
11    government;
12        (e) except as otherwise provided in the optional plan, appoint, suspend, and remove the
13    directors of all county departments and all appointive officers of boards and commissions;
14        (f) exercise administrative and auditing control over all funds and assets, tangible and
15    intangible, of the county;
16        (g) serve as and perform the duties of the budget officer of the county, as provided in the
17    Uniform Municipal Fiscal Procedures Act, which shall be applicable except as otherwise provided
18    in the optional plan;
19        (h) supervise and direct centralized budgeting, accounting, personnel management,
20    purchasing, and other service functions of the county;
21        (i) conduct planning studies and make recommendations to the council relating to
22    financial, administrative, procedural, and operational plans, programs, and improvements in county
23    government; and
24        (j) exercise a power of veto over ordinances enacted by the council, including an item veto
25    upon budget appropriations, in the manner provided in the optional plan.
26        (3) The chief administrative officer shall be appointed and removed by the county
27    executive, with the approval of the council, except that the plan may specifically provide for his
28    appointment and removal by the council. He shall have the qualifications, training, and experience
29    and receive compensation as provided in the optional plan. He shall be principal staff assistant to
30    the county executive, and under the direction and supervision of the county executive shall:
31        (a) exercise supervisory control over all functions of the executive branch;

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1        (b) study and make recommendations to the county executive with respect to the
2    administration of county affairs and the efficiency and economy of county programs and
3    operations;
4        (c) maintain a continuing review of expenditures and of the effectiveness of departmental
5    budgetary controls;
6        (d) develop systems and procedures, not inconsistent with statutes, for planning,
7    programming, budgeting, and accounting for all activities of the county; and
8        (e) perform any other functions and duties required of him by the optional plan, by any
9    applicable statutes or ordinances, or by the county executive.
10        (4) All powers and duties of the county shall be allocated for administrative and executive
11    purposes to departments of the county as designated by the optional plan. Transfers of employees
12    and reallocation of powers and duties between departments may be made by the county executive
13    in his discretion, except as otherwise provided in the plan or by ordinance.
14        Section 17. Section 17-35a-503 is enacted to read:
15         17-35a-503. County executive-council form of county government.
16        (1) (a) A county operating under the form of government known as the "county
17    executive-council" form shall be governed by the county council, a county executive elected at
18    large by the voters of the county, and such other officers and employees as are authorized by law.
19        (b) The optional plan shall provide for the qualifications, time, and manner of election,
20    term of office, compensation, and removal of the county executive.
21        (2) The county executive shall be the chief executive officer of the county and shall have
22    the powers and duties provided in Subsection 17-35b-502(2).
23        (3) In the county executive-council form of county government, the legislative powers of
24    the county shall be vested in the county council, and the executive powers of the county shall be
25    vested in the county executive.
26        (4) References in any statute or state rule to the "governing body" or the "board of county
27    commissioners" of the county, in the county executive-council form of county government, means:
28        (a) the county council, with respect to legislative functions, duties, and powers; and
29        (b) the county executive, with respect to executive functions, duties, and powers.
30        Section 18. Section 17-35a-504 is enacted to read:
31         17-35a-504. Council-manager form of county government.

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1        (1) A county operating under the form of government known as the "council-manager"
2    form shall be governed by the county council, a county manager appointed by the council, and
3    such other officers and employees as are authorized by law. The optional plan shall provide for the
4    qualifications, time and manner of appointment, term of office, compensation, and removal of the
5    county manager.
6        (2) The county manager shall be the administrative head of the county government and
7    shall have the powers and duties of a county executive, under Subsection 17-35b-502(2), except
8    that the county manager shall not have any power of veto over ordinances enacted by the council.
9        (3) No member of the council shall directly or indirectly, by suggestion or otherwise,
10    attempt to influence or coerce the manager in the making of any appointment or removal of any
11    officer or employee or in the purchase of supplies, attempt to exact any promise relative to any
12    appointment from any candidate for manager, or discuss directly or indirectly with him the matter
13    of specific appointments to any county office or employment. A violation of the foregoing
14    provisions of this Subsection (3) shall forfeit the office of the offending member of the council.
15    Nothing in this section shall be construed, however, as prohibiting the council while in open
16    session from fully and freely discussing with or suggesting to the manager anything pertaining to
17    county affairs or the interests of the county. Neither manager nor any person in the employ of the
18    county shall take part in securing, or contributing any money toward, the nomination or election
19    of any candidate for a county office. The optional plan may provide procedures for implementing
20    this Subsection (3).
21        Section 19. Section 17-35a-505 is enacted to read:
22         17-35a-505. Council-county administrative officer form of county government.
23        (1) A county operating under the form of government known as the "council-county
24    administrative officer" form shall be governed by:
25        (a) a county council;
26        (b) a county administrative officer appointed by the county council; and
27        (c) other officers and employees that are authorized by law.
28        (2) (a) The optional plan submitted to the voters shall require that the county council
29    establish by ordinance, maintain, and keep filled a permanent position of county administrative
30    officer.
31        (b) The optional plan submitted to the voters shall establish the qualifications, time, and

