First Substitute S.B. 80

Senator David L. Gladwell proposes to substitute the following bill:

1 COUNTY STATUTES REVISION
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Gladwell
5 This act modifies provisions relating to Counties. The act prohibits separate ownership or
6 conveyance of a common area on a recorded plat and contains provisions for how a common
7 area is to be treated for assessment purposes and for purposes of instruments describing a
8 parcel on the plat. The act modifies county and municipal land use and development
9 provisions including county board of adjustment power provisions and conditional use and
10 other appeal provisions. The act directs county legislative bodies to define how their power
11 to consent of appointments takes place and authorizes the delegation of that power to the
12 executive. The act modifies county budget provisions, including the designation of the
13 county budget officer. The act modifies county clerk and county recorder provisions,
14 including provisions relating to the recording of documents. The act modifies county
15 surveyor provisions and requires all survey work to be done by a licensed land surveyor and
16 distinguishes those surveyor functions that may be performed by someone who is not a
17 licensed land surveyor. The act shifts responsibility for approving plats in the county from
18 the legislative body to the executive. The act repeals certain duties of a county treasurer and
19 a county auditor and repeals penalties for a treasurer or auditor who does not fulfill certain
20 duties. The act modifies certain duties of a county treasurer and repeals a provision
21 authorizing the county legislative body to suspend a treasurer who is charged with official
22 misconduct. The act modifies county career service council provisions, allows for the
23 appointment of alternate members of the career service council, modifies the authority of the
24 career service council with respect to appeals of personnel matters, contains provisions
25 relating to district court review of a career service council decision, and allows the

26 appointment of administrative law judges to hear appeals referred by the career service
27 council. The act modifies provisions relating to the office of personnel management and
28 makes the position of director a merit position. The act modifies the procedure for adopting
29 an alternate form of county government, modifies the makeup of the appointment council,
30 eliminates some alternate forms of government, requires an optional plan to be prepared by
31 a study committee before being presented to voters, and replaces the county attorney for the
32 attorney general with respect to a review of the optional plan for compliance with applicable
33 law. The act authorizes the county executive and county legislative body to exercise limited
34 direction and supervision over other county elected officers and modifies executive functions
35 and powers. The act modifies the procedure for electing a county or district attorney under
36 certain circumstances. The act provides for boundary agreements to act as quitclaim deeds
37 under certain circumstances and eliminates a requirement for water right deeds to be
38 transmitted by the county recorder to the state engineer. The act imposes a one-year limit
39 on actions against a county legislative body or county executive for decisions they make. The
40 act also makes technical changes.
41 This act affects sections of Utah Code Annotated 1953 as follows:
42 AMENDS:
43 10-9-804, as last amended by Chapter 209, Laws of Utah 2000
44 10-9-805, as last amended by Chapter 209, Laws of Utah 2000
45 10-9-811, as last amended by Chapter 209, Laws of Utah 2000
46 17-16-7, as last amended by Chapter 139, Laws of Utah 1997
47 17-19-3, as last amended by Chapter 133, Laws of Utah 2000
48 17-19-19, as last amended by Chapter 22, Laws of Utah 1975
49 17-20-1, as last amended by Chapter 153, Laws of Utah 1989
50 17-20-4, as last amended by Chapter 227, Laws of Utah 1993
51 17-21-1, as last amended by Chapter 85, Laws of Utah 1999
52 17-21-6, as last amended by Chapter 85, Laws of Utah 1999
53 17-21-13, as last amended by Chapter 85, Laws of Utah 1999
54 17-21-17, as last amended by Chapter 85, Laws of Utah 1999
55 17-21-19, as last amended by Chapter 85, Laws of Utah 1999
56 17-21-21, as last amended by Chapter 85, Laws of Utah 1999

57 17-21-22, as last amended by Chapter 85, Laws of Utah 1999
58 17-23-1, as last amended by Chapter 133, Laws of Utah 2000
59 17-23-2, as last amended by Chapter 227, Laws of Utah 1993
60 17-23-3, as last amended by Chapter 227, Laws of Utah 1993
61 17-23-5, as last amended by Chapter 227, Laws of Utah 1993
62 17-23-14, as last amended by Chapter 150, Laws of Utah 1995
63 17-23-15, as enacted by Chapter 29, Laws of Utah 1987
64 17-23-16, as enacted by Chapter 29, Laws of Utah 1987
65 17-23-17, as last amended by Chapter 150, Laws of Utah 1995
66 17-23-17.5, as enacted by Chapter 150, Laws of Utah 1995
67 17-23-18, as last amended by Chapter 93, Laws of Utah 1989
68 17-24-1, as last amended by Chapter 207, Laws of Utah 1999
69 17-24-4, as last amended by Chapter 133, Laws of Utah 2000
70 17-24-12, as last amended by Chapter 227, Laws of Utah 1993
71 17-27-103, as last amended by Chapters 34 and 209, Laws of Utah 2000
72 17-27-406, as enacted by Chapter 235, Laws of Utah 1991
73 17-27-702, as last amended by Chapter 179, Laws of Utah 1995
74 17-27-703, as last amended by Chapter 23, Laws of Utah 1992
75 17-27-704, as last amended by Chapter 179, Laws of Utah 1995
76 17-27-708, as last amended by Chapter 291, Laws of Utah 1999
77 17-27-804, as last amended by Chapter 209, Laws of Utah 2000
78 17-27-805, as last amended by Chapter 209, Laws of Utah 2000
79 17-27-806, as last amended by Chapter 209, Laws of Utah 2000
80 17-27-808, as last amended by Chapter 209, Laws of Utah 2000
81 17-27-809, as last amended by Chapter 69, Laws of Utah 1997
82 17-27-810, as last amended by Chapter 179, Laws of Utah 1995
83 17-27-811, as last amended by Chapter 209, Laws of Utah 2000
84 17-27-901, as enacted by Chapter 235, Laws of Utah 1991
85 17-27-1001, as last amended by Chapter 291, Laws of Utah 1999
86 17-33-1, as enacted by Chapter 81, Laws of Utah 1981
87 17-33-4, as last amended by Chapter 182, Laws of Utah 1999

88 17-33-5, as last amended by Chapter 182, Laws of Utah 1999
89 17-33-7, as last amended by Chapter 182, Laws of Utah 1999
90 17-33-8, as last amended by Chapter 146, Laws of Utah 1994
91 17-36-3, as last amended by Chapter 300, Laws of Utah 1999
92 17-50-402, as renumbered and amended by Chapter 133, Laws of Utah 2000
93 17-52-101, as renumbered and amended by Chapter 133, Laws of Utah 2000
94 17-52-102, as enacted by Chapter 133, Laws of Utah 2000
95 17-52-201, as renumbered and amended by Chapter 133, Laws of Utah 2000
96 17-52-202, as renumbered and amended by Chapter 133, Laws of Utah 2000
97 17-52-203, as renumbered and amended by Chapter 133, Laws of Utah 2000
98 17-52-204, as renumbered and amended by Chapter 133, Laws of Utah 2000
99 17-52-205, as renumbered and amended by Chapter 133, Laws of Utah 2000
100 17-52-206, as renumbered and amended by Chapter 133, Laws of Utah 2000
101 17-52-207, as enacted by Chapter 133, Laws of Utah 2000
102 17-52-301, as renumbered and amended by Chapter 133, Laws of Utah 2000
103 17-52-302, as renumbered and amended by Chapter 133, Laws of Utah 2000
104 17-52-303, as renumbered and amended by Chapter 133, Laws of Utah 2000
105 17-52-401, as renumbered and amended by Chapter 133, Laws of Utah 2000
106 17-52-402, as renumbered and amended by Chapter 133, Laws of Utah 2000
107 17-52-403, as renumbered and amended by Chapter 133, Laws of Utah 2000
108 17-53-201, as enacted by Chapter 133, Laws of Utah 2000
109 17-53-301, as enacted by Chapter 133, Laws of Utah 2000
110 17-53-302, as enacted by Chapter 133, Laws of Utah 2000
111 17-53-315, as renumbered and amended by Chapter 133, Laws of Utah 2000
112 20A-1-102, as last amended by Chapters 133 and 328, Laws of Utah 2000
113 20A-6-302, as last amended by Chapter 139, Laws of Utah 1997
114 21-2-3, as last amended by Chapter 79, Laws of Utah 1996
115 57-3-106, as last amended by Chapter 320, Laws of Utah 2000
116 59-2-502, as last amended by Chapter 235, Laws of Utah 1992
117 59-2-1366, as last amended by Chapter 3, Laws of Utah 1988
118 68-3-12, as last amended by Chapter 133, Laws of Utah 2000

119 73-1-10, as last amended by Chapter 36, Laws of Utah 2000
120 78-12-29, as last amended by Chapter 79, Laws of Utah 1996
121 ENACTS:
122 10-9-806.5, Utah Code Annotated 1953
123 17-27-806.5, Utah Code Annotated 1953
124 17-33-4.5, Utah Code Annotated 1953
125 17-52-203.5, Utah Code Annotated 1953
126 17-53-106, Utah Code Annotated 1953
127 17-53-316, Utah Code Annotated 1953
128 17-53-317, Utah Code Annotated 1953
129 57-1-45, Utah Code Annotated 1953
130 REPEALS:
131 17-5-213, as renumbered and amended by Chapter 147, Laws of Utah 1994
132 17-23-4, as last amended by Chapter 33, Laws of Utah 1961
133 17-24-17, as last amended by Chapter 146, Laws of Utah 1994
134 17-52-503, as renumbered and amended by Chapter 133, Laws of Utah 2000
135 17-52-506, as renumbered and amended by Chapter 133, Laws of Utah 2000
136 59-2-1367, as renumbered and amended by Chapter 4, Laws of Utah 1987
137 59-2-1368, as last amended by Chapter 227, Laws of Utah 1993
138 59-2-1369, as renumbered and amended by Chapter 4, Laws of Utah 1987
139 59-2-1370, as last amended by Chapter 3, Laws of Utah 1988
140 59-2-1371, as last amended by Chapter 227, Laws of Utah 1993
141 Be it enacted by the Legislature of the state of Utah:
142 Section 1. Section 10-9-804 is amended to read:
143 10-9-804. Plats required.
144 (1) Unless exempt under Section 10-9-806 or not included in the definition of subdivision
145 under Subsection 10-9-103 (1), whenever any lands are laid out and platted, the owner of those
146 lands shall provide an accurate plat that describes or specifies:
147 (a) the boundaries, course, and dimensions of the parcels of ground;
148 (b) whether the parcels of ground are intended to be used as streets or for other public uses,
149 and whether any areas are reserved for public purposes;

150 (c) the lot or unit reference, the block or building reference, the street or site address, the
151 street name or coordinate address, the acreage or square footage for all parcels, units, or lots, and
152 the length and width of the blocks and lots intended for sale; and
153 (d) existing right-of-way and easement grants of record for underground facilities, as
154 defined in Section 54-8a-2 , and for other utility facilities.
155 (2) (a) The owner of the land shall acknowledge the plat before an officer authorized by
156 law to take the acknowledgement of conveyances of real estate.
157 (b) The surveyor making the plat shall certify it.
158 (c) The owner or operator of the underground and utility facilities shall approve the plat
159 of its property interest if it specifies:
160 (i) the boundary, course, dimensions, and intended use of the right-of-way and easement
161 grants of record;
162 (ii) the location of existing underground and utility facilities; and
163 (iii) any conditions or restrictions governing the location of the facilities within the
164 right-of-way, and easement grants of records, and utility facilities within the subdivision.
165 (d) The legislative body shall approve the plat as provided in this part. Before the
166 legislative body may approve a plat, the owner of the land shall provide the legislative body with
167 a tax clearance indicating that all taxes, interest, and penalties owing on the land have been paid.
168 (3) After the plat has been acknowledged, certified, and approved, the owner of the land
169 shall [file and] record it in the county recorder's office in the county in which the lands platted and
170 laid out are situated.
171 Section 2. Section 10-9-805 is amended to read:
172 10-9-805. Subdivision approval procedure.
173 (1) A person may not submit a plat of a subdivision to the county recorder's office for
174 recording unless a recommendation has been received from the planning commission and:
175 (a) the plat has been approved by:
176 (i) the legislative body of the municipality in which the subdivision is located; or
177 (ii) other officers that the municipal legislative body designates in an ordinance; and
178 (b) the [approvals are] approval is entered in writing on the plat by the mayor or
179 chairperson of the legislative body or by the other officers designated in the ordinance.
180 (2) In municipalities under the council-mayor form of government, Section 10-3-1219.5

181 governs.
182 (3) A subdivision plat recorded without the approval required under this section is void.
183 Section 3. Section 10-9-806.5 is enacted to read:
184 10-9-806.5. Common area parcels on a plat -- No separate ownership -- Ownership
185 interest equally divided among other parcels on plat and included in description of other
186 parcels.
187 (1) A parcel designated as common area on a plat recorded in compliance with this part
188 may not be separately owned or conveyed independent of the other parcels created by the plat.
189 (2) The ownership interest in a parcel described in Subsection (1) shall:
190 (a) for purposes of assessment, be divided equally among all parcels created by the plat,
191 unless a different division of interest for assessment purposes is indicated on the plat or an
192 accompanying document; and
193 (b) be considered to be included in the description of each instrument describing a parcel
194 on the plat by its identifying plat number, even if the common area interest is not explicitly stated
195 in the instrument.
196 Section 4. Section 10-9-811 is amended to read:
197 10-9-811. Prohibited acts.
198 [(1) (a) A county recorder may not record a subdivision plat that has not been approved
199 by the legislative body of the municipality in which the subdivision is located.]
200 [(b) A plat of a subdivision recorded without the approval of the municipal legislative
201 body required by this part is void.]
202 [(2)] (1) (a) An owner of any land located in a subdivision, as defined in this chapter, who
203 transfers or sells any land in that subdivision before a plat of the subdivision has been approved
204 and recorded violates this part for each lot or parcel transferred or sold.
205 (b) The description by metes and bounds in the instrument of transfer or other documents
206 used in the process of selling or transferring does not exempt the transaction from being a violation
207 of Subsection [(2)] (1)(a) or from the penalties or remedies provided in this chapter.
208 (c) Notwithstanding any other provision of this Subsection [(2)] (1), the recording of an
209 instrument of transfer or other document used in the process of selling or transferring real property
210 that violates this part:
211 (i) does not affect the validity of the instrument or other document; and

212 (ii) does not affect whether the property that is the subject of the instrument or other
213 document complies with applicable municipal ordinances on land use and development.
214 [(3)] (2) (a) A municipality may bring an action against an owner to require the property
215 to conform to the provisions of this part or an ordinance enacted under the authority of this part.
216 (b) An action under this Subsection [(3)] (2) may include an injunction, abatement, merger
217 of title, or any other appropriate action or proceeding to prevent, enjoin, or abate the violation.
218 (c) A municipality need only establish the violation to obtain the injunction.
219 Section 5. Section 17-16-7 is amended to read:
220 17-16-7. Deputies -- Appointments -- Liability of principal -- Deputy may serve
221 despite vacancy in office of appointing officer.
222 (1) [Every] (a) A county or precinct officer, including [any] an elected county executive,
223 except a county commissioner or county council member, may, with the consent of the county
224 legislative body, appoint deputies and [assistants] employees as necessary for the discharge of the
225 duties of [his] the officer's office.
226 (b) The county legislative body's consent power under Subsection (1)(a) shall be defined
227 in county ordinance and may include consent by:
228 (i) the budget approval process;
229 (ii) approval of an allocation of a certain number of positions; or
230 (iii) approval or disapproval of the hiring of individual applicants.
231 (c) A county legislative body may by ordinance delegate to the county executive the
232 authority to consent to the appointment of deputies and employees under this Subsection (1).
233 (2) [The county legislative body shall provide the clerk of the district court in those
234 counties where] If the county clerk performs district court clerk functions, the legislative body of
235 that county shall provide the clerk with deputies and [assistants] employees for the business of the
236 district courts as considered necessary and advisable by the judge or judges of the district court,
237 consistent with the level of funding for clerk services from the court administrator's office.
238 (3) (a) Each officer appointing a deputy shall, for each deputy appointed, file a signed
239 writing with the county clerk that memorializes the appointment.
240 (b) The officer appointing the deputy is liable for all official acts of the deputy.
241 (c) If the office of the officer who appointed the deputy becomes vacant, the deputy may
242 continue to serve despite the vacancy.

