Second Substitute H.B. 206

Representative Lloyd W. Frandsen proposes to substitute the following bill:

1 CREATING OR CONSOLIDATING COUNTIES
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lloyd W. Frandsen
5 AN ACT RELATING TO COUNTIES; REPEALING PROVISIONS RELATING TO THE
6 CREATION OF A NEW COUNTY; MODIFYING THE PROCEDURE FOR THE CREATION
7 OF A NEW COUNTY; PROVIDING FOR A FEASIBILITY STUDY AND PUBLIC
8 HEARINGS; PROVIDING FOR A TRANSITION COMMITTEE; PROVIDING FOR THE
9 ADMINISTRATION AND DUTIES OF THE TRANSITION COMMITTEE; AND PROVIDING
10 FOR THE CONSOLIDATION OF COUNTIES.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 17-3-201, Utah Code Annotated 1953
14 17-3-202, Utah Code Annotated 1953
15 17-3-203, Utah Code Annotated 1953
16 17-3-204, Utah Code Annotated 1953
17 17-3-205, Utah Code Annotated 1953
18 17-3-206, Utah Code Annotated 1953
19 17-3-207, Utah Code Annotated 1953
20 17-3-208, Utah Code Annotated 1953
21 17-3-209, Utah Code Annotated 1953
22 17-3-210, Utah Code Annotated 1953
23 17-3-211, Utah Code Annotated 1953
24 17-3-212, Utah Code Annotated 1953
25 17-3-213, Utah Code Annotated 1953

26 17-3-214, Utah Code Annotated 1953
27 17-3-215, Utah Code Annotated 1953
28 17-3-301, Utah Code Annotated 1953
29 17-3-302, Utah Code Annotated 1953
30 17-3-303, Utah Code Annotated 1953
31 17-3-304, Utah Code Annotated 1953
32 17-3-305, Utah Code Annotated 1953
33 17-3-306, Utah Code Annotated 1953
34 17-3-307, Utah Code Annotated 1953
35 17-3-308, Utah Code Annotated 1953
36 REPEALS:
37 17-3-1, as last amended by Chapter 227, Laws of Utah 1993
38 17-3-2, as last amended by Chapter 68, Laws of Utah 1984
39 17-3-3, as last amended by Chapter 68, Laws of Utah 1984
40 17-3-4, as last amended by Chapter 227, Laws of Utah 1993
41 17-3-5, as last amended by Chapter 227, Laws of Utah 1993
42 17-3-6, as last amended by Chapter 227, Laws of Utah 1993
43 17-3-7, Utah Code Annotated 1953
44 17-3-8, Utah Code Annotated 1953
45 17-3-9, Utah Code Annotated 1953
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 17-3-201 is enacted to read:
48 CHAPTER 3. CREATION AND CONSOLIDATION OF COUNTIES
49 Part 1. Reserved
50 Part 2. Creating a New County
51 17-3-201. Definitions.
52 As used in this part:
53 (1) "Existing county" means a county that:
54 (a) is already in existence at the time a petition to create a new county is filed under
55 Section 17-3-203 ; and
56 (b) contains some or all of a proposed or future new county.

57 (2) "Feasibility consultant" means a person or firm with expertise in the processes and
58 economics of local government.
59 (3) "Processing clerk" means the clerk of the processing county.
60 (4) "Processing county" means:
61 (a) if the proposed new county is located entirely within the boundaries of an existing
62 county, that existing county; or
63 (b) if the proposed new county is located within more than one county, the existing county
64 that contains the greatest percentage of the land area of the proposed new county.
65 Section 2. Section 17-3-202 is enacted to read:
66 17-3-202. Creating a new county.
67 A new county may be created as provided in this part.
68 Section 3. Section 17-3-203 is enacted to read:
69 17-3-203. Initiation of process to create new county -- Application for feasibility study
70 -- Certification.
71 (1) The process to create a new county is initiated by the filing of an application for a
72 feasibility study with the processing clerk.
73 (2) Each application under Subsection (1) shall:
74 (a) contain the signatures of registered voters residing within the proposed new county
75 equal in number to at least 10% of the number of votes cast within the proposed new county at the
76 last gubernatorial election before the filing of the application;
77 (b) define the boundaries of the proposed new county;
78 (c) designate up to five signers of the application as sponsors, one of whom shall be
79 designated as the contact sponsor, with the mailing address and telephone number of each; and
80 (d) request the processing county to commission a study to determine the feasibility of
81 creating the new county.
82 (3) At the time of filing an application with the processing clerk, the application sponsors
83 shall file a copy of the application with the clerk of each other existing county.
84 (4) Within 45 days after the filing of an application under Subsection (1), the processing
85 clerk shall, with the cooperation and assistance of the clerk of each other existing county:
86 (a) determine whether the application meets the requirements of Subsection (2); and
87 (b) (i) if the processing clerk determines that the application meets the requirements of