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1    manner of employment, term of office, compensation, and procedures for removal of the county
2    administrative officer.
3        (c) The optional plan submitted to the voters shall require that the county administrative
4    officer be appointed solely on the basis of his abilities, integrity, and prior experience as related
5    to the duties of his office.
6        (d) The optional plan submitted to the voters shall designate the position of county
7    administrative officer as either exempt or not exempt from any applicable county merit system.
8        (3) The county administrative officer shall administer the functions, responsibilities,
9    powers, and duties of his office as set forth in the optional plan adopted by the voters, subject to
10    the direction and control of the county council, and acting as its agent.
11        (4) The county council may assign additional functions, responsibilities, powers, and
12    duties to the county administrative officer that do not conflict with the functions, responsibilities,
13    powers, and duties set forth in the optional plan.
14        Section 20. Section 17-35b-301 is enacted to read:
15    
CHAPTER 35b. CONSOLIDATION OF LOCAL GOVERNMENT UNITS

16    
Part 1. Reserved

17    
Part 2. Reserved

18    
Part 3. Structural Forms of County Government

19         17-35b-301. Urban county form of county government.
20        (1) The structural form of county government known as the "urban county" form retains,
21    without change or modification, except to the extent that changes or modifications may be
22    effectuated under other proceedings authorized by law, all existing incorporated cities and towns,
23    special taxing districts, public authorities, county service areas, and other local public entities
24    functioning within the boundaries of the county. Under this form of government, the county
25    remains vested with all powers and duties vested in counties by general law, but in addition is
26    vested with and empowered to exercise within the unincorporated territory of the county all powers
27    and duties which, by general law, are conferred upon cities whose population is equal to that of
28    the unincorporated territory of such county.
29        (2) The urban county is empowered to enter into contractual arrangements for the joint
30    exercise of powers or for performance of services and, for that purpose, may employ and be
31    subject to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act. By contract, the

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1    urban county may perform for any city, town, special taxing district, public authority, county
2    service area, or other local public entity within the county any governmental service or function
3    which such entity is lawfully empowered to perform for itself within its own territory, or which
4    the county is lawfully empowered to perform anywhere within the county boundaries. No contract
5    service or function shall be performed by the county except for a consideration which is at least
6    substantially equal to the cost of performing it.
7        (3) The plan for an urban county form of county government may provide for organization
8    of the unincorporated territory of the county into one or more county service areas and, for this
9    purpose, may provide for special organizing or implementing procedures which differ from those
10    provided in Title 17A, Chapter 2, Part 4, County Service Areas Act. Except to the extent that the
11    plan provides to the contrary, all noncontract services and functions lawfully performed by the
12    county solely within unincorporated territory and not on a countywide basis shall, after the
13    effective date of the plan, be considered performed and extended solely as services of, and
14    financed by and through, the county service area. The plan may provide for, limit, or condition
15    the services and functions which the urban county is authorized to perform and extend within the
16    territory of incorporated cities and towns within the county and may provide procedures by which
17    such provisions, limits, or conditions may be established and changed from time to time.
18        (4) The plan for the urban county shall provide for the election of a county council,
19    composed of not less than three members. The council shall be the county legislative body and
20    shall exercise all legislative powers authorized by law. The plan shall specify:
21        (a) whether the members of the council are to be elected from districts, at large, or by a
22    combination of district and at-large constituencies;
23        (b) their qualifications and terms of office, and whether such terms are concurrent or
24    overlapping;
25        (c) grounds for and methods for removal of council members from office;
26        (d) procedures for filling vacancies on the council, provided that the procedures shall
27    conform with Sections 17-5-104 and 20A-1-508; and
28        (e) the compensation, if any, of council members together with procedures for prescribing
29    and changing such compensation from time to time.
30        Section 21. Section 17-35b-302 is enacted to read:
31         17-35b-302. Community council form of county government.