243 Section 6. Section 17-19-3 is amended to read:
244 17-19-3. Payments -- Notification.
245 (1) (a) Subject to Subsection (1)(b), each [bill, account, or charge] claim incurred by the
246 county and legally examined and allowed and ordered paid by the county executive shall, if
247 approved by the county auditor as to the availability of funds as provided in Section 17-19-1 , be
248 paid by [either]:
249 (i) a warrant drawn by the auditor on the county treasurer in favor of the person entitled
250 to payment; or
251 (ii) a county check or such other payment mechanism as may be adopted pursuant to
252 Chapter 36, Uniform Fiscal Procedures Act for Counties.
253 (b) No [bill, account, or charge shall] claim may be paid until:
254 (i) the auditor:
255 [(i)] (A) receives from the county executive the certified list mentioned in Subsection
256 17-20-1.7 (4); and
257 (B) makes a recommendation regarding payment as provided in Section 17-50-401 ; and
258 (ii) the county executive approves payment of the claim in accordance with the standards
259 and procedures of Section 17-50-401 .
260 (2) Each debt and demand against the county, when the amount is fixed by law and not
261 directed to be audited by some other person or tribunal, shall be paid by either:
262 (a) a warrant drawn by the auditor on the county treasurer; or
263 (b) a check or such other payment mechanism as may be adopted pursuant to Chapter 36,
264 Uniform Fiscal Procedures Act for Counties.
265 (3) (a) The auditor shall distinctly specify on each warrant the liability for which it is made
266 and when the liability accrued. The auditor shall also notify the treasurer of the date, amount, and
267 payee of and number assigned to each warrant issued and the aggregate amount of all
268 contemporaneous payments by warrant.
269 (b) The auditor shall notify the treasurer and the county executive of the amount and payee
270 of all payments to be made by check or other payment mechanism and, if the auditor issues the
271 check or other payment mechanism, the date of and number assigned to each check or other
272 payment mechanism and the aggregate amount of all such contemporaneous payments.
273 Section 7. Section 17-19-19 is amended to read:

274 17-19-19. Budget officer -- Departmental revenue and expenditure reports.
275 [(1) The county auditor or the county clerk in those counties in which the functions of the
276 clerk and auditor are combined shall be and act as budget officer of the county.]
277 (1) (a) Subject to Subsection (1)(b), the budget officer of a county is:
278 (i) except as provided in Subsection (1)(a)(ii), the county auditor; or
279 (ii) in a county in which the functions of clerk and auditor are combined, the county clerk.
280 (b) Notwithstanding Subsection (1)(a), if a county has adopted an optional plan, as defined
281 in Section 17-52-101 , that provides for the county executive to be the county budget officer, the
282 county budget officer is the county executive.
283 (2) Each department for which county funds are appropriated shall file with the county
284 [auditor] budget officer not less than three months before the commencement of each fiscal year
285 on forms furnished by the county [auditor] budget officer a detailed estimate and statement of the
286 revenue and necessary expenditures of [such] the department for the next budget year. The
287 estimate and statement shall set forth the number of persons to be regularly employed; the kinds
288 of service to be performed, the salaries and wages to be paid, the kind of work to be performed and
289 the improvements to be made together with the estimated cost of [such] the service, work and
290 improvements. The statement shall also record performance data expressed in work units, unit
291 costs, man hours, and man years sufficient in detail, content, and scope to permit the county
292 [auditor] budget officer to prepare and process the county budget.
293 (3) In the preparation of the budget, the county [auditor] budget officer and all other county
294 officers are subject to Sections 17-36-1 to 17-36-44 and to the uniform system of budgeting,
295 accounting, and reporting established pursuant thereto.
296 Section 8. Section 17-20-1 is amended to read:
297 17-20-1. County clerk -- District court clerk duties.
298 The county clerk is the clerk of the [governing] legislative body of the county. [He] The
299 clerk shall act as clerk of the district court in secondary counties of the state district court
300 administrative system and those counties not in the system, and shall perform the duties listed in
301 Section 78-3-30 .
302 Section 9. Section 17-20-4 is amended to read:
303 17-20-4. Duties as county clerk.
304 A county clerk shall:

305 (1) issue all marriage licenses and keep a register of marriages as provided by law;
306 (2) execute under [his] the clerk's seal and in the name of and for the county, all deeds and
307 conveyances of all real estate conveyed by the county [pursuant to resolutions of the county
308 legislative body];
309 (3) take and certify acknowledgments and administer oaths;
310 (4) keep a fee book as provided by law; and
311 (5) take charge of and safely keep the seal of the county [clerk], and keep [such] other
312 records and perform [such] other duties as may be prescribed by law.
313 Section 10. Section 17-21-1 is amended to read:
314 17-21-1. Recorder -- Document custody responsibility.
315 The recorder [has custody]:
316 (1) is custodian of[, and shall keep,] all [books,] recorded documents and records[, maps,
317 and papers] required by law[.] to be recorded; and
318 (2) shall establish policies and procedures that the recorder considers necessary to protect
319 recorded documents and records in the recorder's custody, including determining the appropriate
320 method for the public to obtain copies of the public record under Section 17-21-19 and supervision
321 of those who make copies of the public record.
322 Section 11. Section 17-21-6 is amended to read:
323 17-21-6. General duties or recorder -- Records and indexes.
324 (1) [Every] Each recorder shall:
325 (a) keep an entry record, in which the recorder shall, upon acceptance of any instrument,
326 enter the instrument in the order of its reception, the names of the parties to the instrument, its date,
327 the hour, the day of the month and the year of recording, and a brief description, and endorse upon
328 each instrument a number corresponding with the number of the entry;
329 (b) keep a grantors' index, in which the recorder shall index deeds and final judgments or
330 decrees partitioning or affecting the title to or possession of real property, which shall show the
331 entry number of the instrument, the name of each grantor in alphabetical order, the name of the
332 grantee, the date of the instrument, the time of recording, the kind of instrument, the book and
333 page, and a brief description;
334 (c) keep a grantees' index, in which the recorder shall index deeds and final judgments or
335 decrees partitioning or affecting the title to or possession of real property, which shall show the

336 entry number of the instrument, the name of each grantee in alphabetical order, the name of the
337 grantor, the date of the instrument, the time of recording, the kind of instrument, the book and
338 page, and a brief description;
339 (d) keep a mortgagors' index, in which the recorder shall enter all mortgages, deeds of
340 trust, liens, and other instruments in the nature of an encumbrance upon real estate, which shall
341 show the entry number of the instrument, the name of each mortgagor, debtor, or person charged
342 with the encumbrance in alphabetical order, the name of the mortgagee, lien holder, creditor, or
343 claimant, the date of the instrument, the time of recording, the instrument, consideration, the book
344 and page, and a brief description;
345 (e) keep a mortgagees' index, in which the recorder shall enter all mortgages, deeds of
346 trust, liens, and other instruments in the nature of an encumbrance upon real estate, which shall
347 show the entry number of the instrument, the name of each mortgagee, lien holder, creditor, or
348 claimant, in alphabetical order, the name of the mortgagor or person charged with the
349 encumbrance, the date of the instrument, the time of recording, the kind of instrument, the
350 consideration, the book and page, and a brief description;
351 (f) keep a tract index, which shall show by description every instrument recorded, the date
352 and the kind of instrument, the time of recording, and the book and page and entry number;
353 (g) keep an index of recorded maps, plats, and subdivisions;
354 (h) keep an index of powers of attorney[, labeled "powers of attorney,"] showing[: "] the
355 date and time of recording,["] ["]the book,["] ["]the page,["] and ["]the entry number["];
356 (i) keep a miscellaneous index, in which the recorder shall enter all instruments of a
357 miscellaneous character not otherwise provided for in this section, showing[:] ["]the date of
358 recording,["] ["]the book,["] ["]the page,["] ["]the entry number,["] ["]the kind of instrument,["]
359 ["]from,["] ["]to,["] and ["]the parties["];
360 (j) keep an index of judgments[, labeled " judgments," each page divided into columns
361 headed, respectively, "] showing the judgment debtors,["] ["] the judgment creditors,["] ["]the
362 amount of judgment,[" "when recorded,"] the date and time of recording, the satisfaction, and
363 ["when satisfied"] the book, the page, and the entry number; and
364 (k) keep a general recording index in which the recorder shall index all executions and
365 writs of attachment, and any other instruments not required by law to be spread upon the records,
366 and in separate columns the recorder shall enter the names of the plaintiffs in the execution and

367 the names of the defendants in the execution.
368 (2) The recorder shall alphabetically arrange the indexes required by this section and keep
369 a reverse index.
370 (3) The tract index required by Subsection (1)(f) shall be kept so that it shows a true chain
371 of title to each tract or parcel, together with their encumbrances, according to the records of the
372 office.
373 (4) Nothing in this section prevents the recorder from using a single name index if that
374 index includes all of the indexes required by this section.
375 Section 12. Section 17-21-13 is amended to read:
376 17-21-13. Endorsement of book and page -- Return of instrument.
377 (1) (a) The recorder may also endorse upon each instrument, paper, or notice the book and
378 page reference.
379 (b) If the entry number is endorsed on each page of the instrument, the recorder may omit
380 the book and page reference[.]:
381 (i) on the instrument; and
382 (ii) in all indexes required by statute.
383 (c) If the county recorder has elected to omit the book and page reference under Subsection
384 (1)(b), documents presented for recording in that county that are required to recite recording data
385 may omit the book and page reference.
386 (2) The recorder shall return the instrument to the appropriate party.
387 Section 13. Section 17-21-17 is amended to read:
388 17-21-17. Prohibited acts.
389 Upon acceptance of an instrument entitled to be recorded, the recorder may not:
390 [(1) neglect to record the instrument within a reasonable time after accepting it;]
391 [(2)] (1) record [any] the instrument in any manner other than the manner required by this
392 chapter; or
393 [(3)] (2) alter, change, obliterate, or insert any new matter in any instrument of record.
394 Section 14. Section 17-21-19 is amended to read:
395 17-21-19. Records open to inspection -- Copies.
396 (1) All instruments of record and all indexes required by this chapter are open to public
397 inspection [free of charge] during office hours.

398 (2) [Any] Upon payment of the applicable fee, a person [copying or taking notes from]
399 may obtain copies of the public record [in the recorder's office may do so only by pencil,
400 typewriter, photocopy, microfilm, or electronic printout].
401 Section 15. Section 17-21-21 is amended to read:
402 17-21-21. Ownership plats -- Use of geographic information systems or computer
403 systems.
404 (1) The county recorder shall prepare and keep ownership plats drawn to a convenient
405 scale, which show the record owners of each tract of land in the county, together with the
406 dimensions of the tract.
407 (2) The county recorder may not be required to:
408 [(a) trace any title back of apparent ownership as of February 6, 1899, at 12 o'clock noon;]
409 [(b)] (a) show ownership of timeshare units or timeshare estates on ownership plats; or
410 [(c)] (b) show lot or unit ownership on subdivisions or condominium plats or other
411 ownership plats if that information is available through computer systems or other indexes.
412 (3) Nothing in this chapter precludes the use of geographic information systems or
413 computer systems by the recorder if the systems include all of the information required by this
414 section.
415 Section 16. Section 17-21-22 is amended to read:
416 17-21-22. Annual revision -- Reporting changes in ownership to county assessors --
417 Use of geographic information systems or computer systems -- Return of plat books.
418 (1) The county recorder shall:
419 (a) each year, prepare copies of ownership plats and descriptions, showing record owners
420 at noon on January 1;
421 (b) on or before January 15 of each year, transmit the copies to the county assessor;
422 (c) report all changes in recorded ownership of real property made during the first seven
423 months of each calendar year to the county assessor not later than August 15 of that year;
424 (d) for the remainder of the calendar year, report the changes in the ownership of real
425 property that are recorded in the county recorder's office each month on or before the 15th day of
426 the month following the month in which the changes were recorded;
427 (e) transmit the changes of ownership on appropriate forms that show the current owner's
428 name and a full legal description of the property conveyed; and

429 (f) where only a part of the grantor's property is conveyed, transmit an additional form
430 showing a full legal description of the portion retained.
431 (2) Nothing in this chapter precludes the use of geographic information systems or
432 computer systems by the recorder if the systems include all of the information required by this
433 section.
434 [(3) Not later than the first Monday in October of each year, the assessor may return the
435 plat books and descriptions to the recorder for extension, alterations, and carrying to date for the
436 ensuing year.]
437 Section 17. Section 17-23-1 is amended to read:
438 17-23-1. Duties of county surveyor -- Election requirements -- Contract option.
439 (1) (a) The office of the county surveyor in each county shall be filled by election and,
440 except as provided in Subsection (1)(b), the county surveyor shall be a [registered] licensed
441 professional land surveyor in the state.
442 (b) In a county where the office of county surveyor is consolidated with another elected
443 office, [the officeholder need not be a registered professional land surveyor, but] all county
444 surveying work [must] shall be performed by a [registered] licensed professional land surveyor.
445 (c) In a county where there is no elected county surveyor[,]:
446 (i) the county executive or legislative body may, consistent with Section 17-53-313 ,
447 contract with a [registered] licensed professional land surveyor to perform those duties[.];
448 (ii) all county survey work shall be done by a licensed land surveyor;
449 (iii) the county recorder shall assume and perform all statutory functions and duties of the
450 county surveyor related to the retention and maintenance of survey records;
451 (iv) the recorder's office shall act as the county surveyor's office only for the purpose of
452 accepting, retaining, and managing county survey records;
453 (v) the county shall furnish sufficient office space, furniture, stationery, and record books
454 necessary for the county recorder's office to fulfill its functions and duties under Subsection
455 (1)(a)(iv); and
456 (vi) for purposes of this chapter, "county surveyor" means:
457 (A) for purposes of the retention and management of county survey records, the county
458 recorder; and
459 (B) except as provided in Subsection (1)(a)(vi)(A), the licensed land surveyor under

460 contract with the county to perform county surveyor duties.
461 (2) The county surveyor shall execute:
462 (a) all orders directed to the surveyor by any court; and
463 (b) all orders of survey required by the county executive or county legislative body.
464 (3) (a) The surveyor of each county shall:
465 (i) advise the county executive and county legislative body regarding all surveying work;
466 (ii) perform or arrange for the performance of all surveying work for the county;
467 (iii) permanently keep at county government offices at the county seat a fair and accurate
468 record of all surveys made, including legal descriptions and geographic coordinates, all surveys
469 received pursuant to Section 17-23-17 , and all corner files received pursuant to Section
470 17-23-17.5 ;
471 (iv) number progressively all surveys received and state by whom and for whom the
472 surveys were made;
473 (v) deliver a copy of any survey to any person or court requiring the survey after the
474 payment of the fee established by the county legislative body;
475 (vi) ensure that all surveys of legal subdivisions of sections are made according to the
476 [current] United States Manual of Surveying Instructions in effect at the time the survey is
477 completed;
478 (vii) verify the correctness of or establish correct coordinates for all survey reference
479 monuments set in place and shown on all subdivision maps and plats which have a spatial
480 relationship with any section or quarter section corner; and
481 (viii) perform other duties required by law.
482 (b) In arranging for the performance of surveying work for the county under Subsection
483 (3)(a)(ii), a surveyor may comply with Section 17-53-313 .
484 (4) (a) The county surveyor or his designee shall establish all corners of government
485 surveys and reestablish all corners of government surveys where corners have been destroyed and
486 where witness markers or other evidences of the government corners remain so that the corners
487 established by government survey can be positively located.
488 (b) The corners shall be reestablished in the manner provided in Section 17-23-13 for
489 establishing corners.
490 (c) The county surveyor shall keep a separate record of the established and reestablished