88 Subsection (2):
89 (A) certify the application and deliver it to the legislative body of the processing county;
90 (B) mail or deliver written notification of the certification to the contact sponsor; and
91 (C) mail a copy of the certification notification to the clerk of each other existing county;
92 or
93 (ii) if the processing clerk determines that the application fails to meet any of those
94 requirements, reject the application and mail or deliver written notification of the rejection and the
95 reasons for the rejection to the contact sponsor and the legislative body of each existing county.
96 Section 4. Section 17-3-204 is enacted to read:
97 17-3-204. Feasibility consultant -- Selection -- Feasibility study.
98 (1) Within 30 days after certification of an application under Section 17-3-203 , the
99 legislative body of the processing county shall engage the feasibility consultant chosen under
100 Subsection (2) to conduct a study on the feasibility of creating the proposed new county.
101 (2) The feasibility consultant shall be chosen by a majority vote of a selection committee
102 consisting of:
103 (a) a person designated by the legislative body of the processing county, in consultation
104 with the legislative body of each other existing county;
105 (b) a person designated by the application sponsors; and
106 (c) a person designated by the governor.
107 (3) The legislative body of the processing county shall require the feasibility consultant
108 to:
109 (a) complete the feasibility study and submit the written results to the legislative body of
110 each existing county and the contact sponsor no later than 90 days after the feasibility consultant
111 is engaged to conduct the study;
112 (b) submit with the full written results of the feasibility study a summary of the results no
113 more than one page in length; and
114 (c) attend the public hearings under Subsection 17-3-205 (1) and present the feasibility
115 study results and respond to questions from the public about the feasibility study at those hearings.
116 (4) The feasibility study shall consider:
117 (a) the population and population density that would be present in the proposed new
118 county and that would remain in each existing county if the new county is created;

119 (b) the history, geography, geology, and topography of and natural boundaries within and
120 immediately surrounding the proposed new county;
121 (c) the financial impact that the creation of the new county would have on the proposed
122 new county and on each existing county;
123 (d) any other matter the feasibility consultant considers relevant to the proposed new
124 county or to an existing county.
125 (5) Each existing county shall equally share the costs associated with the feasibility study.
126 Section 5. Section 17-3-205 is enacted to read:
127 17-3-205. Public hearings on feasibility study results -- Notice of hearings.
128 (1) The legislative body of each existing county shall, at its next regular meeting after
129 receipt of the results of the feasibility study, schedule at least two public hearings to be held:
130 (a) within the following 60 days;
131 (b) at least seven days apart;
132 (c) in geographically diverse locations within the existing county but at least one of which
133 shall be held in the proposed new county; and
134 (d) for the purpose of allowing:
135 (i) the feasibility consultant to present the results of the feasibility study; and
136 (ii) the public to become informed about the feasibility study results and to ask questions
137 of the feasibility consultant about those results.
138 (2) (a) (i) The clerk of each existing county shall publish notice of the public hearings
139 required under Subsection (1) at least once a week for three successive weeks in a newspaper of
140 general circulation within the existing county.
141 (ii) The last publication of notice required under Subsection (2)(a)(i) shall be at least three
142 days before the first public hearing required under Subsection (1).
143 (b) (i) If there is no newspaper of general circulation within the existing county, the county
144 clerk shall post at least one notice of the hearings per 1,000 population in conspicuous places
145 within the existing county that are most likely to give notice of the hearings to the residents of the
146 county.
147 (ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days before
148 the first hearing under Subsection (1).
149 (c) The notice under Subsections (2)(a) and (b) shall include the feasibility study summary