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1        (1) The structural form of county government known as the "community council" form
2    unites in a single consolidated city and county government the powers, duties, and functions
3    which, immediately prior to its effective date, are vested in the county, the largest city in the
4    county, such other cities and towns as elect to merge in it, and all special taxing districts, public
5    authorities, county service areas, and other local public entities functioning within the boundaries
6    of the county, except school districts. The consolidated government shall have power to extend on
7    a countywide basis any governmental service or function which is authorized by law or which the
8    previous county, cities, and other local public agencies included therein were empowered to
9    provide for their residents, but no such service shall be provided within an incorporated
10    municipality which continues to provide that service for its own inhabitants, except upon a contract
11    basis for the municipality, and no taxes, assessments, fees, or other charges shall be extended or
12    collected within the municipality for the purpose of financing any service which is not provided
13    by the consolidated government within the municipality. "Largest city," as used in this section,
14    means a city or cities the population of which, as shown by the most recent decennial or special
15    census, exceeds 35% of the total county population.
16        (2) The incorporated cities and towns, other than the largest city, in the county shall retain
17    independent corporate existence and shall continue to provide local services to their inhabitants
18    of the type and to the extent provided in the plan, but any such city or town, by majority vote of
19    its qualified voters, cast either concurrently with the election at which the plan is approved or
20    subsequently to it, as provided by the governing body of the city or town, may cause the city or
21    town to be dissolved and its powers, duties, and functions vested in the countywide government.
22        (3) The county legislative body of the countywide government shall be a council
23    composed of not less than five persons as specified in the plan, elected respectively from
24    communities, which collectively include all of the territory within the county, having boundaries
25    described in the plan embracing substantially equal populations. In addition to other powers
26    vested in the countywide government by law or pursuant to this act, the county council shall have
27    all of the legislative and policymaking powers which it is possible for the governing body of a
28    county or a city to possess and which are not expressly denied by the constitution, by a general law
29    applicable to all cities or all counties, or by a specific restriction in the plan itself.
30        (4) The voters of each community shall elect a community council composed of the
31    community's elected member of the county council, who shall be chairman of the community

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1    council, and not less than two nor more than four additional members elected either from districts
2    of substantially equal population within the community, or at large therein, as may be provided
3    in the plan. A community council shall have the power and duty, in conformity with guidelines
4    prescribed by the county council, to adopt policies and formulate specific programs relating to and
5    defining the kinds and levels of local governmental services necessary to satisfy the needs and
6    desires of the citizens within the community, but a community council shall have no power to
7    engage personnel or to acquire facilities, property, or equipment for the administration or
8    performance of such services. Authorized programs for local governmental services which have
9    been approved by a community council shall be submitted to the county council for
10    implementation and shall be carried into effect by the county council and county executive unless,
11    by a vote of not less than 3/4 of its entire membership, the county council determines that a
12    particular program, in whole or in part, should be rejected as contrary to the general welfare of the
13    county. A community council program for local governmental services within a community:
14        (a) shall include a method or methods for financing such services;
15        (b) may provide for supplying of such services by contract or by joint or cooperative action
16    pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, in which case the community council
17    shall be considered a "public agency" within the meaning of said act; and
18        (c) may provide for supplying of such services through the creation of county service areas
19    pursuant to Title 17A, Chapter 2, Part 4, County Service Area Act.
20        (5) Notwithstanding Subsection (4) of this section, in any community which includes, in
21    whole or in part, the territory of a city or town, no community council program for local
22    government services above the minimum level of area-wide services provided countywide may
23    be submitted to the county council for implementation unless it first is submitted to the governing
24    body of each such city or town for review. Within 30 days after such submission, the governing
25    body of the city or town:
26        (a) may file with the community council a written statement of its comments, suggestions,
27    and recommendations relating to the program, and the community council shall give due
28    consideration thereto; or
29        (b) may, by resolution or ordinance, provide that any designated part of the community
30    council program relating to a service to be provided within the city or town shall be submitted to
31    the voters thereof at a general or special election to be held therein within 60 days after the date

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1    of the resolution or ordinance. Any part of the program submitted to the voters of a city or town
2    under this Subsection (5) shall not be included in the program as submitted to the county council
3    unless it receives an approving vote at such election by majority of all votes cast on the question.
4        (6) Except as provided herein, the qualifications, mode of election, term of office, method
5    of removal, procedure to fill vacancies, compensation, and other appropriate provisions relating
6    to membership on the county council or community councils shall be provided in the plan.
7        (7) Upon the effective date of the plan and as provided in it, all properties and assets,
8    whether tangible or intangible, and all obligations, debts, and liabilities, of those governmental
9    entities which are merged into the new countywide government shall become vested and
10    transferred by operation of law in and to the new countywide government. The properties, assets,
11    obligations, debts, and liabilities of any city or town not merged into the new countywide
12    government, so far as allocated, used, or incurred primarily to discharge a function which under
13    the plan will no longer be a responsibility of the city or town, shall likewise be vested in and
14    transferred to the new countywide government. All transfers under this Subsection (7) shall be
15    subject to equitable adjustments, conditions, and limitations provided in the plan and determined
16    by procedures specified in the plan; but the contractual rights of any bondholder or creditor shall
17    not be impaired.
18        (8) Upon the effective date of the plan and as provided in it, nonelective officers and
19    employees of governmental entities which are merged into the new countywide government and
20    such officers and employees of nonmerged cities or towns whose qualifications and duties relate
21    primarily to functions which under the plan will no longer be a responsibility of those cities or
22    towns, shall be blanketed in and transferred to the new countywide government as officers and
23    employees of it. Standards and procedures relating to such personnel transfers, and for resolving
24    disputes or grievances relating thereto, shall be provided in the plan.
25        Section 22. Section 17-35b-303 is enacted to read:
26         17-35b-303. Consolidated city and county -- Structural form.
27        (1) The structural form of county government known as the "consolidated city and county"
28    form unites in a single consolidated city and county government the powers, duties, and functions
29    which, immediately prior to its effective date, are vested in the county, the largest city in the
30    county, such other cities and towns as elect to merge in it, and all special taxing districts, public
31    authorities, county service areas, and other local public entities functioning within the boundaries