491 corners of government surveys, giving the date and names of persons present and shall provide
492 those records to his successor when he vacates his office.
493 (d) Established or reestablished corners shall be recognized as the legal and permanent
494 corners.
495 (5) The county executive or legislative body may direct the county surveyor or his staff
496 to perform engineering and architectural work if the county surveyor or his staff is qualified and
497 licensed to perform that work.
498 Section 18. Section 17-23-2 is amended to read:
499 17-23-2. Office furnishings and supplies -- Filing and indexing fees -- Records
500 remain county property.
501 (1) The county [executive] shall furnish an office, furniture, and all stationery and record
502 books necessary for the surveyor's office.
503 (2) The county legislative body, by ordinance or resolution, may establish the fee to be
504 collected by the county [surveyor] for filing and indexing a map of a survey. Fees for filing of
505 maps under Section 17-23-17 shall be governed by Section 17-23-19 .
506 (3) All records, maps, plats, profiles, calculations, and field notes of all surveys made by
507 the county surveyor in [his] an official capacity during [his] the surveyor's term of office, or by
508 persons designated by [him] the surveyor to do survey work on behalf of the county, or maps of
509 a survey filed under Section 17-23-17 , shall be the property of the county, open to the inspection
510 of any person [free of charge], and shall be delivered by the surveyor to [his] a successor in office.
511 [In counties where there is no elected county surveyor, the county legislative body may designate
512 another office within the county to act as a depository for all documents filed in compliance with
513 this section.]
514 Section 19. Section 17-23-3 is amended to read:
515 17-23-3. Seal.
516 The county surveyor shall have a seal, to be furnished by the county [legislative body], the
517 impression of which shall contain the following words: "State of Utah, County Surveyor," together
518 with the name of the county in which the same is to be used.
519 Section 20. Section 17-23-5 is amended to read:
520 17-23-5. Maps for county or county officers.
521 [The] (1) Except as provided in Subsection (2), each county surveyor shall:

522 (a) trace, blueprint, or otherwise make all maps necessary for the county or any county
523 officer[, when so requested, and the same shall be filed in his office, together with]; and
524 (b) file those maps and all data obtained by [him] the surveyor from other sources[;
525 provided, that in counties where the salary of the county surveyor is not intended to cover the
526 expenses of such work, the county executive may enter into a contract or other arrangement with
527 the county surveyor, or another surveyor, or other person competent to make maps and plats for
528 such mapping and platting as is required by law] in the surveyor's office.
529 (2) Subsection (1) does not apply to an ownership plat that the county recorder is required
530 under Section 17-21-21 to prepare and keep.
531 Section 21. Section 17-23-14 is amended to read:
532 17-23-14. Disturbed corners -- County surveyor to be notified.
533 (1) Any person who finds it necessary to disturb any established corner in the improvement
534 of a road, or for any other cause, or finds a monument which needs rehabilitation, shall notify the
535 county surveyor.
536 (2) The county surveyor or [his] designee shall:
537 (a) reconstruct or rehabilitate the monument for the corner by lowering and witnessing the
538 corner or placing another monument and witness over the existing monument so that the
539 monument:
540 (i) is left in a physical condition to remain as permanent a monument as is reasonably
541 possible; and
542 (ii) may be reasonably located at all times in the future; and
543 (b) file the record [the proceedings in the record] of [permanent surveys] each
544 reconstruction or rehabilitation under Subsection (2)(a).
545 Section 22. Section 17-23-15 is amended to read:
546 17-23-15. Removal, destruction, or defacement of monuments or corners as
547 misdemeanor -- Costs.
548 (1) No person shall willfully or negligently remove, destroy, or deface any government
549 survey monument, corner, or witness corner [that is recorded in the office of the county surveyor].
550 (2) Any person who violates this section is guilty of a class C misdemeanor and is
551 additionally responsible for:
552 (a) the costs of any necessary legal action; and

553 (b) the costs of reestablishing the survey monument, corner, or witness corner.
554 Section 23. Section 17-23-16 is amended to read:
555 17-23-16. Resurveys.
556 In the resurvey of lands surveyed under the authority of the United States, the county
557 surveyor or his designee shall observe the following rules:
558 (1) Section and quarter-section corners, and all other corners established by the
559 government survey, shall stand as the true corner.
560 (2) Missing corners shall be reestablished at the point where existing evidence would
561 indicate the original corner was located by the government survey.
562 (3) In all cases, missing corners must be reestablished with reference to the [current]
563 United States Manual of Surveying Instructions.
564 Section 24. Section 17-23-17 is amended to read:
565 17-23-17. Map of boundary survey -- Procedure for filing -- Contents -- Marking of
566 monuments -- Record of corner changes.
567 (1) (a) [Any registered] Each licensed professional land surveyor making a boundary
568 survey of lands within this state to establish or reestablish a boundary line [on the ground by
569 setting a monument] or to obtain data for constructing a map or plat showing a [monumented]
570 boundary line shall file a map of the survey that meets the requirements of this section with the
571 county surveyor or designated office within 90 days of the establishment or reestablishment of a
572 boundary [monument or boundary line. Resurveys of filed surveys or subdivision lots are not
573 required to be refiled if no monuments are set].
574 (b) The county surveyor or designated office shall file and index the map of the survey.
575 (c) The map shall be a public record in the office of the county surveyor or designated
576 office.
577 (2) This type of map shall show:
578 (a) the location of survey by quarter section and township and range;
579 (b) the date of survey;
580 (c) the scale of drawing and north point;
581 (d) the distance and course of all lines traced or established, giving the basis of bearing and
582 the distance and course to [a] two or more section [corner] corners or quarter [corner] corners,
583 including township and range, or [an] to identified [monument] monuments within a recorded

584 subdivision;
585 (e) all measured bearings, angles, and distances separately indicated from those of record;
586 (f) a written boundary description of property surveyed;
587 (g) all monuments set and their relation to older monuments found;
588 (h) a detailed description of monuments found and monuments set, indicated separately;
589 (i) the surveyor's seal or stamp; and
590 (j) the surveyor's business name and address.
591 (3) (a) The map shall contain a written narrative that explains and identifies:
592 (i) the purpose of the survey;
593 (ii) the basis on which the lines were established; and
594 (iii) the found monuments and deed elements that controlled the established or
595 reestablished lines.
596 (b) If the narrative is a separate document, it shall contain:
597 (i) the location of the survey by quarter section and by township and range;
598 (ii) the date of the survey;
599 (iii) the surveyor's stamp or seal; and
600 (iv) the surveyor's business name and address.
601 (c) The map and narrative shall be referenced to each other if they are separate documents.
602 (4) The map and narrative shall be created on material of a permanent nature on stable base
603 reproducible material in the sizes required by the county surveyor.
604 (5) (a) Any monument set by a [registered] licensed professional land surveyor to mark
605 or reference a point on a property or land line shall be durably and visibly marked or tagged with
606 the registered business name or the letters "L.S." followed by the registration number of the
607 surveyor in charge.
608 (b) If the monument is set by a [registered] licensed land surveyor who is a public officer,
609 it shall be marked with the official title of the office.
610 (6) (a) If, in the performance of a survey, [the] a surveyor finds or makes any changes [in]
611 to the section corner or quarter-section corner, or their accessories [as they are described in an
612 existing corner record or survey map in the office of the county surveyor or designated office], the
613 surveyor shall complete and submit to the county surveyor or designated office a record of the
614 changes [needed to be] made [to any corner or accessories to the corner].

615 (b) The record shall be submitted within 45 days of the corner visits and shall include the
616 surveyor's seal, business name, and address.
617 (c) The Utah State Board of Engineers and Land Surveyors Examiners may revoke the
618 license of any [registered] licensed professional land surveyor who fails to comply with the
619 requirements of this section, according to the procedures set forth in Title 58, Chapter 1, Division
620 of Occupational and Professional Licensing Act.
621 (7) [Any] Each federal or state agency, board, or commission, special district, or municipal
622 corporation that makes a boundary survey of lands within this state shall comply with this section.
623 Section 25. Section 17-23-17.5 is amended to read:
624 17-23-17.5. Corner perpetuation and filing -- Definitions -- Establishment of corner
625 file -- Preservation of map records -- Filing fees -- Exemptions.
626 (1) As used in this section:
627 (a) "Accessory to a corner" means any exclusively identifiable physical object whose
628 spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects,
629 monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden
630 stakes, or other objects.
631 (b) "Corner," unless otherwise qualified, means a property corner, a property controlling
632 corner, a public land survey corner, or any combination of these.
633 (c) "Geographic coordinates" means mathematical values that designate a position on the
634 earth relative to a given reference system. Coordinates shall be established pursuant to Title 57,
635 Chapter 10, Utah Coordinate System.
636 (d) "Land surveyor" means a surveyor who is [registered] licensed to practice land
637 surveying in this state in accordance with Title 58, Chapter 22, Professional Engineers and Land
638 Surveyors Licensing Act.
639 (e) "Monument" means an accessory that is presumed to occupy the exact position of a
640 corner.
641 (f) "Property controlling corner" means a public land survey corner or any property corner
642 which does not lie on a property line of the property in question, but which controls the location
643 of one or more of the property corners of the property in question.
644 (g) "Property corner" means a geographic point of known geographic coordinates on the
645 surface of the earth, and is on, a part of, and controls a property line.

646 (h) "Public land survey corner" means any corner actually established and monumented
647 in an original survey or resurvey used as a basis of legal descriptions for issuing a patent for the
648 land to a private person from the United States government.
649 (i) "Reference monument" means a special monument that does not occupy the same
650 geographical position as the corner itself, but whose spatial relationship to the corner is recorded
651 and which serves to witness the corner.
652 (2) (a) Any land surveyor making a boundary survey of lands within this state and utilizing
653 a corner shall, within 90 days, complete, sign, and file with the county surveyor of the county
654 where the corner is situated, a written record to be known as a corner file for every public land
655 survey corner and accessory to the corner which is used as control in any survey by the surveyor,
656 unless the corner and its accessories are already a matter of record in the county.
657 (b) Where reasonably possible, the corner file shall include the geographic coordinates of
658 the corner.
659 (c) A surveyor may file a corner record as to any property corner, reference monument, or
660 accessory to a corner.
661 (d) Corner records may be filed concerning corners used before the effective date of this
662 section.
663 (3) The county surveyor of the county containing the corners shall have on record as part
664 of the official files maps of each township within the county, the bearings and lengths of the
665 connecting lines to government corners, and government corners looked for and not found.
666 (4) The county surveyor shall make these records available for public inspection at the
667 county facilities during normal business hours.
668 (5) Filing fees for corner records shall be established by the [county executive or] county
669 legislative body consistent with existing fees for similar services. All corners, monuments, and
670 their accessories used prior to the effective date of this section shall be accepted and filed with the
671 county surveyor without requiring the payment of the fees.
672 (6) When a corner record of a public land survey corner is required to be filed under the
673 provisions of this section and the monument needs to be reconstructed or rehabilitated, the land
674 surveyor shall contact the county surveyor in accordance with Section 17-23-14 .
675 (7) A corner record may not be filed unless it is signed by a land surveyor.
676 (8) All filings relative to official cadastral surveys of the Bureau of Land Management of

677 the United States of America performed by authorized personnel shall be exempt from filing fees.
678 Section 26. Section 17-23-18 is amended to read:
679 17-23-18. Amendment of survey maps or narratives by affidavit of corrections.
680 (1) Any survey map or narrative filed and recorded under the provisions of this chapter
681 may be amended by an affidavit of corrections:
682 (a) to show any courses or distances omitted from the map or narrative;
683 (b) to correct an error in the description of the real property shown on the map or narrative;
684 or
685 (c) to correct any other errors or omissions where the error or omission is ascertainable
686 from the data shown on the map or narrative as recorded.
687 (2) (a) The affidavit of correction shall be prepared by the [registered] licensed
688 professional land surveyor who filed the map or narrative.
689 (b) In the event of the death, disability, or retirement from practice of the surveyor who
690 filed the map or narrative, the county surveyor or designated office may prepare the affidavit of
691 correction.
692 (c) The affidavit shall set forth in detail the corrections made.
693 (d) The seal and signature of the [registered] licensed professional land surveyor filing the
694 affidavit of correction shall be affixed to the affidavit.
695 (3) The county surveyor or designated office having jurisdiction of the map or narrative
696 shall certify that the affidavit of correction has been examined and that the changes shown on the
697 map or narrative are changes permitted under this section.
698 (4) Nothing in this section permits changes in courses or distances for the purpose of
699 redesigning parcel configurations.
700 Section 27. Section 17-24-1 is amended to read:
701 17-24-1. General duties of treasurer.
702 The county treasurer shall:
703 (1) receive all money belonging to the county and all other money by law directed to be
704 paid to the treasurer, [safely keep the same, and apply and pay it out and render an account thereof
705 as required by law] including proceeds of bonds, notes, or other evidences of indebtedness issued
706 under Title 11, Chapter 14, Utah Municipal Bond Act;
707 (2) deposit and invest all money received under Title 51, Chapter 7, State Money

708 Management Act;
709 [(2)] (3) keep a record of the receipts and expenditures of all such money;
710 [(3)] (4) disburse county money:
711 (a) on a county warrant issued by the county auditor; or
712 (b) subject to Sections 17-19-1 , 17-19-3 , and 17-19-5 , by a county check or such other
713 payment mechanism as may be adopted pursuant to Chapter 36, Uniform Fiscal Procedures Act
714 for Counties;
715 (5) perform the duties assigned to the treasurer under Title 59, Chapter 2, Part 13,
716 Collection of Taxes;
717 [(4)] (6) perform the duties under Title 59, Chapter 2, Part 13, Collection of Taxes, that
718 have been reassigned to the treasurer in an ordinance adopted under Section 17-16-5.5 ; and
719 [(5)] (7) perform [such] other duties [as] that are [or may be] required by law or ordinance.
720 Section 28. Section 17-24-4 is amended to read:
721 17-24-4. Payment of warrants, checks, or other instruments.
722 (1) When a warrant is presented for payment and there is money in the treasury [for that
723 purpose], the treasurer shall pay it.
724 (2) Upon receiving the notice from the county auditor under Subsection 17-19-3 (3)(b) and
725 if there is adequate money in the treasury, the treasurer shall, by check or other payment
726 mechanism, make any payment not already paid by warrant.
727 (3) Notwithstanding Subsections (1) and (2), the treasurer has no obligation to pay any
728 warrant or to issue any check or other payment instrument before receiving the certified list under
729 Subsection 17-20-1.7 (4).
730 Section 29. Section 17-24-12 is amended to read:
731 17-24-12. Reports to county executive or legislative body.
732 Each county treasurer [must] shall make a detailed report whenever required so to do by
733 the county executive or by the legislative body at any of their regular or special [meeting of them]
734 meetings of all money received by [him] the treasurer, and of disbursements thereof, and of all
735 other proceedings in [his] the treasurer's office so that the receipts into the treasury and the amount
736 of disbursements shall clearly and distinctly appear.
737 Section 30. Section 17-27-103 is amended to read:
738 17-27-103. Definitions -- Notice.