150 under Subsection 17-3-204 (3)(b) and shall indicate that a full copy of the study is available for
151 inspection and copying at the office of the county clerk.
152 Section 6. Section 17-3-206 is enacted to read:
153 17-3-206. Petition for creation of new county.
154 (1) At any time within 18 months after the completion of the public hearings required
155 under Subsection 17-3-205 (1), a petition for the creation of a new county may be filed in the office
156 of the processing clerk.
157 (2) Each petition under Subsection (1) shall:
158 (a) contain the signatures of:
159 (i) registered voters residing within the proposed new county equal in number to at least
160 25% of the number of votes cast within the proposed new county at the last gubernatorial election
161 before the filing of the petition; and
162 (ii) registered voters residing within each existing county equal in number to at least 25%
163 of the number of votes cast within each respective existing county at the last gubernatorial election
164 before the filing of the petition;
165 (b) state the name of the proposed new county;
166 (c) define the boundaries of the proposed new county as defined in the application for a
167 feasibility study that was the subject of the hearings under Subsection 17-3-205 (1);
168 (d) designate up to five signers of the petition as sponsors, one of whom shall be
169 designated as the contact sponsor, with the mailing address and telephone number of each; and
170 (e) be filed before the first Monday in May of any year.
171 (3) Within ten days after the filing of a petition under Subsection (1), the processing clerk
172 shall send a copy of the petition to the clerk of each other existing county.
173 (4) A signature on an application under Section 17-3-203 may be used toward fulfilling
174 the signature requirement of Subsection (2)(a)(i):
175 (a) if the application under Section 17-3-203 notified the signer in conspicuous language
176 that the signature, unless withdrawn, would also be used for the purpose of a petition to create a
177 new county under this section; and
178 (b) unless the signer files with the clerk of the existing county in which the signer resides
179 a written withdrawal of the signature before the petition under this section is filed with the
180 processing clerk.

181 (5) At the time of filing a petition with the processing clerk, the petition sponsors shall file
182 a copy of the petition with the clerk of each other existing county.
183 (6) Within 45 days after the filing of a petition under this section, the processing clerk
184 shall, with the cooperation and assistance of the clerk of each other existing county:
185 (a) determine whether the petition meets the requirements of Subsection (2); and
186 (b) (i) if the processing clerk determines that the petition meets the requirements of
187 Subsection (2):
188 (A) certify the petition and deliver it to the legislative body of the processing county;
189 (B) mail or deliver written notification of the certification to the contact sponsor; and
190 (C) mail a copy of the certification notification to the clerk of each other existing county;
191 or
192 (ii) if the processing clerk determines that the petition fails to meet any of those
193 requirements, reject the petition and mail or deliver written notification of the rejection and the
194 reasons for the rejection to the contact sponsor and the legislative body of each existing county.
195 Section 7. Section 17-3-207 is enacted to read:
196 17-3-207. Creation of new county -- Election.
197 (1) At the next special election date under Subsection 20A-1-204 (1)(a) that is more than
198 45 days after certification of a petition under Subsection 17-3-206 (6), the legislative body of each
199 existing county shall hold an election on the proposal to create a new county.
200 (2) The legislative body of each existing county shall give reasonable, advance public
201 notice of the election under Subsection (1).
202 (3) The form of ballot in an election under Subsection (1) shall be:
203 For the creation of (insert the name of the proposed new county)
204 Against the creation of (insert the name of the proposed new county)
205 Section 8. Section 17-3-208 is enacted to read:
206 17-3-208. Election returns -- Lieutenant governor certification -- Governor's
207 proclamation.
208 (1) Immediately after the canvass of an election under Subsection 17-3-207 (1) has been
209 completed, the clerk of each existing county shall:
210 (a) prepare a certified abstract of the canvass, seal the certified abstract, and endorse it
211 "election returns"; and