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1    of the county, except school districts. The consolidated government shall with the consent of the
2    continuing municipalities have power to extend on a countywide basis any governmental service
3    or function which is authorized by law or which the previous county, cities, and other local public
4    agencies included in them were empowered to provide for their residents. No such service,
5    however, shall be provided within an incorporated municipality which continues to provide that
6    such service for its own inhabitants, except upon a contract basis for the municipality. No taxes,
7    assessments, fees, or other charges shall be extended or collected by the consolidated government
8    within any municipality for the purpose of financing any service which is not provided by the
9    consolidated government within the municipality. "Largest city," as used in this section, means
10    a city or cities the population of which, as shown by the most recent decennial or special census,
11    exceeds 35% of the total county population.
12        (2) The incorporated cities and towns, other than the largest city in the county, shall retain
13    independent corporate existence and shall continue to provide local services to their inhabitants
14    of the type and to the extent provided in the plan; but any such city or town by majority vote of
15    its qualified voters cast either concurrently with the election at which the plan is approved or
16    subsequently to it, as provided by the governing body of the city or town, may cause the city or
17    town to be dissolved and its powers, duties, and functions vested in the consolidated government.
18        (3) The governing body of the consolidated government shall be a council composed of
19    not less than five persons elected as specified in the plan. In addition to other powers vested in the
20    consolidated government by law or pursuant to this act, the county council shall have all the
21    legislative and policymaking powers which it is possible for the governing body of a county or a
22    city to possess and which are not expressly denied by the constitution, by general law applicable
23    to all cities or all counties, or by a specific restriction in the plan itself.
24        (4) Except as provided in this act, the qualifications, mode of election, term of office,
25    method of removal, procedure to fill vacancies, compensation, or other appropriate provisions
26    relating to membership on the county council shall be provided in the plan.
27        (5) Upon the effective date of the plan, as provided in it, all properties and assets, whether
28    tangible or intangible, and all obligations, debts, and liabilities of those governmental entities
29    which are merged into the consolidated government shall become vested and transferred by
30    operation of law in and to the consolidated government. The properties, assets, obligations, debts,
31    and liabilities of any city or town not merged into the consolidated government, so far as allocated,

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1    used, or incurred primarily to discharge a function which under the plan will no longer be a
2    responsibility of the city or town, shall likewise be vested in and transferred to the consolidated
3    government. All transfers under this Subsection (5) shall be subject to equitable adjustments,
4    conditions, and limitations provided in the plan and determined by procedures specified in the
5    plan; but the contractual rights of any bondholder or creditor shall not be impaired.
6        (6) Upon the effective date of the plan, and as provided in it, nonelective officers and
7    employees of the governmental entities which are merged into the consolidated government and
8    such officers and employees of nonmerged cities or towns whose qualifications and duties relate
9    primarily to functions which under the plan will no longer be a responsibility of those cities or
10    towns shall be blanketed in and transferred to the consolidated government as officers and
11    employees of it. Standards and procedures relating to such personnel transfers and for resolving
12    disputes or grievances relating to them shall be provided in the plan.
13        Section 23. Section 20A-1-102 is amended to read:
14         20A-1-102. Definitions.
15        As used in this title:
16        (1) "Active voter" means a registered voter who has not been classified as an inactive voter
17    by the county clerk.
18        (2) "Automatic tabulating equipment" means apparatus that automatically examines and
19    counts votes recorded on paper ballots or ballot cards and tabulates the results.
20        (3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
21    votes and includes ballot cards, paper ballots, and secrecy envelopes.
22        (4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
23        (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain
24    the names of offices and candidates and statements of ballot propositions to be voted on and which
25    are used in conjunction with ballot cards.
26        (6) "Ballot proposition" means constitutional amendments, initiatives, referenda, judicial
27    retention questions, opinion questions, and other questions submitted to the voters for their
28    approval or rejection.
29        (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
30    20A-4-306 to canvass election returns.
31        (8) "Book voter registration form" means voter registration forms contained in a bound