739 (1) As used in this chapter:
740 (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
741 residential property if the sign is designed or intended to direct attention to a business, product, or
742 service that is not sold, offered, or existing on the property where the sign is located.
743 (b) "Chief executive officer" means the [county executive, or if the county has adopted an
744 alternative form of government, the official who] person or body that exercises the executive
745 powers of the county.
746 (c) "Conditional use" means a land use that, because of its unique characteristics or
747 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
748 compatible in some areas or may be compatible only if certain conditions are required that mitigate
749 or eliminate the detrimental impacts.
750 (d) "Constitutional taking" has the meaning as defined in Section 63-34-13 .
751 (e) "County" means the unincorporated area of the county.
752 (f) "Elderly person" means a person who is 60 years old or older, who desires or needs to
753 live with other elderly persons in a group setting, but who is capable of living independently.
754 (g) "Gas corporation" has the same meaning as defined in Section 54-2-1 .
755 (h) (i) "General plan" means a document that a county adopts that sets forth general
756 guidelines for proposed future development of the land within the county, as set forth in Sections
757 17-27-301 and 17-27-302 .
758 (ii) "General plan" includes what is also commonly referred to as a "master plan."
759 (i) "Interstate pipeline company" means a person or entity engaged in natural gas
760 transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the
761 Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
762 (j) "Intrastate pipeline company" means a person or entity engaged in natural gas
763 transportation that is not subject to the jurisdiction of the Federal Energy Regulatory Commission
764 under the Natural Gas Act, 15 U.S.C. Sec. 717 et seq.
765 (k) "Legislative body" means the county legislative body, or for a county that has adopted
766 an alternative form of government, the body exercising legislative powers.
767 (l) "Lot line adjustment" means the relocation of the property boundary line between two
768 adjoining lots with the consent of the owners of record.
769 (m) "Municipality" means a city or town.

770 (n) "Nonconforming structure" means a structure that:
771 (i) legally existed before its current zoning designation; and
772 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
773 setback, height restrictions, or other regulations that govern the structure.
774 (o) "Nonconforming use" means a use of land that:
775 (i) legally existed before its current zoning designation;
776 (ii) has been maintained continuously since the time the zoning regulation governing the
777 land changed; and
778 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
779 that now govern the land.
780 (p) "Official map" has the same meaning as provided in Section 72-5-401 .
781 (q) "Person" means an individual, corporation, partnership, organization, association, trust,
782 governmental agency, or any other legal entity.
783 (r) "Plat" means a map or other graphical representation of lands being laid out and
784 prepared in accordance with Section 17-27-804 .
785 (s) "Record of survey map" means a map of a survey of land prepared in accordance with
786 Section 17-23-17 .
787 (t) (i) "Residential facility for elderly persons" means a single-family or multiple-family
788 dwelling unit that meets the requirements of Part 5 and any ordinance adopted under authority of
789 that part.
790 (ii) "Residential facility for elderly persons" does not include a health care facility as
791 defined by Section 26-21-2 .
792 (u) "Special district" means all entities established under the authority of Title 17A,
793 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
794 municipality, school district, or unit of the state.
795 (v) "Street" means public rights-of-way, including highways, avenues, boulevards,
796 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
797 other ways.
798 (w) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
799 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
800 whether immediate or future, for offer, sale, lease, or development either on the installment plan

801 or upon any and all other plans, terms, and conditions.
802 (ii) "Subdivision" includes the division or development of land whether by deed, metes
803 and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
804 (iii) "Subdivision" does not include:
805 (A) a bona fide division or partition of agricultural land for agricultural purposes;
806 (B) a recorded agreement between owners of adjoining properties adjusting their mutual
807 boundary if:
808 (I) no new lot is created; and
809 (II) the adjustment does not result in a violation of applicable zoning ordinances;
810 (C) a recorded document, executed by the owner of record, revising the legal description
811 of more than one contiguous parcel of property into one legal description encompassing all such
812 parcels of property; or
813 (D) a bona fide division or partition of land in a county other than a first class county for
814 the purpose of siting, on one or more of the resulting separate parcels, an unmanned facility
815 appurtenant to a pipeline owned or operated by a gas corporation, interstate pipeline company, or
816 intrastate pipeline company.
817 (iv) The joining of a subdivided parcel of property to another parcel of property that has
818 not been subdivided does not constitute a "subdivision" under this Subsection (1) (w) as to the
819 unsubdivided parcel of property or subject the unsubdivided parcel to the county's subdivision
820 ordinance.
821 (x) "Unincorporated" means the area outside of the incorporated boundaries of cities and
822 towns.
823 (2) (a) A county meets the requirements of reasonable notice required by this chapter if
824 it:
825 (i) posts notice of the hearing or meeting in at least three public places within the
826 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
827 in the jurisdiction, if one is available; or
828 (ii) gives actual notice of the hearing or meeting.
829 (b) A county legislative body may enact an ordinance establishing stricter notice
830 requirements than those required by this Subsection (2).
831 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given

832 is prima facie evidence that notice was properly given.
833 (ii) If notice given under authority of this section is not challenged as provided in Section
834 17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
835 is considered adequate and proper.
836 Section 31. Section 17-27-406 is amended to read:
837 17-27-406. Conditional uses -- Appeals.
838 (1) A zoning ordinance may contain provisions for administrative decisions relating to
839 conditional uses that may be allowed, allowed with conditions, or denied in designated zoning
840 districts, based on compliance with standards and criteria set forth in the zoning ordinance for
841 those uses.
842 (2) Appeals of the approval or denial of a conditional use permit shall be decided by the
843 board of adjustment, unless the county legislative body by ordinance designates itself or another
844 body to decide those appeals.
845 Section 32. Section 17-27-702 is amended to read:
846 17-27-702. Organization -- Procedures.
847 (1) The board of adjustment shall:
848 (a) organize and elect a chairperson; and
849 (b) adopt rules that comply with any ordinance adopted by the legislative body.
850 (2) The board of adjustment shall meet at the call of the chairperson and at any other times
851 that the board of adjustment determines.
852 (3) The chairperson, or in the absence of the chairperson, the acting chairperson, may
853 administer oaths and compel the attendance of witnesses.
854 (4) (a) All meetings of the board of adjustment shall comply with the requirements of Title
855 52, Chapter 4, Open and Public Meetings.
856 (b) The board of adjustment shall:
857 (i) keep minutes of its proceedings, showing the vote of each member upon each question,
858 or if absent or failing to vote, indicating that fact; and
859 (ii) keep records of its examinations and other official actions.
860 (c) The board of adjustment may, but is not required to, have its proceedings
861 contemporaneously transcribed by a court reporter or a tape recorder.
862 (d) The board of adjustment shall file its records in the office of the board of adjustment.

863 (e) All records in the office of the board of adjustment are public records.
864 (5) The [concurring] vote of [at least three] a majority of the members of the board of
865 adjustment present at a meeting at which a quorum is present is necessary to reverse any order,
866 requirement, decision, or determination of any administrative official or agency or to decide in
867 favor of the appellant.
868 (6) Decisions of the board of adjustment become effective at the meeting in which the
869 decision is made, unless a different time is designated in the board's rules or at the time the
870 decision is made.
871 (7) The legislative body may fix per diem compensation for the members of the board of
872 adjustment, based on necessary and reasonable expenses and on meetings actually attended.
873 Section 33. Section 17-27-703 is amended to read:
874 17-27-703. Powers and duties.
875 (1) The board of adjustment shall hear and decide:
876 (a) appeals from [zoning] administrative decisions applying [the] a zoning [ordinance;]
877 or subdivision ordinance, including appeals from:
878 (i) building permit denials based upon a failure to comply with a zoning or subdivision
879 ordinance; and
880 (ii) administrative decisions related to subdivision plats;
881 (b) special exceptions to the terms of the zoning ordinance; [and]
882 (c) variances from the terms of the zoning ordinance[.] ; and
883 (d) appeals from a decision approving or denying a conditional use permit, unless the
884 county legislative body has by ordinance designated itself or another body to hear and decide those
885 appeals.
886 (2) The board of adjustments may make determinations regarding the existence, expansion,
887 or modification of nonconforming uses if that authority is delegated to them by the legislative
888 body.
889 (3) If authorized by the legislative body, the board of adjustment may interpret the zoning
890 maps and pass upon disputed questions of lot lines, district boundary lines, or similar questions
891 as they arise in the administration of the zoning regulations.
892 Section 34. Section 17-27-704 is amended to read:
893 17-27-704. Appeals.

894 (1) (a) [(i)] The applicant or any other person or entity adversely affected by [a] an
895 administrative decision [administering or interpreting] applying a zoning or subdivision ordinance
896 may appeal that decision [applying the zoning ordinance] by alleging that there is error in any
897 order, requirement, decision, or determination made by an official [in the administration or
898 interpretation of the zoning ordinance].
899 [(ii)] (b) The legislative body shall enact an ordinance establishing a reasonable time for
900 appeal to the board of adjustment of administrative decisions [administering or interpreting a
901 zoning ordinance] under Subsection (1)(a).
902 [(b) Any officer, department, board, or bureau of a county affected by the grant or refusal
903 of a building permit or by any other decisions of the administrative officer in the administration
904 or interpretation of the zoning ordinance may appeal any decision to the board of adjustment.]
905 (2) h [ (a) The board of adjustment shall presume that the administrative decision is valid.
906 (b) ] h The person or entity making the appeal has the burden of proving that h [ [ ] an error
906a has
907 been made [ ] ] [ a decision is arbitrary, capricious, or illegal ] h .
908 (3) (a) Only decisions applying [the] a zoning or subdivision ordinance may be appealed
909 to the board of adjustment.
910 (b) A person may not appeal, and the board of adjustment may not consider, any zoning
911 or subdivision ordinance amendments.
912 (4) Appeals may not be used to waive or modify the terms or requirements of the zoning
913 or subdivision ordinance.
914 Section 35. Section 17-27-708 is amended to read:
915 17-27-708. District court review of board of adjustment decision.
916 (1) Any person adversely affected by any decision of a board of adjustment may petition
917 the district court for a review of the decision.
918 (2) (a) [In the petition, the plaintiff may only allege that] The district court's review is
919 limited to a determination of whether the board of adjustment's decision [was] is arbitrary,
920 capricious, or illegal.
921 (b) A determination of illegality requires a determination that the board of adjustment's
922 decision violates h [ an existing ] A h statute h [ or ] , h ordinance h , OR EXISTING LAW h .
923 (3) (a) The petition is barred unless it is filed within 30 days after the board of adjustment's
924 decision is final.

925 (b) (i) The time under Subsection (3)(a) to file a petition is tolled from the date a property
926 owner files a request for arbitration of a constitutional taking issue with the private property
927 ombudsman under Section 63-34-13 until 30 days after:
928 (A) the arbitrator issues a final award; or
929 (B) the private property ombudsman issues a written statement under Subsection
930 63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
931 (ii) A tolling under Subsection (3)(b)(i) operates only as to the specific constitutional
932 taking issues that are the subject of the request for arbitration filed with the private property
933 ombudsman by a property owner.
934 (iii) A request for arbitration filed with the private property ombudsman after the time
935 under Subsection (3)(a) to file a petition has expired does not affect the time to file a petition.
936 (4) (a) The board of adjustment shall transmit to the reviewing court the record of its
937 proceedings including its minutes, findings, orders and, if available, a true and correct transcript
938 of its proceedings.
939 (b) If the proceeding was tape recorded, a transcript of that tape recording is a true and
940 correct transcript for purposes of this Subsection (4).
941 (5) (a) (i) If there is a record, the district court's review is limited to the record provided
942 by the board of adjustment.
943 (ii) The court may not accept or consider any evidence outside the board of adjustment's
944 record unless that evidence was offered to the board of adjustment and the court determines that
945 it was improperly excluded by the board of adjustment.
946 (b) If there is no record, the court may call witnesses and take evidence.
947 (6) The court shall affirm the decision of the board of adjustment if the decision is
948 supported by substantial evidence in the record.
949 (7) (a) The filing of a petition does not stay the decision of the board of adjustment.
950 (b) (i) Before filing a petition under this section or a request for mediation or arbitration
951 of a constitutional taking issue under Section 63-34-13 , the aggrieved party may petition the board
952 of adjustment to stay its decision.
953 (ii) Upon receipt of a petition to stay, the board of adjustment may order its decision stayed
954 pending district court review if the board of adjustment finds it to be in the best interest of the
955 county.

956 (iii) After a petition is filed under this section or a request for mediation or arbitration of
957 a constitutional taking issue is filed under Section 63-34-13 , the petitioner may seek an injunction
958 staying the board of adjustment's decision.
959 Section 36. Section 17-27-804 is amended to read:
960 17-27-804. Plats required.
961 (1) Unless exempt under Section 17-27-806 or not included in the definition of a
962 subdivision under Subsection 17-27-103 (1), whenever any lands are divided, the owner of those
963 lands shall have an accurate plat made of them that sets forth and describes:
964 (a) all the parcels of ground divided, by their boundaries, course, and extent, and whether
965 they are intended for streets or other public uses, together with any areas that are reserved for
966 public purposes; and
967 (b) the lot or unit reference, the block or building reference, the street or site address, the
968 street name or coordinate address, the acreage or square footage for all parcels, units, or lots, and
969 the length and width of the blocks and lots intended for sale.
970 (2) (a) The owner of the land shall acknowledge the plat before an officer authorized by
971 law to take the acknowledgement of conveyances of real estate.
972 (b) The surveyor making the plat shall certify it.
973 (c) The county [legislative body] executive shall approve the plat as provided in this part.
974 Before the [legislative body] county executive may approve a plat, the owner of the land shall
975 provide the [legislative body] county executive with a tax clearance indicating that all taxes,
976 interest, and penalties owing on the land have been paid.
977 (3) After the plat has been acknowledged, certified, and approved, the owner of the land
978 shall [file and] record it in the county recorder's office in the county in which the lands platted and
979 [divided] laid out are situated.
980 Section 37. Section 17-27-805 is amended to read:
981 17-27-805. Subdivision approval procedure.
982 (1) A person may not submit a plat of a subdivision to the county recorder's office for
983 recording unless a recommendation has been received from the planning commission and:
984 [(1)] (a) the plat has been approved by:
985 [(a)] (i) the [legislative body] executive of the county in whose unincorporated area the
986 subdivision is located; or

987 [(b)] (ii) other officers that the county legislative body designates in an ordinance; and
988 [(2)] (b) the [approvals are] approval is entered in writing on the plat by the [chief] county
989 executive [officer or chairperson of the legislative body] or by the other officers designated in the
990 ordinance.
991 (2) A subdivision plat recorded without the approval required under this section is void.
992 Section 38. Section 17-27-806 is amended to read:
993 17-27-806. Exemptions from plat requirement.
994 (1) (a) Notwithstanding Sections 17-27-804 and 17-27-805 , a person may submit to the
995 county recorder's office for recording a document that subdivides property by metes and bounds
996 into less than ten lots, without the necessity of recording a plat, if:
997 (i) the planning commission, if required by county ordinance, has given the county
998 [legislative body] executive its recommendation, whether favorable or not; and
999 (ii) the document contains a certificate or written approval from:
1000 (A) the [legislative body] executive of the county in whose unincorporated area the
1001 property is located; or
1002 (B) other officers that the county legislative body designates in an ordinance.
1003 (b) By indicating its approval on a document under Subsection (1)(a), the county
1004 [legislative body] executive or other officer designated by the county legislative [officer] body
1005 certifies that:
1006 (i) the planning commission:
1007 (A) has given its recommendation to the county [legislative body] executive; or
1008 (B) is not required by county ordinance to give its recommendation;
1009 (ii) the subdivision is not traversed by the mapped lines of a proposed street as shown in
1010 the general plan and does not require the dedication of any land for street or other public purposes;
1011 and
1012 (iii) if the subdivision is located in a zoned area, each lot in the subdivision meets the
1013 frontage, width, and area requirements of the zoning ordinance or has been granted a variance from
1014 those requirements by the board of adjustment.
1015 (2) (a) Subject to Subsection (2)(b), a lot or parcel resulting from a division of agricultural
1016 land is exempt from the plat requirements of Section 17-27-804 if the lot or parcel:
1017 (i) qualifies as land in agricultural use under Title 59, Chapter 2, Part 5, Farmland