212 (b) deliver the sealed, certified abstract in person or mail it by registered mail to the
213 lieutenant governor.
214 (2) Upon receipt of the certified abstract, the lieutenant governor shall promptly certify the
215 result of the election to the governor.
216 (3) If a majority of those voting from within the proposed new county and a majority of
217 those voting from within each existing county vote in favor of the proposed new county, the
218 governor shall issue a written proclamation that:
219 (a) states the result of the election;
220 (b) declares the creation of the new county, to take effect at noon on the first Monday in
221 January of the year following the election of officers under Section 17-3-210 ;
222 (c) declares the name of the new county, as stated in the petition under Subsection
223 17-3-206 (2)(b);
224 (d) describes the boundaries of the new county and the boundaries of each of the counties
225 from which part of the new county will be taken, as altered by the creation of the new county; and
226 (e) states the judicial district to which the new county will belong.
227 (4) Within three days after issuing a proclamation under Subsection (3), the governor shall
228 mail a copy of the proclamation to the legislative body of each county from which the new county
229 will be taken.
230 Section 9. Section 17-3-209 is enacted to read:
231 17-3-209. Transition committee -- Membership -- Duties.
232 (1) Within 45 days after the issuance of the governor's proclamation under Subsection
233 17-3-208 (3), the legislative body of the processing county shall convene the first meeting of a
234 transition committee consisting of:
235 (a) if the new county will be taken entirely from a single existing county:
236 (i) three persons designated by the legislative body of the existing county within 20 days
237 after the issuance of the governor's proclamation under Subsection 17-3-208 (3);
238 (ii) three residents of the future new county designated by the governor within 20 days
239 after the issuance of the governor's proclamation under Subsection 17-3-208 (3); and
240 (iii) three persons chosen by a majority of the other committee members under Subsections
241 (1)(a)(i) and (ii); or
242 (b) if the new county will be taken from more than one existing county:

243 (i) two persons from each existing county, designated by the legislative body of each
244 respective existing county within 20 days after the issuance of the governor's proclamation under
245 Subsection 17-3-208 (3);
246 (ii) residents of the future new county equal in number to the number of existing counties,
247 designated by the governor within 20 days after the issuance of the governor's proclamation under
248 Subsection 17-3-208 (3); and
249 (iii) persons chosen by a majority of the other committee members under Subsections
250 (1)(b)(i) and (ii), equal in number to the number of existing counties from which the new county
251 will be taken.
252 (2) The transition committee shall elect a chair from its members and establish rules to
253 govern its proceedings.
254 (3) A majority of the members of the transition committee constitutes a quorum, and the
255 action of a majority of a quorum constitutes the action of the transition committee.
256 (4) All meetings of the transition committee shall comply with Title 52, Chapter 4, Open
257 and Public Meetings.
258 (5) Members of the transition committee may not be paid for their service on the
259 committee, but shall be reimbursed all reasonably necessary expenses incurred in serving on the
260 committee.
261 (6) Before the effective date of the new county's creation, the transition committee shall:
262 (a) meet as often as the committee considers necessary;
263 (b) divide and allocate between each existing county and the new county the assets and
264 liabilities of that existing county at the time of the new county's creation;
265 (c) determine the effect of the new county's creation on each dependent special district
266 created under Title 17A, Chapter 3, Dependent Special Districts, that is located partly within one
267 or more of the existing counties and partly within the new county;
268 (d) determine the proper disposition of land title records and other records of each existing
269 county, including whether the existing county or new county should retain the original documents
270 and whether duplicates of the records should be produced for a county that does not retain or
271 obtain possession of the originals;
272 (e) determine all other administrative matters that arise as a result of the creation of a new
273 county and that involve the new county and an existing county;