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1    book that are used by election officers and registration agents to register persons to vote.
2        (9) "Bond election" means an election held for the sole purpose of approving or rejecting
3    the proposed issuance of bonds by a government entity.
4        (10) "By-mail voter registration form" means a voter registration form designed to be
5    completed by the voter and mailed to the election officer.
6        (11) "Canvass" means the review of election returns and the official declaration of election
7    results by the board of canvassers.
8        (12) "Canvassing judge" means an election judge designated to assist in counting ballots
9    at the canvass.
10        (13) "Convention" means the political party convention at which party officers and
11    delegates are selected.
12        (14) "Counting center" means one or more locations selected by the election officer in
13    charge of the election for the automatic counting of ballots.
14        (15) "Counting judge" means a judge designated to count the ballots during election day.
15        (16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201
16    to witness the counting of ballots.
17        (17) "Counting room" means a suitable and convenient private place or room, immediately
18    adjoining the place where the election is being held, for use by the counting judges to count ballots
19    during election day.
20        (18) "County executive" means:
21        (a) the county commission in the traditional [management arrangement] form of
22    government established by Section 17-4-2 and Title 17, Chapter 5, County Commissioners and
23    Legislative Bodies;
24        (b) the county executive in the county executive and chief administrative officer-council
25    optional form of [management arrangement] government authorized by Section [17-35a-13]
26    17-35a-502;
27        (c) the county executive in the county executive-council optional form of [management
28    arrangement] government authorized by Section [17-35a-14] 17-35a-503;
29        (d) the county council in the council-manager optional form of [management arrangement]
30    government authorized by Section [17-35a-15] 17-35a-504; and
31        (e) the county council in the council-county administrative officer optional form of

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1    [management arrangement] government authorized by Section [17-35a-15.5] 17-35a-505.
2        (19) "County legislative body" means:
3        (a) the county commission in the traditional [management arrangement] form of
4    government established by Section 17-4-2 and Title 17, Chapter 5;
5        (b) the county council in the county executive and chief administrative officer-council
6    optional form of [management arrangement] government authorized by Section [17-35a-13]
7    17-35a-502;
8        (c) the county council in the county executive-council optional form of [management
9    arrangement] government authorized by Section [17-35a-14] 17-35a-503;
10        (d) the county council in the council-manager optional form of [management arrangement]
11    government authorized by Section [17-35a-15] 17-35a-504; and
12        (e) the county council in the council-county administrative officer optional form of
13    [management arrangement] government authorized by Section [17-35a-15.5] 17-35a-505.
14        (20) "County officers" means those county officers that are required by law to be elected.
15        (21) "Election" means a regular general election, a municipal general election, a statewide
16    special election, a local special election, a regular primary election, a municipal primary election,
17    and a special district election.
18        (22) "Election cycle" means the period beginning on the first day persons are eligible to
19    file declarations of candidacy and ending when the canvass is completed.
20        (23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
21        (24) "Election officer" means:
22        (a) the lieutenant governor, for all statewide ballots;
23        (b) the county clerk or clerks for all county ballots;
24        (c) the municipal clerk for all municipal ballots; and
25        (d) the special district clerk or chief executive officer for all special district ballots that are
26    not part of a statewide, county, or municipal ballot.
27        (25) "Election official" means any election officer, election judge, or satellite registrar.
28        (26) "Election returns" includes the pollbook, all affidavits of registration, the military and
29    overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
30    absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
31    ballot disposition form, and the total votes cast form.

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1        (27) "Electronic voting system" means a system in which a voting device is used in
2    conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
3    tabulating equipment.
4        (28) "Inactive voter" means a registered voter who has been sent the notice required by
5    Section 20A-2-306 and who has failed to respond to that notice.
6        (29) "Inspecting poll watcher" means a person selected as provided in this title to witness
7    the receipt and safe deposit of voted and counted ballots.
8        (30) "Judicial office" means the office filled by any judicial officer.
9        (31) "Judicial officer" means any justice or judge of a court of record or any county court
10    judge.
11        (32) "Local election" means a regular municipal election, a local special election, a special
12    district election, and a bond election.
13        (33) "Local political subdivision" means a county, a municipality, a special district, or a
14    local school district.
15        (34) "Local special election" means a special election called by the governing body of a
16    local political subdivision in which all registered voters of the local political subdivision may vote.
17        (35) "Municipal executive" means:
18        (a) the city commission, city council, or town council in the traditional management
19    arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
20        (b) the mayor in the council-mayor optional form of government defined in Section
21    10-3-1209; and
22        (c) the manager in the council-manager optional form of government defined in Section
23    10-3-1209.
24        (36) "Municipal general election" means the election held in municipalities and special
25    districts on the first Tuesday after the first Monday in November of each odd-numbered year for
26    the purposes established in Section 20A-1-202.
27        (37) "Municipal legislative body" means:
28        (a) the city commission, city council, or town council in the traditional management
29    arrangement established by Title 10, Chapter 3, Part 1;
30        (b) the municipal council in the council-mayor optional form of government defined in
31    Section 10-3-1209; and