1018 Assessment Act;
1019 (ii) meets the minimum size requirement of applicable zoning ordinances; and
1020 (iii) is not used and will not be used for any nonagricultural purpose.
1021 (b) The boundaries of each lot or parcel exempted under Subsection (2)(a) shall be
1022 graphically illustrated on a record of survey map that, after receiving the same approvals as are
1023 required for a plat under Section 17-27-805 , shall be recorded with the county recorder.
1024 (c) If a lot or parcel exempted under Subsection (2)(a) is used for a nonagricultural
1025 purpose, the county in whose unincorporated area the lot or parcel is located may require the lot
1026 or parcel to comply with the requirements of Section 17-27-804 .
1027 (3) (a) A person may not submit to the county recorder's office for recording a document
1028 that subdivides property by metes and bounds unless it contains the certificate or written approval
1029 required by this section.
1030 (b) The recording of a document that subdivides property by metes and bounds and does
1031 not contain the certificate or written approval required by this section:
1032 (i) does not affect the validity of the document; and
1033 (ii) does not affect whether the subdivided property complies with applicable county
1034 ordinances on land use and development.
1035 Section 39. Section 17-27-806.5 is enacted to read:
1036 17-27-806.5. Common area parcels on a plat -- No separate ownership -- Ownership
1037 interest equally divided among other parcels on a plat and included in description of other
1038 parcels.
1039 (1) A parcel designated as common area on a plat recorded in compliance with this part
1040 may not be separately owned or conveyed independent of the other parcels created by the plat.
1041 (2) The ownership interest in a parcel described in Subsection (1) shall:
1042 (a) for purposes of assessment, be divided equally among all parcels created by the plat,
1043 unless a different division of interest for assessment purposes is indicated on the plat or an
1044 accompanying document; and
1045 (b) be considered to be included in the description of each instrument describing a parcel
1046 on the plat by its identifying plat number, even if the common area interest is not explicitly stated
1047 in the instrument.
1048 Section 40. Section 17-27-808 is amended to read:

1049 17-27-808. Vacating or changing a subdivision plat.
1050 (1) (a) Subject to Subsection (2), the county [legislative body] executive or any other
1051 officer that the county legislative body designates by ordinance may, with or without a petition,
1052 consider any proposed vacation, alteration, or amendment of a subdivision plat, any portion of a
1053 subdivision plat, or any street, lot, or alley contained in a subdivision plat at a public hearing.
1054 (b) If a petition is filed, the responsible [body or] officer shall hold the public hearing
1055 within 45 days after receipt of the planning commission's recommendation under Subsection (2)
1056 if:
1057 (i) the plat change includes the vacation of a public street or alley;
1058 (ii) any owner within the plat notifies the municipality of their objection in writing within
1059 ten days of mailed notification; or
1060 (iii) a public hearing is required because all of the owners in the subdivision have not
1061 signed the revised plat.
1062 (2) (a) Before the county legislative body or officer designated by the county legislative
1063 body may consider a proposed vacation, alteration, or amendment under Subsection (1)(a) or (6),
1064 the county legislative body or officer shall refer the proposal to the planning commission for its
1065 recommendation.
1066 (b) The planning commission shall give its recommendation within 30 days after the
1067 proposed vacation, alteration, or amendment is referred to it.
1068 (3) Any fee owner, as shown on the last county assessment rolls, of land within the
1069 subdivision that has been laid out and platted as provided in this part may, in writing, petition the
1070 [legislative body] county executive to have the plat, any portion of it, or any street or lot contained
1071 in it, vacated, altered, or amended as provided in this section.
1072 (4) Each petition to vacate, alter, or amend an entire plat, a portion of a plat, or a street or
1073 lot contained in a plat shall include:
1074 (a) the name and address of all owners of record of the land contained in the entire plat;
1075 (b) the name and address of all owners of record of land adjacent to any street that is
1076 proposed to be vacated, altered, or amended; and
1077 (c) the signature of each of these owners who consents to the petition.
1078 (5) (a) A petition that lacks the consent of all owners referred to in Subsection (4) may not
1079 be scheduled for consideration at a public hearing before the responsible [body or] officer until

1080 the notice required by this part is given.
1081 (b) The petitioner shall pay the cost of the notice.
1082 (6) Subject to Subsection (2), if the responsible body or officer proposes to vacate, alter,
1083 or amend a subdivision plat, or any street or lot contained in a subdivision plat, they shall consider
1084 the issue at a public hearing after giving the notice required by this part.
1085 (7) Petitions to adjust lot lines between adjacent properties may be executed upon the
1086 recordation of an appropriate deed if:
1087 (a) no new dwelling lot or housing unit results from the lot line adjustment;
1088 (b) the adjoining property owners consent to the lot line adjustment;
1089 (c) the lot line adjustment does not result in remnant land that did not previously exist; and
1090 (d) the adjustment does not result in violation of applicable zoning requirements.
1091 (8) (a) The name of a recorded subdivision may be changed by recording an amended plat
1092 making that change, as provided in this section.
1093 (b) Except as provided in Subsection (8)(a), the recording of a declaration or other
1094 document that purports to change the name of a recorded plat is void.
1095 Section 41. Section 17-27-809 is amended to read:
1096 17-27-809. Notice of hearing for plat change.
1097 (1) (a) The responsible [body or] officer shall give notice of the proposed plat change by
1098 mailing the notice to each owner of property located within 300 feet of the property that is the
1099 subject of the proposed plat change, addressed to the owner's mailing address appearing on the
1100 rolls of the county assessor of the county in which the land is located.
1101 (b) The responsible [body or] officer shall ensure that the notice includes:
1102 (i) a statement that anyone objecting to the proposed plat change must file a written
1103 objection to the change within ten days of the date of the notice;
1104 (ii) a statement that if no written objections are received by the [legislative body] county
1105 executive within the time limit, no public hearing will be held; and
1106 (iii) the date, place, and time when a hearing will be held, if one is required, to consider
1107 a vacation, alteration, or amendment without a petition when written objections are received or to
1108 consider any petition that does not include the consent of all land owners as required by Section
1109 17-27-808 .
1110 (2) If the proposed change involves the vacation, alteration, or amendment of a street, the

1111 responsible [body or] officer shall give notice of the date, place, and time of the hearing by:
1112 (a) mailing notice as required in Subsection (1); and
1113 (b) (i) publishing the notice once a week for four consecutive weeks before the hearing in
1114 a newspaper of general circulation in the county in which the land subject to the petition is located;
1115 or
1116 (ii) if there is no newspaper of general circulation in the county, posting the notice for four
1117 consecutive weeks before the hearing in three public places in that county.
1118 Section 42. Section 17-27-810 is amended to read:
1119 17-27-810. Grounds for vacating or changing a plat.
1120 (1) (a) Within 30 days after the public hearing required by this part, the responsible [body
1121 or] officer shall consider the petition.
1122 (b) If the responsible [body or] officer is satisfied that [neither] the public [nor any person]
1123 will not be materially injured by the proposed vacation, alteration, or amendment, and that there
1124 is good cause for the vacation, alteration, or amendment, the [legislative body, by ordinance,]
1125 county executive may vacate, alter, or amend the plat, any portion of the plat, or any street or lot.
1126 (c) The responsible [body or] officer may approve the vacation, alteration, or amendment
1127 by [ordinance,] amended plat, administrative order, or deed containing a stamp or mark indicating
1128 approval by the responsible [body or] officer.
1129 (d) The responsible [body or] officer shall ensure that the vacation, alteration, or
1130 amendment is recorded in the office of the county recorder in which the land is located.
1131 (2) An aggrieved party may appeal the responsible [body's or] officer's decision to [district
1132 court as provided in Section 17-27-1001 ] the board of adjustment.
1133 Section 43. Section 17-27-811 is amended to read:
1134 17-27-811. Owner may not sell land before plat recorded -- Improper recording does
1135 not affect validity of document or compliance with ordinances -- Action by county.
1136 [(1) (a) A county recorder may not record a subdivision plat that has not been approved by
1137 the legislative body of the county in whose unincorporated area the subdivision is located.]
1138 [(b) A plat of a subdivision recorded without the approval of the county legislative body
1139 is void.]
1140 [(2)] (1) (a) An owner of any land located in a subdivision, as defined in this chapter, who
1141 transfers or sells any land in that subdivision before a plat of the subdivision has been approved

1142 and recorded as required in this part violates this part for each lot or parcel transferred or sold.
1143 (b) The description by metes and bounds in the instrument of transfer or other documents
1144 used in the process of selling or transferring does not exempt the transaction from a violation of
1145 Subsection (2)(a) or from the penalties or remedies provided in this chapter.
1146 (c) Notwithstanding any other provision of this Subsection [(2)] (1), the recording of an
1147 instrument of transfer or other document used in the process of selling or transferring real property
1148 that violates this part:
1149 (i) does not affect the validity of the instrument or other document; and
1150 (ii) does not affect whether the property that is the subject of the instrument or other
1151 document complies with applicable municipal ordinances on land use and development.
1152 [(3)] (2) (a) A county may bring an action against an owner to require the property to
1153 conform to the provisions of this part or an ordinance enacted under the authority of this part.
1154 (b) An action under this Subsection [(3)] (2) may include an injunction, abatement, merger
1155 of title, or any other appropriate action or proceedings to prevent, enjoin, or abate the violation.
1156 (c) A county need only establish the violation to obtain the injunction.
1157 Section 44. Section 17-27-901 is amended to read:
1158 17-27-901. Restrictions for solar and other energy devices.
1159 (1) The legislative body, in order to protect and ensure access to sunlight for solar energy
1160 devices, may adopt regulations governing legislative subdivision development plans that relate to
1161 the use of restrictive covenants or solar easements, height restrictions, side yard and setback
1162 requirements, street and building orientation and width requirements, height and location of
1163 vegetation with respect to property boundary lines, and other permissible forms of land use
1164 controls.
1165 (2) The [legislative body] county executive may refuse to approve or renew any plat or
1166 subdivision plan, or dedication of any street or other ground, if the deed restrictions, covenants,
1167 or similar binding agreements running with the land for the lots or parcels covered by the plat or
1168 subdivision prohibit or have the effect of prohibiting reasonably sited and designed solar
1169 collectors, clotheslines, or other energy devices based on renewable resources from being installed
1170 on buildings erected on lots or parcels covered by the plat or subdivision.
1171 Section 45. Section 17-27-1001 is amended to read:
1172 17-27-1001. Appeals.

1173 (1) No person may challenge in district court a county's land use decisions made under this
1174 chapter or under the regulation made under authority of this chapter until that person has exhausted
1175 all administrative remedies.
1176 (2) (a) Any person adversely affected by any decision made in the exercise of the
1177 provisions of this chapter may file a petition for review of the decision with the district court
1178 within 30 days after the local decision is rendered.
1179 (b) (i) The time under Subsection (2)(a) to file a petition is tolled from the date a property
1180 owner files a request for arbitration of a constitutional taking issue with the private property
1181 ombudsman under Section 63-34-13 until 30 days after:
1182 (A) the arbitrator issues a final award; or
1183 (B) the private property ombudsman issues a written statement under Subsection
1184 63-34-13 (4)(b) declining to arbitrate or to appoint an arbitrator.
1185 (ii) A tolling under Subsection (2)(b)(i) operates only as to the specific constitutional
1186 taking issues that are the subject of the request for arbitration filed with the private property
1187 ombudsman by a property owner.
1188 (iii) A request for arbitration filed with the private property ombudsman after the time
1189 under Subsection (2)(a) to file a petition has expired does not affect the time to file a petition.
1190 (3) (a) The courts shall:
1191 [(a)] (i) presume that land use decisions and regulations are valid; and
1192 [(b)] (ii) determine only whether or not the decision is arbitrary, capricious, or illegal.
1193 (b) A determination of illegality requires a determination that the decision violates h [ an
1194 existing ] A h statute h [ or ] , h ordinance h , OR EXISTING LAW h .
1195 Section 46. Section 17-33-1 is amended to read:
1196 17-33-1. Title -- Establishment of merit system -- Separate systems for peace officers
1197 and firemen recognized -- Options of small counties.
1198 (1) This chapter shall be known and may be cited as the "County Personnel Management
1199 Act."
1200 (2) A merit system of personnel administration for the counties of the state of Utah, their
1201 departments, offices, and agencies, except as otherwise specifically provided, is established.
1202 (3) This chapter recognizes the existence of the merit systems for peace officers of the
1203 several counties as provided for in Title 17, Chapter 30, and for firemen of the several counties as

1204 provided for in Title 17, Chapter 28, and is intended to give county commissions the option of
1205 using the provisions of this chapter as a single merit system for all county employees or in
1206 combination with these existing systems for firemen and peace officers.
1207 (4) This chapter [shall be] is optional with counties having fewer than 130 full-time
1207a h [ and ] , h
1208 part-time h , AND SEASONAL h employees h AND ELECTED OFFICIALS h not covered by other
1208a merit systems.
1209 Section 47. Section 17-33-4 is amended to read:
1210 17-33-4. Career service council -- Powers and duties -- Qualifications, appointment,
1211 terms, compensation.
1212 (1) (a) (i) There shall be in each county establishing a system a three-member bipartisan
1213 career service council appointed by the county [legislative body] executive. The members of the
1214 council shall be persons in sympathy with the application of merit principles to public
1215 employment.
1216 (ii) (A) The county executive may appoint alternate members of the career service council
1217 to hear appeals that one or more regular career service council members are unable to hear.
1218 (B) The term of an alternate member of the career service council may not exceed one
1219 year.
1220 (b) The council shall hear appeals not resolved at lower levels in the cases of career service
1221 employees suspended, transferred, demoted, or dismissed as well in the cases of other grievances
1222 not resolved by the grievance procedure at the division or departmental level.
1223 (c) The career service council:
1224 (i) may make an initial determination in each appeal whether the appeal is one of the types
1225 of matters under Subsection (1)(b) over which the council has jurisdiction;
1226 (ii) shall review written appeals in cases of applicants rejected for examination and report
1227 final binding appeals decisions, in writing, to the county legislative body; [and]
1228 (iii) may not hear any other personnel matter[.]; and
1229 (iv) may affirm, modify, vacate, or set aside an order for disciplinary action.
1230 [(d) Notwithstanding the other provisions of this Subsection (1), a right of]
1231 (d) (i) A person adversely affected by a decision of the career service council may appeal
1232 the decision to the district court [under the provisions of the Utah Rules of Civil Procedure shall
1233 not be abridged].
1234 (ii) An appeal to the district court under this Subsection (1)(d) is barred unless it is filed

1235 within 30 days after the career service council issues its decision.
1236 (iii) If there is a record of the career service council proceedings, the district court review
1237 shall be limited to the record provided by the career service council.
1238 (iv) In reviewing a decision of the career service council, the district court shall presume
1239 that the decision is valid and may determine only whether the decision is arbitrary or capricious.
1240 (2) Each council member shall serve a term of three years to expire on June 30, three years
1241 after the date of his or her appointment, except that original appointees shall be chosen as follows:
1242 one member for a term expiring June 30, 1982; one member for a term expiring June 30, 1983; and
1243 one member for a term expiring June 30, 1984. Successors of original council members shall be
1244 chosen for three-year terms. An appointment to fill a vacancy on the council shall be for only the
1245 unexpired term of the appointee's successor. Each member of the board shall hold office until his
1246 successor is appointed and confirmed. A member of the council may be removed by the
1247 [governing body] county executive for cause, after having been given a copy of the charges against
1248 him or her and an opportunity to be heard publicly on the charges before the county legislative
1249 body. Adequate annual appropriations shall be made available to enable the council effectively
1250 to carry out its duties under this law.
1251 (3) Members and alternates of the council shall be United States citizens and be actual and
1252 bona fide residents of the state of Utah and the county from which appointed for a period of not
1253 less than one year preceding the date of appointment and a member may not hold another
1254 government office or be employed by the county.
1255 (4) The council shall elect one of its members as chairperson, and two or more members
1256 of the council shall constitute a quorum necessary for carrying on the business and activity of the
1257 council.
1258 (5) The council shall have subpoena power to compel attendance of witnesses, and to
1259 authorize witness fees where it deems appropriate, to be paid at the same rate as in justice courts.
1260 (6) (a) (i) Council members shall receive compensation for each day or partial day they are
1261 in session at a per diem rate determined by the county legislative body.
1262 (ii) An alternate member shall receive compensation for each day or partial day that the
1263 alternate member is required to replace a regular council member, at a per diem rate determined
1264 by the county legislative body.
1265 (b) The county legislative body may periodically adjust the compensation rate for inflation.