274 (f) at least 60 days before an election under Section 17-3-210 , designate three
275 municipalities within the future new county to go on the ballot at the election as choices for county
276 seat of the new county; and
277 (g) prepare and distribute publicly a written report of the transition committee's actions
278 under Subsections (6)(b), (c), (d), (e), and (f).
279 (7) In fulfilling its responsibilities under Subsection (6), each transition committee:
280 (a) shall treat each existing county and the new county fairly and equitably, giving
281 preference to no county and proportionately dividing between each existing county and the new
282 county the existing county's assets and liabilities, taking into account differences between the
283 counties in terms of population, population density, infrastructure, geography, size, assessed value
284 of property, and expected revenues from property tax, other taxes, and other revenue sources; and
285 (b) may engage professionals the committee reasonably considers necessary to assist the
286 committee.
287 (8) Each existing county and the new county shall equally bear all expenses of the
288 transition committee.
289 (9) (a) Judicial review of a decision of the transition committee may be sought by:
290 (i) the legislative body of an existing county; or
291 (ii) (A) before the creation of the new county, the members-elect of the legislative body
292 of the new county; or
293 (B) after the creation of the new county, the legislative body of the new county.
294 (b) Each request for judicial review under Subsection (9)(a) shall be filed:
295 (i) within the later of:
296 (A) 30 days after the issuance of the transition committee's report under Subsection (6)(e);
297 or
298 (B) 30 days after the election of officers of the new county under Section 17-3-207 ; and
299 (ii) with the district court that has jurisdiction in the county from which the new county
300 is being created.
301 (c) In an action under Subsection (9)(a), the court shall uphold the decision of the
302 transition committee unless the court determines that the decision is arbitrary, capricious, or illegal.
303 Section 10. Section 17-3-210 is enacted to read:
304 17-3-210. Election to select county seat and to elect officers in new county.

305 (1) On the first Tuesday after the first Monday of November next following the issuance
306 of the governor's proclamation under Subsection 17-3-208 (3), the legislative body of each existing
307 county shall hold an election of voters within the new county to select a county seat and to elect
308 county officers for the new county.
309 (2) Notwithstanding Subsection 20A-9-202 (1), each person intending to become a
310 candidate for a county office to be filled at the election under Subsection (1) shall file a declaration
311 of candidacy within 15 days after the issuance of the governor's proclamation under Subsection
312 17-3-208 (3).
313 (3) The city or town receiving the largest number of votes for county seat in an election
314 under Subsection (1) shall be the seat of the new county.
315 Section 11. Section 17-3-211 is enacted to read:
316 17-3-211. Election code applies -- Election expenses.
317 (1) Except as otherwise provided in this part, the provisions of Title 20A, Election Code,
318 apply to each election under this part.
319 (2) Each existing county and the new county shall equally share all expenses of the
320 elections provided for under this part.
321 Section 12. Section 17-3-212 is enacted to read:
322 17-3-212. Transfer of records -- Expenses shared by counties.
323 (1) On or before the effective date of the creation of a new county, the clerk and recorder
324 of each existing county shall:
325 (a) work with the clerk-elect and recorder-elect of the new county to carry into effect the
326 determination of the transition committee under Subsection 17-3-209 (6)(d); and
327 (b) deliver to the clerk-elect and recorder-elect of the new county:
328 (i) all original records relating to or affecting:
329 (A) elections that have been held within the area of the new county;
330 (B) the creation or operation of dependent special districts created under Title 17A,
331 Chapter 3, Dependent Special Districts, located entirely within the new county; and
332 (C) the creation of independent special districts created under Title 17A, Chapter 2,
333 Independent Special Districts, located entirely within the new county; and
334 (ii) certified copies of records relating to or affecting:
335 (A) elections held in voting precincts located partly in an existing county and partly in the