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1        (c) the municipal council in the council-manager optional form of government defined in
2    Section 10-3-1209.
3        (38) "Municipal officers" means those municipal officers that are required by law to be
4    elected.
5        (39) "Municipal primary election" means an election held to nominate candidates for
6    municipal office.
7        (40) "Official ballot" means the ballots distributed by the election officer to the election
8    judges to be given to voters to record their votes.
9        (41) "Official endorsement" means:
10        (a) the information on the ballot that identifies:
11        (i) the ballot as an official ballot;
12        (ii) the date of the election; and
13        (iii) the facsimile signature of the election officer; and
14        (b) the information on the ballot stub that identifies:
15        (i) the election judge's initials; and
16        (ii) the ballot number.
17        (42) "Official register" means the book furnished election officials by the election officer
18    that contains the information required by Section 20A-5-401.
19        (43) "Paper ballot" means a paper that contains:
20        (a) the names of offices and candidates and statements of ballot propositions to be voted
21    on; and
22        (b) spaces for the voter to record his vote for each office and for or against each ballot
23    proposition.
24        (44) "Political party" means an organization of registered voters that has qualified to
25    participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
26    Formation and Procedures.
27        (45) "Polling place" means the building where residents of a voting precinct vote.
28        (46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
29    which the voter marks his choice.
30        (47) "Posting list" means a list of registered voters within a voting precinct.
31        (48) "Primary convention" means the political party conventions at which nominees for

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1    the regular primary election are selected.
2        (49) "Protective counter" means a separate counter, which cannot be reset, that is built into
3    a voting machine and records the total number of movements of the operating lever.
4        (50) "Qualify" or "qualified" means to take the oath of office and begin performing the
5    duties of the position for which the person was elected.
6        (51) "Receiving judge" means the election judge that checks the voter's name in the
7    official register, provides the voter with a ballot, and removes the ballot stub from the ballot after
8    the voter has voted.
9        (52) "Registration days" means the days designated in Section 20A-2-203 when a voter
10    may register to vote with a satellite registrar.
11        (53) "Registration form" means a book voter registration form and a by-mail voter
12    registration form.
13        (54) "Regular general election" means the election held throughout the state on the first
14    Tuesday after the first Monday in November of each even-numbered year for the purposes
15    established in Section 20A-1-201.
16        (55) "Regular primary election" means the election on the fourth Tuesday of June of each
17    even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
18    nomination.
19        (56) "Resident" means a person who resides within a specific voting precinct in Utah.
20        (57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
21    distributed as provided in Section 20A-5-405.
22        (58) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
23    voters and perform other duties.
24        (59) "Scratch vote" means to mark or punch the straight party ticket and then mark or
25    punch the ballot for one or more candidates who are members of different political parties.
26        (60) "Secrecy envelope" means the envelope given to a voter along with the ballot into
27    which the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's
28    vote.
29        (61) "Special election" means an election held as authorized by Section 20A-1-204.
30        (62) "Special district" means those local government entities created under the authority
31    of Title 17A.

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1        (63) "Special district officers" means those special district officers that are required by law
2    to be elected.
3        (64) "Spoiled ballot" means each ballot that:
4        (a) is spoiled by the voter;
5        (b) is unable to be voted because it was spoiled by the printer or the election judge; or
6        (c) lacks the official endorsement.
7        (65) "Statewide special election" means a special election called by the governor or the
8    Legislature in which all registered voters in Utah may vote.
9        (66) "Stub" means the detachable part of each ballot.
10        (67) "Substitute ballots" means replacement ballots provided by an election officer to the
11    election judges when the official ballots are lost or stolen.
12        (68) "Ticket" means each list of candidates for each political party or for each group of
13    petitioners.
14        (69) "Transfer case" means the sealed box used to transport voted ballots to the counting
15    center.
16        (70) "Vacancy" means the absence of a person to serve in any position created by statute,
17    whether that absence occurs because of death, disability, disqualification, resignation, or other
18    cause.
19        (71) "Valid write-in candidate" means a candidate who has qualified as a write-in
20    candidate by following the procedures and requirements of this title.
21        (72) "Voter" means a person who meets the requirements of election registration and is
22    registered and is listed in the official register book.
23        (73) "Voting area" means the area within six feet of the voting booths, voting machines,
24    and ballot box.
25        (74) "Voting booth" means the space or compartment within a polling place that is
26    provided for the preparation of ballots and includes the voting machine enclosure or curtain.
27        (75) "Voting device" means:
28        (a) an apparatus in which ballot cards are used in connection with a punch device for
29    piercing the ballots by the voter;
30        (b) a device for marking the ballots with ink or another substance; or
31        (c) any other method for recording votes on ballots so that the ballot may be tabulated by