1266 Section 48. Section 17-33-4.5 is enacted to read:
1267 17-33-4.5. Council may refer an appeal to an administrative law judge for a
1268 recommendation -- Council action on recommendation.
1269 (1) (a) A county legislative body may appoint one or more administrative law judges to
1270 hear appeals referred by a career service council under this section.
1271 (b) Each administrative law judge shall be trained and experienced in personnel matters.
1272 (2) (a) If a career service council determines that it is in the county's best interest, it may
1273 initially refer an appeal to an administrative law judge who has been appointed under Subsection
1274 (1).
1275 (b) After holding a hearing, the administrative law judge shall make findings of fact and
1276 a recommendation to the career service council.
1277 (c) After receiving the administrative law judge's recommendation, a career service council
1278 may request the administrative law judge to hold a further factual hearing before the career service
1279 council's decision.
1280 (d) A career service council may adopt or reject an administrative law judge's
1281 recommendation, whether before or after a further hearing under Subsection (2)(c).
1282 Section 49. Section 17-33-5 is amended to read:
1283 17-33-5. Office of personnel management -- Director -- Appointment and
1284 responsibilities -- Personnel rules.
1285 (1) (a) Each county [legislative body] executive shall:
1286 (i) create an office of personnel management, administered by a director of personnel
1287 management; and
1288 (ii) ensure that the director is a person with proven experience in personnel management.
1289 [(b) (i) Beginning July 1, 1993, the county legislative body shall appoint a director of
1290 personnel management to serve a four-year term.]
1291 [(ii) At the expiration of any four-year term, the county legislative body may reappoint that
1292 director to another four-year term or may appoint a new director.]
1293 [(iii) If the position of director of personnel management becomes vacant for any reason
1294 before the four-year term expires, the county legislative body shall appoint a person to complete
1295 the unexpired term by following the procedures and requirements of this section.]
1296 (b) The position of director of personnel management shall be:

1297 (i) a merit position; and
1298 (ii) filled as provided in Subsection (1)(c).
1299 (c) The career service council shall:
1300 (i) advertise and recruit for the director position in the same manner as for merit positions;
1301 (ii) select three names from a register; and
1302 (iii) submit those names as recommendations to the county legislative body.
1303 (d) The county legislative body shall select a person to serve as director of the office of
1304 personnel management from the names submitted to it by the career service council.
1305 (2) The director of personnel management shall:
1306 (a) encourage and exercise leadership in the development of expertise in personnel
1307 administration within the several departments, offices, and agencies in the county service and make
1308 available the facilities of the office of personnel management to this end;
1309 (b) advise the county legislative and executive bodies on the use of human resources;
1310 (c) develop and implement programs for the improvement of employee effectiveness, such
1311 as training, safety, health, counseling, and welfare;
1312 (d) investigate periodically the operation and effect of this law and of the policies made
1313 under it and report findings and recommendations to the county legislative body;
1314 (e) establish and maintain records of all employees in the county service, setting forth as
1315 to each employee class, title, pay or status, and other relevant data;
1316 (f) make an annual report to the county legislative body and county executive regarding
1317 the work of the department; and
1318 (g) apply and carry out this law and the policies under it and perform any other lawful acts
1319 that are necessary to carry out the provisions of this law.
1320 (3) (a) (i) The director shall [issue] recommend personnel rules for the county.
1321 (ii) The county legislative body may approve, amend, or reject those rules before they are
1322 [implemented] adopted.
1323 (b) The rules shall provide for:
1324 (i) recruiting efforts to be planned and carried out in a manner that assures open
1325 competition, with special emphasis to be placed on recruiting efforts to attract minorities, women,
1326 handicapped, or other groups that are substantially underrepresented in the county work force to
1327 help assure they will be among the candidates from whom appointments are made;

1328 (ii) the establishment of job related minimum requirements wherever practical, which all
1329 successful candidates shall be required to meet in order to be eligible for consideration for
1330 appointment or promotion;
1331 (iii) selection procedures that include consideration of the relative merit of each applicant
1332 for employment, a job related method of determining the eligibility or ineligibility of each
1333 applicant, and a valid, reliable, and objective system of ranking [eligibles] eligible applicants
1334 according to their qualifications and merit;
1335 (iv) certification procedures that insure equitable consideration of an appropriate number
1336 of the most qualified [eligibles] eligible applicants based on the ranking system;
1337 (v) appointments to positions in the career service by selection from the most qualified
1338 [eligibles] eligible applicants certified on eligible lists established in accordance with Subsections
1339 (3)(b)(iii) and (iv);
1340 (vi) noncompetitive appointments in the occasional instance where there is evidence that
1341 open or limited competition is not practical, such as for unskilled positions for which there are no
1342 minimum job requirements;
1343 (vii) limitation of competitions at the discretion of the director for appropriate positions
1344 to facilitate employment of qualified applicants with a substantial physical or mental impairment,
1345 or other groups protected by Title VII of the Civil Rights Act;
1346 (viii) permanent appointment for entry to the career service which shall be contingent upon
1347 satisfactory performance by the employee during a period of six months, with the probationary
1348 period extendable for a period not to exceed six months for good cause, but with the condition that
1349 the probationary employee may appeal directly to the council any undue prolongation of the period
1350 designed to thwart merit principles;
1351 (ix) temporary, provisional, or other noncareer service appointments, which may not be
1352 used as a way of defeating the purpose of the career service and may not exceed 90 days, with the
1353 period extendable for a period not to exceed an additional 90 days for good cause;
1354 (x) lists of [eligibles] eligible applicants normally to be used, if available, for filling
1355 temporary positions, and short term emergency appointments to be made without regard to the
1356 other provisions of law to provide for maintenance of essential services in an emergency situation
1357 where normal procedures are not practical, these emergency appointments not to exceed 90 days,
1358 with that period extendable for a period not to exceed an additional 90 days for good cause;

1359 (xi) promotion and career ladder advancement of employees to higher level positions and
1360 assurance that all persons promoted are qualified for the position;
1361 (xii) recognition of the equivalency of other merit processes by waiving, at the discretion
1362 of the director, the open competitive examination for placement in the career service positions of
1363 those who were originally selected through a competitive examination process in another
1364 governmental entity, the individual in those cases, to serve a probationary period;
1365 (xiii) preparation, maintenance, and revision of a position classification plan for all
1366 positions in the career service, based upon similarity of duties performed and responsibilities
1367 assumed, so that the same qualifications may reasonably be required for, and the same schedule
1368 of pay may be equitably applied to, all positions in the same class, the compensation plan, in order
1369 to maintain a high quality public work force, to take into account the responsibility and difficulty
1370 of the work, the comparative pay and benefits needed to compete in the labor market and to stay
1371 in proper alignment with other similar governmental units, and other factors;
1372 (xiv) keeping records of performance on all employees in the career service and requiring
1373 consideration of performance records in determining salary increases, any benefits for meritorious
1374 service, promotions, the order of layoffs and reinstatements, demotions, discharges, and transfers;
1375 (xv) establishment of a plan governing layoffs resulting from lack of funds or work,
1376 abolition of positions, or material changes in duties or organization, and governing reemployment
1377 of persons so laid off, taking into account with regard to layoffs and reemployment the relative
1378 ability, seniority, and merit of each employee;
1379 (xvi) establishment of a plan for resolving employee grievances and complaints with final
1380 and binding decisions;
1381 (xvii) establishment of disciplinary measures such as suspension, demotion in rank or
1382 grade, or discharge, such measures to provide for presentation of charges, hearing rights, and
1383 appeals for all permanent employees in the career service to the career service council;
1384 (xviii) establishment of a procedure for employee development and improvement of poor
1385 performance;
1386 (xix) establishment of hours of work, holidays, and attendance requirements in various
1387 classes of positions in the career service;
1388 (xx) establishment and publicizing of fringe benefits such as insurance, retirement, and
1389 leave programs; and

1390 (xxi) any other requirements not inconsistent with this law that are proper for its
1391 enforcement.
1392 Section 50. Section 17-33-7 is amended to read:
1393 17-33-7. Functions of county office of personnel management -- Personnel functions
1394 of county agencies, departments, or offices.
1395 (1) (a) The county office of personnel management shall perform the functions required
1396 by this Subsection (1).
1397 (b) The county executive, county legislative body, and county office of personnel
1398 management may not delegate those functions to a separate county agency, office, or department.
1399 (c) The county office of personnel management shall:
1400 (i) design and administer a county pay plan that includes salaries, wages, incentives,
1401 bonuses, leave, insurance, retirement, and other benefits;
1402 (ii) design and administer the county classification plan and grade allocation system,
1403 including final decisions on position classification and grade allocation;
1404 (iii) conduct position classification studies, including periodic desk audits, except that an
1405 agency, department, or office may submit classification recommendations to the county office of
1406 personnel management;
1407 (iv) maintain registers of publicly recruited applicants and certification of top-ranking
1408 eligible applicants;
1409 (v) monitor county agency, department, or office personnel practices to determine
1410 compliance with equal opportunity and affirmative action guidelines; and
1411 (vi) maintain central personnel records.
1412 (d) The county legislative body may approve, amend, or reject the pay plan.
1413 (2) County agencies, departments, or offices shall:
1414 (a) establish initial job descriptions;
1415 (b) recommend position classifications and grade allocations;
1416 (c) make final selections for appointments and promotions to vacant positions;
1417 (d) conduct performance evaluations;
1418 (e) discipline employees; and
1419 (f) perform other functions approved by the [legislative body] county executive, and
1420 agreed to by the county agency, office, or department.

1421 Section 51. Section 17-33-8 is amended to read:
1422 17-33-8. Career service -- Exempt positions.
1423 The career service shall be a permanent service to which this law shall apply and shall
1424 comprise all tenured positions in the public service now existing or hereafter established, except
1425 the following:
1426 (1) The county executive, members of the county legislative body, other elected officials,
1427 and major department heads charged directly by the county legislative body, or by a board
1428 appointed by the county legislative body, with the responsibility of assisting in the formulation and
1429 carrying out of matters of policy; and if it is sought that any position which differs from its present
1430 status be exempted or tenured after the effective date of this act, a public hearing on the proposed
1431 exemption or tenure shall be held upon due notice and the concurrence of the council.
1432 (2) One confidential secretary for each elected county officer and major department head
1433 if one is assigned.
1434 (3) An administrative assistant to the county executive, each member of the county
1435 legislative body, and to each elected official, if one is assigned.
1436 (4) The duly appointed chief deputy [or] of any elected county officer who would take over
1437 and discharge the duties of the elected county officer in the absence or disability of the originally
1438 responsible officer.
1439 (5) Persons employed to make or conduct a temporary and special inquiry, investigation,
1440 or examination on behalf of the county legislative body or one of its [committee] committees.
1441 (6) Noncareer employees compensated for their services on a seasonal or contractual basis
1442 who are hired on emergency or seasonal appointment basis, as approved by the council, and
1443 provisional or part-time employees as defined by the county's policies and procedures or its rules
1444 and regulations.
1445 (7) Positions which by their nature -- confidential or key policy-determining or both --
1446 cannot or should not be appropriately included in the career service. All positions designated as
1447 being exempt under this subsection shall be listed in the rules and regulations promulgated under
1448 this act by job title and department, office or agency, and any change in exempt status shall
1449 constitute an amendment to the rules and regulations.
1450 Section 52. Section 17-36-3 is amended to read:
1451 17-36-3. Definitions.

1452 As used in this chapter:
1453 (1) "Accrual basis of accounting" means a method where revenues are recorded when
1454 earned and expenditures recorded when they become liabilities notwithstanding that the receipt
1455 of the revenue or payment of the expenditure may take place in another accounting period.
1456 (2) "Appropriation" means an allocation of money for a specific purpose.
1457 (3) (a) "Budget" means a plan for financial operations for a fiscal period, embodying
1458 estimates for proposed expenditures for given purposes and the means of financing the
1459 expenditures.
1460 (b) "Budget" may refer to the budget of a fund for which a budget is required by law, or
1461 collectively to the budgets for all those funds.
1462 (4) "Budgetary fund" means a fund for which a budget is required, such as those described
1463 in Section 17-36-8 .
1464 (5) "Budget officer" means the county auditor, county clerk, or county executive as
1465 provided in [Section] Subsection 17-19-19 (1).
1466 (6) "Budget period" means the fiscal period for which a budget is prepared.
1467 (7) "Check" means an order in a specific amount drawn upon the depositary by any
1468 authorized officer in accordance with Section 17-19-3 or 17-24-1 .
1469 (8) "Countywide service" means a service provided in both incorporated and
1470 unincorporated areas of a county.
1471 (9) "Current period" means the fiscal period in which a budget is prepared and adopted.
1472 (10) "Department" means any functional unit within a fund which carries on a specific
1473 activity.
1474 (11) "Encumbrance system" means a method of budgetary control where part of an
1475 appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase
1476 orders, contracts, or salary commitments to an appropriation account. An expenditure ceases to be
1477 an encumbrance when paid or when the actual liability is entered in the books of account.
1478 (12) "Estimated revenue" means any revenue estimated to be received during the budget
1479 period in any fund for which a budget is prepared.
1480 (13) "Fiscal period" means the annual or biennial period for recording county fiscal
1481 operations.
1482 (14) "Fund" means an independent fiscal and accounting entity comprised of a sum of