336 new county;
337 (B) the creation or operation of dependent special districts created under Title 17A,
338 Chapter 3, Dependent Special Districts, located partly in an existing county and partly in the new
339 county; and
340 (C) the creation of independent special districts created under Title 17A, Chapter 2,
341 Independent Special Districts, located partly within an existing county and partly within the new
342 county.
343 (2) The new county shall pay all expenses of copying and transferring records or copies
344 of records from an existing county to the new county.
345 Section 13. Section 17-3-213 is enacted to read:
346 17-3-213. Effect on school districts, special districts, and voting precincts.
347 (1) The creation of a new county under this part does not affect the boundaries of an
348 independent special district, created under Title 17A, Chapter 2, Independent Special Districts, or
349 a school district located within an existing county or the new county.
350 (2) The creation of a new county divides each voting precinct located partly within an
351 existing county and partly within the new county along the boundary separating the two counties.
352 (3) The effect of the creation of a new county on a dependent special district created under
353 Title 17A, Chapter 3, Dependent Special Districts, located partly within an existing county and
354 partly within the new county, shall be determined by the transition committee under Section
355 17-3-206 .
356 Section 14. Section 17-3-214 is enacted to read:
357 17-3-214. Offenses in new county -- Civil and criminal actions.
358 (1) Each offense committed in the area of the new county before the creation of the new
359 county that has not been prosecuted may be prosecuted to judgment and execution in the new
360 county.
361 (2) Each civil or criminal action pending in the district court to which the existing county
362 belongs may continue to be prosecuted in the district court to which the new county belongs,
363 subject to a change of venue as provided by law.
364 Section 15. Section 17-3-215 is enacted to read:
365 17-3-215. Delivery of certified tax list -- Delivery of taxes collected.
366 Upon the effective date of the creation of the new county, the treasurer of each existing

367 county shall deliver to the treasurer of the new county:
368 (1) a certified list of all taxes collected by the treasurer of the existing county for the
369 preceding year upon the property located within the new county; and
370 (2) all taxes collected by the treasurer of the existing county for the preceding year upon
371 property located within the new county, less the new county's pro rata share of the cost of assessing
372 and collecting the taxes and the entire cost of preparing the certified list under Subsection (1).
373 Section 16. Section 17-3-301 is enacted to read:
374 Part 3. Consolidating Counties
375 17-3-301. Consolidation of multiple counties.
376 Two or more contiguous counties may be consolidated into a single new county as provided
377 in this part.
378 Section 17. Section 17-3-302 is enacted to read:
379 17-3-302. Consolidation of counties -- Petition.
380 (1) The process to consolidate more than one county into a single new county is initiated
381 by filing a petition with the clerk of the most populous county of the counties proposed to be
382 consolidated.
383 (2) Each petition under Subsection (1) shall:
384 (a) contain the signatures of registered voters residing within each of the counties proposed
385 to be consolidated equal in number to at least 25% of the number of votes cast within each of the
386 respective counties at the last gubernatorial election before the filing of the petition;
387 (b) state the name of the proposed consolidated county; and
388 (c) be filed before the first Monday in May of any year.
389 (3) Within five days of the filing of a petition under Subsection (1), the clerk of the county
390 in which the petition was filed shall deliver a copy of the petition to the clerk of each other county
391 proposed to be consolidated.
392 Section 18. Section 17-3-303 is enacted to read:
393 17-3-303. Consolidation of counties -- Election.
394 (1) At the next special election date under Subsection 20A-1-204 (1)(a) that is more than
395 45 days after the filing of a petition under Subsection 17-3-302 (1), the legislative body of each of
396 the counties proposed to be consolidated shall hold an election on the proposal to consolidate
397 counties.

398 (2) The legislative body of each of the counties proposed to be consolidated shall give
399 reasonable, advance public notice in its respective county of the election under Subsection (1).
400 (3) The form of ballot in an election under Subsection (1) shall be:
401 For the consolidation of (insert the names of each of the counties proposed to be
402 consolidated) into a single new county known as (insert the proposed name of the proposed
403 consolidated county)
404 Against the consolidation of (insert the names of each of the counties proposed to be
405 consolidated) into a single new county known as (insert the proposed name of the proposed
406 consolidated county)
407 Section 19. Section 17-3-304 is enacted to read:
408 17-3-304. Election returns -- Lieutenant governor certification -- Governor's
409 proclamation.
410 (1) Immediately after the canvass of an election under Subsection 17-3-303 (1) has been
411 completed, the county clerk of each county proposed to be consolidated shall:
412 (a) prepare a certified abstract of the canvass, seal the certified abstract, and endorse it
413 "election returns"; and
414 (b) deliver the sealed, certified abstract in person or mail it by registered mail to the
415 lieutenant governor.
416 (2) Upon receipt of the certified abstract, the lieutenant governor shall promptly certify the
417 result of the election to the governor.
418 (3) If a majority of those voting from each county vote in favor of consolidating the
419 counties into a single county, the governor shall issue a written proclamation that:
420 (a) states the result of the election;
421 (b) declares the consolidation of the multiple counties into a single county, to take effect
422 at 12 noon on the first Monday in January of the year following the election of officers under
423 Section 17-3-305 ;
424 (c) declares the name of the consolidated county, as stated in the petition under Subsection
425 17-3-302 (2)(b);
426 (d) describes the boundaries of the consolidated county; and
427 (e) states the judicial district to which the new county belongs.
428 (4) Within three days after issuing a proclamation under Subsection (3), the governor shall