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1    means of automatic tabulating equipment.
2        (76) "Voting machine" means a machine designed for the sole purpose of recording and
3    tabulating votes cast by voters at an election.
4        (77) "Voting poll watcher" means a person appointed as provided in this title to witness
5    the distribution of ballots and the voting process.
6        (78) "Voting precinct" means the smallest voting unit established as provided by law
7    within which qualified voters vote at one polling place.
8        (79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting
9    poll watcher.
10        (80) "Write-in ballot" means a ballot containing any write-in votes.
11        (81) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
12    according to the procedures established in this title.
13        Section 24. Section 53A-2-109 is amended to read:
14         53A-2-109. Annexation of territory of school district by city -- Attendance options
15     of students -- Adoption of optional form of county government not to affect school districts.
16        (1) (a) If part of the territory of an unincorporated area of a school district is annexed to
17    a city that includes a city school district, the city school district boundaries shall be expanded to
18    include the annexed territory.
19        (b) The city school district shall complete the transition of the unincorporated area into the
20    city school district no later than 36 months from the date of the annexation.
21        (c) Notwithstanding the requirements of Subsection (1)(a), any student actually attending
22    school in a school district in an unincorporated area at the time of annexation may, at the option
23    of the student's parent or guardian, attend school either in the city school district or in the school
24    district in the unincorporated area.
25        (2) Adoption of a plan for an optional form of county government under Section
26    [17-35a-15] 17-35a-504 is not an extension of the boundaries of a city under this chapter, and the
27    adoption may not alter or affect the boundaries, organization, powers, duties, or functions of any
28    school district.
29        Section 25. Section 68-3-12 is amended to read:
30         68-3-12. Rules of construction.
31        (1) In the construction of these statutes, the following general rules shall be observed,

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1    unless such construction would be inconsistent with the manifest intent of the Legislature or
2    repugnant to the context of the statute:
3        (a) The singular number includes the plural, and the plural the singular.
4        (b) Words used in one gender comprehend the other.
5        (c) Words used in the present tense include the future.
6        (2) In the construction of these statutes, the following definitions shall be observed, unless
7    the definition would be inconsistent with the manifest intent of the Legislature, or repugnant to the
8    context of the statute:
9        (a) "Adjudicative proceeding" means:
10        (i) all actions by a board, commission, department, officer, or other administrative unit of
11    the state that determine the legal rights, duties, privileges, immunities, or other legal interests of
12    one or more identifiable persons, including all actions to grant, deny, revoke, suspend, modify,
13    annul, withdraw, or amend an authority, right, or license; and
14        (ii) judicial review of all such actions.
15        (b) "Advisory board," "advisory commission," and "advisory council" means a board,
16    commission, or council that:
17        (i) provides advice and makes recommendations to another person or entity who makes
18    policy for the benefit of the general public;
19        (ii) is created by and whose duties are provided by statute or by executive order; and
20        (iii) performs its duties only under the supervision of another person as provided by
21    statute.
22        (c) "Councilman" includes a town trustee or a city commissioner, and "city commissioner"
23    includes a councilman.
24        (d) "County executive" means:
25        (i) the county commission in the traditional [management arrangement] form of
26    government established by Section 17-4-2 and Title 17, Chapter 5;
27        (ii) the county executive in the "county executive and chief administrative officer-council"
28    optional form of [management arrangement] government authorized by Section [17-35a-13]
29    17-35a-502;
30        (iii) the county executive in the "county executive-council" optional form of [management
31    arrangement] government authorized by Section [17-35a-14] 17-35a-503;

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1        (iv) the county manager in the "council-manager" optional form of [management
2    arrangement] government authorized by Section [17-35a-15] 17-35a-504; and
3        (v) the county council in the "council-county administrative officer" optional form of
4    [management arrangement] government authorized by Section [17-35a-15.5] 17-35a-505.
5        (e) "County legislative body" means:
6        (i) the county commission in the traditional [management arrangement] form of
7    government established by Section 17-4-2 and Title 17, Chapter 5;
8        (ii) the county council in the "county executive and chief administrative officer-council"
9    optional form of [management arrangement] government authorized by Section [17-35a-13]
10    17-35a-502;
11        (iii) the county council in the "county executive-council" optional form of [management
12    arrangement] government authorized by Section [17-35a-14] 17-35a-503;
13        (iv) the county council in the "council-manager" optional form of [management
14    arrangement] government authorized by Section [17-35a-15] 17-35a-504; and
15        (v) the county council in the "council-county administrative officer" optional form of
16    [management arrangement] government authorized by Section [17-35a-15.5] 17-35a-505.
17        (f) "Executor" includes administrator, and the term "administrator" includes executor,
18    when the subject matter justifies such use.
19        (g) "Guardian" includes a person who has qualified as a guardian of a minor or
20    incapacitated person pursuant to testamentary or court appointment and a person who is appointed
21    by a court to manage the estate of a minor or incapacitated person.
22        (h) "Highway" and "road" include public bridges and may be held equivalent to the words
23    "county way," "county road," "common road," and "state road."
24        (i) "Him," "his," and other masculine pronouns include "her," "hers," and similar feminine
25    pronouns unless the context clearly indicates a contrary intent or the subject matter relates clearly
26    and necessarily to the male sex only.
27        (j) "Insane person" include idiots, lunatics, distracted persons, and persons of unsound
28    mind.
29        (k) "Land," "real estate," and "real property" include land, tenements, hereditaments, water
30    rights, possessory rights, and claims.
31        (l) "Man" or "men" when used alone or in conjunction with other syllables as in