1483 money or other resources segregated for a specific purpose or objective.
1484 (15) "Fund balance" means the excess of the assets over liabilities, reserves, and
1485 contributions, as reflected by its books of account.
1486 (16) "Fund deficit" means the excess of liabilities, reserves, and contributions over its
1487 assets, as reflected by its books of account.
1488 (17) "General Fund" means the fund used to account for all receipts, disbursements, assets,
1489 liabilities, reserves, fund balances, revenues, and expenditures not required to be accounted for in
1490 other funds.
1491 (18) "Interfund loan" means a loan of cash from one fund to another, subject to future
1492 repayment; but it does not constitute an expenditure or a use of retained earnings, fund balance,
1493 or unappropriated surplus of the lending fund.
1494 (19) "Last completed fiscal period" means the fiscal period next preceding the current
1495 period.
1496 (20) "Modified accrual basis of accounting" means a method under which expenditures
1497 other than accrued interest on general long-term debt are recorded at the time liabilities are
1498 incurred and revenues are recorded when they become measurable and available to finance
1499 expenditures of the current period.
1500 (21) "Municipal capital project" means the acquisition, construction, or improvement of
1501 capital assets that facilitate providing municipal service.
1502 (22) "Municipal service" means a service not provided on a countywide basis and not
1503 accounted for in an enterprise fund, and includes police patrol, fire protection, culinary or irrigation
1504 water retail service, water conservation, local parks, sewers, sewage treatment and disposal,
1505 cemeteries, garbage and refuse collection, street lighting, airports, planning and zoning, local
1506 streets and roads, curb, gutter, and sidewalk maintenance, and ambulance service.
1507 (23) "Retained earnings" means that part of the net earnings retained by an enterprise or
1508 internal service fund which is not segregated or reserved for any specific purpose.
1509 (24) "Special fund" means any fund other than the General Fund, such as those described
1510 in Section 17-36-6 .
1511 (25) "Unappropriated surplus" means that part of a fund which is not appropriated for an
1512 ensuing budget period.
1513 (26) "Warrant" means an order in a specific amount drawn upon the treasurer by the

1514 auditor.
1515 Section 53. Section 17-50-402 is amended to read:
1516 17-50-402. Payment or rejection of claims.
1517 (1) If the county executive finds that any claim presented is not payable by the county or
1518 is not a proper county charge, the county executive shall reject the claim.
1519 (2) (a) If the claim is found to be a proper county charge, but greater in amount than is
1520 justly due, the county executive may allow the claim in part and may order a warrant drawn for the
1521 portion allowed.
1522 (b) If the claimant is unwilling to receive the amount in full payment, the county executive
1523 may again consider the claim.
1524 (3) No claim may be paid if paying the claim would exceed the current unencumbered
1525 funds.
1526 Section 54. Section 17-52-101 is amended to read:
1527 17-52-101. Definitions.
1528 As used in this chapter:
1529 (1) "Appointment council" means a group of persons consisting of:
1530 [(a) the governor or the governor's designee;]
1531 [(b) the speaker of the House of Representatives or the speaker's designee;]
1532 [(c) the president of the Senate or the president's designee;]
1533 (a) a resident of the county in which the optional plan is proposed, designated by a
1534 majority of all state senators and representatives whose districts include any part of the county in
1535 which the optional plan is proposed;
1536 [(d)] (b) a resident of the county in which the optional plan is proposed, designated by the
1537 county legislative body;
1538 [(e)] (c) a resident of the county in which the optional plan is proposed, designated by
1539 [majority vote of the mayors of all cities and towns in the county in which the optional plan is
1540 proposed] the petition sponsors; and
1541 [(f) four] (d) two other residents of the county in which the optional plan is proposed,
1542 designated by majority vote of the [five] three other members of the appointment council.
1543 (2) "Optional plan" means a plan establishing an alternate form of government for a county
1544 as provided in Section 17-52-401 .

1545 (3) "Reasonable notice" means, at a minimum:
1546 (a) (i) publication in a newspaper of general circulation within the county at least once a
1547 week for at least two consecutive weeks ending no more than ten and no fewer than three days
1548 before the event that is the subject of the notice; or
1549 (ii) if there is no newspaper of general circulation within the county, posting at least one
1550 notice per 1,000 population within the county, for at least a week ending no more than three days
1551 before the event that is the subject of the notice, at locations throughout the county that are most
1552 likely to give actual notice to county residents; and
1553 (b) if the county has an Internet home page, posting an electronic notice on the Internet for
1554 at least seven days immediately before the event that is the subject of the notice.
1555 (4) "Study committee" means a group of persons:
1556 [(a) (i) elected pursuant to a resolution adopted under Subsection 17-52-202 (3)(a) or
1557 17-52-203 (3)(d)(i)(B) in which the county legislative body specifies that the members should be
1558 elected; or]
1559 [(ii)] (a) appointed under Section 17-52-301 ; and
1560 (b) charged with the duties provided in Section 17-52-303 .
1561 Section 55. Section 17-52-102 is amended to read:
1562 17-52-102. Forms of county government -- County commission form required unless
1563 another is adopted.
1564 (1) Each county shall operate under one of the following forms of county government:
1565 (a) the county commission form under Section 17-52-501 ;
1566 (b) the expanded county commission form under Section 17-52-502 ;
1567 [(c) the executive and chief administrative officer-council form under Section 17-52-503 ;]
1568 [(d)] (c) the county executive and council form under Section 17-52-504 ; or
1569 [(e)] (d) the council-manager form under Section 17-52-505 [; or].
1570 [(f) the council and county administrative officer form under Section 17-52-506 .]
1571 (2) Unless it adopts another form of government as provided in this chapter, each county
1572 shall operate under the county commission form of government under Section 17-52-501 .
1573 Section 56. Section 17-52-201 is amended to read:
1574 17-52-201. Procedure for initiating adoption of optional plan -- Limitations --
1575 Pending proceedings.

1576 (1) An optional plan proposing an alternate form of government for a county may be
1577 adopted as provided in this chapter.
1578 (2) The process to adopt an optional plan establishing an alternate form of county
1579 government may be initiated by:
1580 (a) the county legislative body as provided in Section 17-52-202 ; or
1581 (b) registered voters of the county as provided in Section 17-52-203 .
1582 (3) (a) If the process to adopt an optional plan has been initiated under Chapter 26, Laws
1583 of Utah 1973, Section 3, 4, or 5, or Section 17-52-202 or 17-52-203 , the county legislative body
1584 may not initiate the process again under Section 17-52-202 unless the earlier proceeding:
1585 [(i) has been concluded by the county legislative body rejecting the optional plan;]
1586 [(ii)] (i) has been concluded by an affirmative or negative vote of registered voters; or
1587 [(iii)] (ii) has not been concluded but has been pending for at least two years.
1588 (b) A county legislative body may not initiate the process to adopt an optional plan under
1589 Section 17-52-202 within four years of an election at which voters approved or rejected an optional
1590 plan proposed as a result of a process initiated by the county legislative body.
1591 (c) Registered voters of a county may not initiate the process to adopt an optional plan
1592 under Section 17-52-203 within four years of an election at which voters approved or rejected an
1593 optional plan proposed as a result of a process initiated by registered voters.
1594 Section 57. Section 17-52-202 is amended to read:
1595 17-52-202. County legislative body initiation of adoption of optional plan --
1596 Procedure.
1597 (1) A county legislative body may initiate the process of adopting an optional plan by[: (a)
1598 adopting a resolution of intent as provided in Subsection (2)(a); (b)] adopting a resolution to
1599 submit to the voters the question of whether a study committee should be established as provided
1600 in [Subsection (3)(a); or] Section 17-52-301 .
1601 [(c) adopting a resolution to approve the establishment of a study committee as provided
1602 in Subsection (4)(a).]
1603 [(2) (a) A county legislative body may adopt a resolution indicating its intent to propose
1604 the adoption of an optional plan.]
1605 [(b) Each resolution under Subsection (2)(a) shall:]
1606 [(i) contain a general description of the proposed optional plan;]

1607 [(ii) set a public hearing or series of public hearings on the proposed optional plan; and]
1608 [(iii) require that reasonable notice be given of the public hearing or series of public
1609 hearings.]
1610 [(c) A county legislative body may appoint an advisory committee to assist it in preparing
1611 the optional plan that the county legislative body intends to propose for adoption.]
1612 [(d) Each county legislative body adopting a resolution under Subsection (2)(a) shall:]
1613 [(i) hold a public hearing or series of public hearings, as the county legislative body
1614 determines, on the proposed optional plan beginning no less than 15 days after adoption of the
1615 resolution;]
1616 [(ii) beginning the day after the resolution is adopted, maintain at least three complete
1617 copies of the proposed optional plan at the office of the county clerk for inspection and copying
1618 by the public; and]
1619 [(iii) in each notice or publication of the public hearing or series of public hearings, refer
1620 to the complete proposed optional plan and its availability for inspection and copying in the county
1621 clerk's office.]
1622 [(e) (i) At the conclusion of the public hearing or series of hearings required under
1623 Subsection (2)(d)(i), a county legislative body may adopt a resolution recommending the adoption
1624 of the proposed optional plan by registered voters.]
1625 [(ii) Before adopting a resolution under Subsection (2)(e)(i), a county legislative body may
1626 modify the proposed optional plan.]
1627 [(iii) Each resolution under Subsection (2)(e)(i) shall provide for submitting the proposed
1628 optional plan to the voters at an election held under Section 17-52-206 .]
1629 [(f) Failure to adopt a resolution under Subsection (2)(e)(i) within six months of the
1630 adoption of a resolution under Subsection (2)(a) shall be considered a rejection of the proposed
1631 optional plan.]
1632 [(g) A county legislative body may reconsider its action in proposing an optional plan
1633 under this Subsection (2) and terminate the process to adopt the optional plan if the reconsideration
1634 and termination occur:]
1635 [(i) within six months after the adoption of a resolution under Subsection (2)(e)(i); and]
1636 [(ii) no later than six months before the date on which an election under Section 17-52-206
1637 is scheduled.]

1638 [(3) (a) As an alternative to the procedure under Subsection (2), a county legislative body
1639 may adopt a resolution to submit to the registered voters of the county the question of whether a
1640 study committee should be established.]
1641 [(b)] (2) Each resolution adopted under Subsection [(3)(a)] (1) shall[: (i)] require the
1642 question to be submitted to the registered voters of the county [at a general or special] on one of
1643 the election dates specified in Subsection 20A-1-204 (1)(a), as the county legislative body
1644 determines, no less than 90 days and no more than 180 days after adoption of the resolution under
1645 Subsection [(3)(a);] (1).
1646 [(ii) specify the number of members of the proposed study committee, subject to
1647 Subsection 17-52-303 (1)(a), and whether the members are to be elected or appointed; and]
1648 [(iii) if the members are to be elected, provide procedures for the nonpartisan nomination
1649 of the members of the proposed study committee and their nonpartisan election at the same
1650 election at which the question of the establishment of the study committee is submitted.]
1651 [(c) If the members of the proposed study committee are to be appointed, their
1652 appointment shall be governed by Section 17-52-301 .]
1653 [(4) (a) As an alternative to the procedures under Subsections (2) and (3), a county
1654 legislative body may adopt a resolution approving the establishment of a study committee with
1655 appointed members.]
1656 [(b) Each resolution under Subsection (4)(a) shall:]
1657 [(i) specify the number of members of the study committee, subject to Subsection
1658 17-52-303 (1)(a); and]
1659 [(ii) provide for the appointment of the members as provided in Section 17-52-301 .]
1660 Section 58. Section 17-52-203 is amended to read:
1661 17-52-203. Registered voter initiation of adoption of optional plan -- Procedure.
1662 (1) Registered voters of a county may initiate the process of adopting an optional plan by[:]
1663 filing a petition for the establishment of a study committee as provided in Section 17-52-301 .
1664 [(a) filing copies of a proposed optional plan, as provided in Subsection (2)(c), in
1665 anticipation of filing a petition under Subsection (2)(a); or]
1666 [(b) filing a petition under Subsection (3).]
1667 [(2) (a) Registered voters of a county may file a petition requiring the county legislative
1668 body to submit a proposed optional plan to the registered voters of the county.]

1669 [(b) Each petition under Subsection (2)(a) shall:]
1670 [(i) be signed by registered voters residing in the county equal in number to at least 15%
1671 of the total number of votes cast in the county at the most recent election for governor;]
1672 [(ii) contain a general description of the proposed optional plan;]
1673 [(iii) indicate that a complete copy of the proposed optional plan is available for inspection
1674 and copying at the county clerk's office;]
1675 [(iv) designate up to five of the petition signers as sponsors, one of whom shall be
1676 designated as the contact sponsor, with the mailing address and telephone number of each; and]
1677 [(v) be filed in the office of the clerk of the county in which the petition signers reside.]
1678 [(c) Before circulating a petition under Subsection (2)(a) for signature, the petition
1679 sponsors shall file with the county clerk at least three complete copies of the proposed optional
1680 plan that is the subject of the petition.]
1681 [(d) A county legislative body may not alter an optional plan proposed under this
1682 Subsection (2).]
1683 [(e) Within 30 days after the county clerk's receipt of the attorney general statement under
1684 Section 17-52-204 with respect to a petition certified under Subsection (4)(a)(ii)(A), each county
1685 legislative body shall establish the date for an election to be held as provided under Section
1686 17-52-206 .]
1687 [(3) (a) Registered voters of a county may file a petition requiring the county legislative
1688 body to adopt a resolution for the establishment of a study committee.]
1689 [(b)] (2) Each petition under Subsection [(3)(a)] (1) shall:
1690 [(i) request the county legislative body to choose between:]
1691 [(A) adopting a resolution that establishes a study committee with members appointed
1692 under Section 17-52-301 ; or]
1693 [(B) adopting a resolution submitting to the county's registered voters the question of
1694 whether a study committee should be established;]
1695 [(ii)] (a) be signed by registered voters residing in the county equal in number to at least
1696 10% of the total number of votes cast in the county at the most recent election for governor;
1697 [(iii)] (b) designate up to five of the petition signers as sponsors, one of whom shall be
1698 designated as the contact sponsor, with the mailing address and telephone number of each; and
1699 [(iv)] (c) be filed in the office of the clerk of the county in which the petition signers

1700 reside.
1701 [(c) (i) Within 90 days of the certification of the petition under Subsection (4)(a)(ii)(A),
1702 the county legislative body shall hold a public hearing or series of public hearings, as the county
1703 legislative body determines, on the petition.]
1704 [(ii) The county legislative body shall give reasonable notice of the public hearing or series
1705 of public hearings under Subsection (3)(c)(i).]
1706 [(d) (i) At the conclusion of the public hearing or series of public hearings required under
1707 Subsection (3)(c)(i), the county legislative body shall:]
1708 [(A) adopt a resolution approving the establishment of a study committee with members
1709 appointed under Section 17-52-301 and specifying the number of members to be appointed, subject
1710 to Subsection 17-52-303 (1)(a); or]
1711 [(B) adopt a resolution submitting to the county's registered voters the question of whether
1712 a study committee under Section 17-52-301 should be established.]
1713 [(ii) Each resolution under Subsection (3)(d)(i)(B) shall comply with the requirements of
1714 Subsection 17-52-202 (3)(b).]
1715 [(4)] (3) (a) Within 30 days of the filing of a petition under Subsection [(2)(a) or (3)(a)]
1716 (1) or an amended or supplemental petition under Subsection [(4)] (2)(b), the county clerk shall:
1717 (i) determine whether the petition or amended or supplemental petition has been signed
1718 by the required number of registered voters; and
1719 (ii) (A) if so:
1720 (I) certify the petition or amended or supplemental petition and deliver it to the county
1721 legislative body; and
1722 (II) notify in writing the contact sponsor of the certification; or
1723 (B) if not, reject the petition or the amended or supplemental petition and notify in writing
1724 the county legislative body and the contact sponsor of the rejection and the reasons for the
1725 rejection.
1726 (b) If a county clerk rejects a petition or an amended or supplemental petition under
1727 Subsection [(4)] (2)(a)(ii)(B), the petition may be amended or supplemented or an amended or
1728 supplemental petition may be further amended or supplemented with additional signatures and
1729 refiled within 20 days of the date of rejection.
1730 [(5)] (4) With the unanimous approval of petition sponsors, a petition filed under

1731 Subsection [(2)(a) or (3)] (1) may be withdrawn at any time within 90 days after petition
1732 certification but no later than 45 days before an election under Section 17-52-206 [or Subsection
1733 (3)(d)(i)(B)] if:
1734 (a) the petition notified signers in conspicuous language that the petition sponsors are
1735 authorized to withdraw the petition; and
1736 (b) there are at least three sponsors of the petition.
1737 Section 59. Section 17-52-203.5 is enacted to read:
1738 17-52-203.5. Election to determine whether study committee should be established.
1739 (1) The county legislative body shall hold an election under this section if:
1740 (a) the county legislative body adopts a resolution under Subsection 17-52-202 (1); or
1741 (b) a petition filed under Subsection 17-52-203 (1) is certified by the county clerk under
1742 Subsection 17-52-203 (3).
1743 (2) Each election under Subsection (1) shall be held on one of the election dates specified
1744 in Subsection 20A-1-204 (1)(a), as the county legislative body determines, no less than 90 days and
1745 no more than 180 days after, as the case may be:
1746 (a) adoption of a resolution under Subsection 17-52-202 (1); or
1747 (b) certification of a petition under Subsection 17-52-203 (3).
1748 (3) The county clerk shall prepare the ballot for each election under Subsection (1) with
1749 a question that asks substantially as follows:
1750 "Shall a study committee be appointed to consider and possibly recommend a change in
1751 the form of government of _________________________ County?"
1752 Section 60. Section 17-52-204 is amended to read:
1753 17-52-204. County or district attorney review of proposed optional plan -- Conflict
1754 with statutory or constitutional provisions -- Processing of optional plan after attorney
1755 review.
1756 (1) [The] Within ten days after the study committee submits its report under Subsection
1757 17-52-303 (3)(d) to the county legislative body recommending a change in the form of county
1758 government, the county clerk shall send to the county attorney [general] of the county in which the
1759 optional plan is proposed or, if the county does not have a county attorney, to the district attorney
1760 a copy of each [proposed] optional plan [within ten days after:] recommended by the study
1761 committee in its report under Subsection 17-52-303 (3)(d).