429 mail a copy of the proclamation to the legislative body of each of the counties to be consolidated.
430 Section 20. Section 17-3-305 is enacted to read:
431 17-3-305. Election to select county seat and to elect officers in consolidated county.
432 (1) On the first Tuesday after the first Monday of November next following the issuance
433 of the governor's proclamation under Subsection 17-3-304 (3), the legislative body of each of the
434 counties to be consolidated shall hold an election to select a county seat and to elect county officers
435 for the new consolidated county.
436 (2) Notwithstanding Subsection 20A-9-202 (1), each person intending to become a
437 candidate for a county office to be filled at the election under Subsection (1) shall file a declaration
438 of candidacy within 15 days after the issuance of the governor's proclamation under Subsection
439 17-3-304 (3).
440 (3) The city or town receiving the largest number of votes for county seat in an election
441 under Subsection (1) shall be the seat of the new county.
442 Section 21. Section 17-3-306 is enacted to read:
443 17-3-306. Election code applies -- Election expenses.
444 (1) Except as otherwise provided in this part, the provisions of Title 20A, Election Code,
445 apply to each election under this part.
446 (2) Each of the counties proposed to be consolidated shall bear their own respective
447 expenses of the elections provided for under this part.
448 Section 22. Section 17-3-307 is enacted to read:
449 17-3-307. Transfer of records -- Expenses -- Transition to consolidated county.
450 (1) On or before the effective date of the consolidation, the legislative body of each of the
451 counties to be consolidated shall deliver to the members-elect of the legislative body of the
452 consolidated county all original records of the respective counties to be consolidated.
453 (2) The new county shall pay all expenses of transferring records from the counties to be
454 consolidated to the consolidated county.
455 (3) The legislative body and all officers and employees of each of the counties to be
456 consolidated shall cooperate and take all steps reasonably necessary for a smooth and orderly
457 transition from separate counties with their separate organizations and structures to a consolidated
458 county with its consolidated organization and structure.
459 Section 23. Section 17-3-308 is enacted to read:

460 17-3-308. Effect of consolidation.
461 (1) Upon consolidation:
462 (a) each of the counties being consolidated are dissolved and lose their separate identity;
463 (b) all assets of each of the counties being consolidated are transferred and belong to the
464 new consolidated county; and
465 (c) all liabilities of each of the counties being consolidated are transferred to and assumed
466 by the new consolidated county.
467 (2) The consolidation of multiple counties under this part does not affect the boundaries
468 of an independent special district, created under Title 17A, Chapter 2, Independent Special
469 Districts, or a school district located within the area of the consolidated county.
470 Section 24. Repealer.
471 This act repeals:
472 Section 17-3-1, By petition -- Election -- Ballots.
473 Section 17-3-2, Election returns transmitted to lieutenant governor.
474 Section 17-3-3, Certification of returns -- Governor's proclamation of creation of new
475 county -- Name -- Judicial district.
476 Section 17-3-4, County seat, selection by election -- First officers -- Election.
477 Section 17-3-5, Records to be transmitted -- Expenses for transcribing and transfer.
478 Section 17-3-6, Effect on precincts and school and other districts -- Indebtedness.
479 Section 17-3-7, Pending civil and criminal actions.
480 Section 17-3-8, Prior offenses.
481 Section 17-3-9, Division of taxes.