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1    "workman," includes "woman" or "women" unless the context clearly indicates a contrary intent
2    or the subject matter relates clearly and necessarily to the male sex only.
3        (m) "Month" means a calendar month, unless otherwise expressed, and the word "year,"
4    or the abbreviation "A.D." is equivalent to the expression "year of our Lord."
5        (n) "Oath" includes "affirmation," and the word "swear" includes "affirm." Every oral
6    statement under oath or affirmation is embraced in the term "testify," and every written one, in the
7    term "depose."
8        (o) "Person" includes individuals, bodies politic and corporate, partnerships, associations,
9    and companies.
10        (p) "Personal property" includes every description of money, goods, chattels, effects,
11    evidences of rights in action, and all written instruments by which any pecuniary obligation, right,
12    or title to property is created, acknowledged, transferred, increased, defeated, discharged, or
13    diminished, and every right or interest therein.
14        (q) "Personal representative," "executor," and "administrator" includes an executor,
15    administrator, successor personal representative, special administrator, and persons who perform
16    substantially the same function under the law governing their status.
17        (r) "Policy board," "policy commission," or "policy council" means a board, commission,
18    or council that:
19        (i) possesses a portion of the sovereign power of the state to enable it to make policy for
20    the benefit of the general public;
21        (ii) is created by and whose duties are provided by the constitution or by statute;
22        (iii) performs its duties according to its own rules without supervision other than under the
23    general control of another person as provided by statute; and
24        (iv) is permanent and continuous and not temporary and occasional.
25        (s) "Population" shall be as shown by the last preceding state or national census, unless
26    otherwise specially provided.
27        (t) "Property" includes both real and personal property.
28        (u) "Review board," "review commission," or "review council" means a board,
29    commission, or council that:
30        (i) possesses a portion of the sovereign power of the state only to the extent to enable it
31    to approve policy made for the benefit of the general public by another body or person;

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1        (ii) is created by and whose duties are provided by statute;
2        (iii) performs its duties according to its own rules without supervision other than under the
3    general control of another person as provided by statute; and
4        (iv) is permanent and continuous and not temporary and occasional.
5        (v) "Sheriff," "county attorney," "district attorney," "clerk," or other words used to denote
6    an executive or ministerial officer, may include any deputy, or other person performing the duties
7    of such officer, either generally or in special cases; and the words "county clerk" may be held to
8    include "clerk of the district court."
9        (w) "Signature" includes any name, mark, or sign written with the intent to authenticate
10    any instrument or writing.
11        (x) "State," when applied to the different parts of the United States, includes the District
12    of Columbia and the territories; and the words "United States" may include the District and the
13    territories.
14        (y) "Town" may mean incorporated town and may include city, and the word "city" may
15    mean incorporated town.
16        (z) "Vessel," when used with reference to shipping, includes steamboats, canal boats, and
17    every structure adapted to be navigated from place to place.
18        (aa) "Will" includes codicils.
19        (bb) "Writ" means an order or precept in writing, issued in the name of the state or of a
20    court or judicial officer; and "process" means a writ or summons issued in the course of judicial
21    proceedings.
22        (cc) "Writing" includes printing, handwriting, and typewriting.
23        Section 26. Repealer.
24        This act repeals:
25        Section 17-35a-1, Legislative intent.
26        Section 17-35a-2, Proceedings for adoption of optional plan -- Initiation proceedings
27     in general.
28        Section 17-35a-3, Proceedings for adoption of optional plan -- Initiation by county
29     legislative body -- Methods.
30        Section 17-35a-4, Proceedings for adoption of optional plan -- Initiation by citizens
31     of county -- Methods.

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1        Section 17-35a-5, Study commission -- Appointment -- Powers and duties -- Meetings
2     -- Final report.
3        Section 17-35a-6, Optional plan -- Proceedings for election -- Operation and effect of
4     passage.
5        Section 17-35a-7, Optional plan -- Provisions to be included -- Effect of adoption --
6     Amendment of plan.
7        Section 17-35a-8, Optional structural forms of government available for adoption.
8        Section 17-35a-9, "General county (modified)" form of county government.
9        Section 17-35a-10, "Urban county" form of county government.
10        Section 17-35a-11, "Community council" form of county government.
11        Section 17-35a-12, Optional forms of management arrangements.
12        Section 17-35a-12.5, Consolidated city and county -- Structural form.
13        Section 17-35a-13, "County executive and chief administrative officer-council" form
14     of management arrangement.
15        Section 17-35a-14, "County executive-council" form of management arrangement.
16        Section 17-35a-15, "Council-manager" form of management arrangement.
17        Section 17-35a-15.5, "Council-county administrative officer" form of county
18     government.
19        Section 17-35a-16, Restricted taxing authority form of county government --
20     Procedure for adoption.
21        Section 17-35a-17, Validation of optional plans already adopted.




Legislative Review Note
    as of 1-20-98 4:24 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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