1762 [(a) for an optional plan proposed in a resolution adopted under Subsection
1763 17-52-202 (2)(e), adoption of the resolution;]
1764 [(b) for an optional plan proposed by registered voters under Section 17-52-203 :]
1765 [(i) the filing of a request for attorney general review under Subsection (6); or]
1766 [(ii) if the optional plan has not already been reviewed by the attorney general pursuant to
1767 a request under Subsection (6), certification of a petition under Subsection 17-52-203 (4)(a)(ii)(A).]
1768 (2) Within 45 days after receipt of the [proposed] recommended optional plan from the
1769 county clerk under Subsection (1), the county or district attorney [general] shall send a written
1770 report to the county clerk containing the information required under Subsection (3).
1771 (3) Each report from the county or district attorney [general] under Subsection (2) shall:
1772 (a) state the [attorney general's] attorney's opinion as to whether implementation of the
1773 optional plan as [proposed] prepared by the study committee would result in a violation of any
1774 applicable statutory or constitutional provision;
1775 (b) if the attorney [general] concludes that a violation would result:
1776 (i) identify specifically each statutory or constitutional provision that would be violated
1777 by implementation of the optional plan as [proposed] prepared by the study committee;
1778 (ii) identify specifically each provision or feature of the proposed optional plan that would
1779 result in a statutory or constitutional violation if the plan is implemented as [proposed] prepared
1780 by the study committee;
1781 (iii) state whether, in the [attorney general's] attorney's opinion, any of the provisions or
1782 features identified in Subsection (3)(b)(ii) are so integral to the proposed optional plan that having
1783 previously changed the specified provision or feature to avoid the violation would have affected
1784 the decision of a [legislative body member or] study committee member who favored the proposed
1785 optional plan [or a reasonable petitioner who signed a petition proposing the optional plan]; and
1786 (iv) if all the provisions or features identified in Subsection (3)(b)(ii) do not meet the
1787 standard of Subsection (3)(b)(iii), recommend how the proposed optional plan may be [amended]
1788 modified to avoid the statutory or constitutional violation.
1789 (4) (a) If the [attorney general's] attorney's statement under Subsection (3) identifies
1790 provisions or features under Subsection (3)(b)(ii) that meet the standard of Subsection (3)(b)(iii),
1791 the proposed optional plan may not be [presented to the voters under Section 17-52-206 ] the
1792 subject of a resolution or petition under Subsection 17-52-206 (1), except that[: (i) for an optional

1793 plan proposed by a resolution under Subsection 17-52-202 (2)(e), the county legislative body may
1794 amend the optional plan to avoid the violation and then adopt a new resolution under Subsection
1795 17-52-202 (2)(e) that shall be treated as any other resolution under that subsection; and (ii) for an
1796 optional plan proposed in a study committee report under Subsection 17-52-303 (3)(d),] the study
1797 committee may [amend] modify the optional plan to avoid the violation and then [adopt] file a new
1798 report under Subsection 17-52-303 (3)(d) that will be treated as any other report under that
1799 subsection.
1800 (b) [(i)] If the [attorney general's] attorney's statement under Subsection (3) identifies
1801 provisions or features under Subsection (3)(b)(ii) that do not meet the standard of Subsection
1802 (3)(b)(iii), the optional plan may be [amended] modified by the study committee to avoid the
1803 statutory or constitutional violations and then[:] be the subject of a resolution or petition under
1804 Subsection 17-52-206(1).
1805 [(A) submitted to the voters at an election under Section 17-52-206 , if the optional plan
1806 is proposed in a resolution adopted under Subsection 17-52-202 (2)(e), a petition that has been
1807 certified under Subsection 17-52-203 (4)(a)(ii)(A), or a study committee report filed under
1808 Subsection 17-52-303 (3)(d); or]
1809 [(B) the subject of a petition that is circulated for signatures under Subsection
1810 17-52-203 (2), if the attorney general's statement results from a request under Subsection (6).]
1811 [(ii) Each amendment to an optional plan under Subsection (4)(b)(i) shall be made by:]
1812 [(A) for an optional plan proposed in a resolution adopted under Subsection
1813 17-52-202 (2)(e), the county legislative body;]
1814 [(B) for an optional plan proposed in a petition under Section 17-52-203 , the petition
1815 sponsors; and]
1816 [(C) for an optional plan proposed in a study committee report filed under Subsection
1817 17-52-303 (3)(d), the study committee.]
1818 (5) If the [attorney general's] attorney's statement under Subsection (3) does not identify
1819 any provisions or features of the proposed optional plan that, if implemented, would violate a
1820 statutory or constitutional provision, the proposed optional plan may be[:] the subject of a
1821 resolution or petition under Subsection 17-52-206 (1).
1822 [(a) submitted to the voters at an election under Section 17-52-206 , if the optional plan is
1823 proposed in a resolution adopted under Subsection 17-52-202 (2)(e), a petition that has been

1824 certified under Subsection 17-52-203 (4)(a)(ii)(A), or a study committee report filed under
1825 Subsection 17-52-303 (3)(d); or]
1826 [(b) the subject of a petition that is circulated for signatures under Subsection
1827 17-52-203 (2), if the attorney general's statement results from a request under Subsection (6).]
1828 [(6) The attorney general review required under this section for each proposed optional
1829 plan may be obtained in conjunction with the filing of a proposed optional plan under Subsection
1830 17-52-203 (1)(a) by filing a request for attorney general review signed by at least 100 registered
1831 voters residing in the county.]
1832 Section 61. Section 17-52-205 is amended to read:
1833 17-52-205. Voter information pamphlet.
1834 (1) In anticipation of an election under Section 17-52-206 , the county [legislative body]
1835 clerk may prepare a voter information pamphlet to inform the public of the proposed optional plan.
1836 (2) In preparing a voter information pamphlet under this section, the county [legislative
1837 body] clerk may:
1838 (a) allow proponents and opponents of the proposed optional plan to provide written
1839 statements to be included in the pamphlet; and
1840 (b) use as a guideline the provisions of Title 20A, Chapter 7, Part 7, Voter Information
1841 Pamphlet.
1842 (3) Each county [legislative body] clerk preparing a voter information pamphlet under this
1843 section shall cause the publication and distribution of the pamphlet in a manner determined by the
1844 county [legislative body] clerk to be adequate.
1845 Section 62. Section 17-52-206 is amended to read:
1846 17-52-206. Election on recommended optional plan -- Resolution or petition to
1847 submit plan to voters.
1848 (1) (a) [Subject to Section 17-52-204 , the] The county legislative body shall hold an
1849 election [if] on an optional plan [is proposed: (a) by a resolution adopted under Subsection
1850 17-52-202 (2)(e); (b) in a petition filed under Subsection 17-52-203 (2)(a) that is certified under
1851 Subsection 17-52-203 (4)(a)(ii)(A); or (c)] recommended in a study committee report filed under
1852 Subsection 17-52-303 (3)(d)[.] if:
1853 (i) the county or district attorney has completed the review of the recommended optional
1854 plan and has submitted the attorney's report to the county clerk as provided in Section 17-52-204 ;

1855 (ii) the recommended optional plan may, under Subsection 17-52-204 (3), be the subject
1856 of a resolution or petition under this Subsection (1); and
1857 (iii) after the county or district attorney has submitted the attorney's report under Section
1858 17-52-204 :
1859 (A) the county legislative body adopts a resolution to submit the recommended optional
1860 plan to voters; or
1861 (B) a petition is filed with the county clerk that:
1862 (I) is signed by registered voters residing in the county equal in number to at least 10% of
1863 the total number of votes cast in the county at the most recent election for governor;
1864 (II) designates up to five of the petition signers as sponsors, one of whom shall be
1865 designated as the contact sponsor, with the mailing address and telephone number of each; and
1866 (III) requests that the recommended optional plan be submitted to voters.
1867 (b) The process for certifying a petition filed under Subsection (1)(a)(iii)(B) shall be the
1868 same as that provided in Subsection 17-52-203 (3).
1869 (2) Each election under Subsection (1) shall be held at the next regular general or
1870 municipal general election date that is no less than two months after:
1871 (a) the county [clerk's receipt of the attorney general statement under Section 17-52-204 .]
1872 legislative body's adoption of a resolution under Subsection (1)(a)(iii)(A); or
1873 (b) certification of a petition filed under Subsection (1)(a)(iii)(B).
1874 (3) The county [legislative body] clerk shall prepare the ballot for each election under
1875 Subsection (1) so that the question on the ballot[: (a) clearly, accurately, and impartially presents
1876 the proposition to be voted on; and (b) does not constitute an argument or create prejudice for or
1877 against the proposition.] states substantially as follows:
1878 "Shall ___________________ County adopt the alternate form of government known as
1879 the __(insert the proposed form of government)___ that has been recommended by the study
1880 committee?"
1881 (4) The county [legislative body] clerk shall:
1882 (a) cause the complete text of the proposed optional plan to be published in a newspaper
1883 of general circulation within the county at least once during two different calendar weeks within
1884 the 30-day period immediately before the date of the election under Subsection (1); and
1885 (b) make a complete copy of the optional plan and the study committee report available

1886 free of charge to any member of the public who requests a copy[; and].
1887 [(c) if the optional plan is proposed by a study committee report filed under Subsection
1888 17-52-303 (3)(d), make a complete copy of the study committee's report available free of charge
1889 to any member of the public who requests a copy.]
1890 [(5) If an optional plan proposed as a result of a process initiated by the county legislative
1891 body and an optional plan proposed as a result of a process initiated by registered voters are both
1892 scheduled for the same election:]
1893 [(a) both proposals shall appear on the same ballot;]
1894 [(b) a voter may vote for or against each proposal; and]
1895 [(c) if both proposals receive a majority vote of those voting, the proposal with more votes
1896 shall prevail and the other shall be considered rejected.]
1897 Section 63. Section 17-52-207 is amended to read:
1898 17-52-207. Election of officers under optional plan.
1899 If an optional plan is adopted by voters at an election under Section 17-52-206 , the elected
1900 county officers specified in the plan shall be elected at the next regular general election following
1901 the election under Section 17-52-206 , according to the procedure and schedule established under
1902 Title 20A, Election Code, for the election of county officers.
1903 Section 64. Section 17-52-301 is amended to read:
1904 17-52-301. Procedure for appointing members to study committee.
1905 (1) Each [appointed] member of a study committee shall be appointed by an appointment
1906 council as provided in this section.
1907 (2) (a) The county [legislative body] executive shall convene a meeting of the [five] three
1908 members of the appointment council referred to in Subsections 17-52-101 (1)(a), (b), and (c)[, (d),
1909 and (e),] within ten days after[: (i) the adoption of a resolution under Subsection 17-52-202 (4)(a)
1910 or 17-52-203 (3)(d)(i)(A); or (ii)] the canvass of an election [pursuant to a resolution adopted]
1911 under [Subsection 17-52-202 (3)(a) or 17-52-203 (3)(d)(i)(B)] Section 17-52-203.5 if[: (A) the
1912 resolution specified that study committee members would be appointed; and (B)] a majority of
1913 those voting voted in favor of establishing a study committee.
1914 (b) Within ten days of the convening of the first meeting under Subsection (2)(a), the [five]
1915 three members of the appointment council shall designate the remaining [four] two members
1916 referred to in Subsection 17-52-101 (1)[(f)](d).

1917 (3) (a) Within 30 days of the designation of the remaining [four] two members under
1918 Subsection (2)(b), the appointment council shall:
1919 (i) appoint the members to the study committee; and
1920 (ii) notify in writing the appointees, the county executive, and the county legislative body
1921 of the appointments.
1922 (b) In making appointments to the study committee, the appointment council shall work
1923 to achieve a broadly representative membership.
1924 (c) The appointment council may not appoint a person to the study committee unless that
1925 person:
1926 (i) is a registered voter in the county whose form of government will be studied by the
1927 study committee; and
1928 (ii) does not hold any public office or employment other than membership on the
1929 appointment council.
1930 Section 65. Section 17-52-302 is amended to read:
1931 17-52-302. Convening of first meeting of study committee.
1932 The county [legislative body] executive shall convene the first meeting of the study
1933 committee within ten days [of: (1)] after receipt of notification of the study committee members'
1934 appointment under Subsection 17-52-301 (3)(a)[; or].
1935 [(2) the canvass of an election at which study committee members were elected pursuant
1936 to a resolution adopted under Subsection 17-52-202 (3)(a) or 17-52-203 (3)(d)(i)(B).]
1937 Section 66. Section 17-52-303 is amended to read:
1938 17-52-303. Study committee -- Members -- Powers and duties -- Report -- Services
1939 provided by county.
1940 (1) (a) Each study committee shall consist of at least seven but no more than 11 members.
1941 (b) A member of a study committee may not receive compensation for service on the
1942 committee.
1943 (c) The county legislative body shall reimburse each member of a study committee for
1944 necessary expenses incurred in performing the member's duties on the study committee.
1945 (2) A study committee may:
1946 (a) adopt rules for its own organization and procedure and to fill a vacancy in its
1947 membership;

1948 (b) establish advisory boards or committees and include on them persons who are not
1949 members of the study committee; and
1950 (c) request the assistance and advice of any officers or employees of any agency of state
1951 or local government.
1952 (3) Each study committee shall:
1953 (a) study the form of government within the county and compare it with other forms
1954 available under this chapter;
1955 (b) determine whether the administration of local government in the county could be
1956 strengthened, made more clearly responsive or accountable to the people, or significantly improved
1957 in the interest of economy and efficiency by a change in the form of county government;
1958 (c) hold public hearings and community forums and other means the committee considers
1959 appropriate to disseminate information and stimulate public discussion of the committee's
1960 purposes, progress, and conclusions; and
1961 (d) file a written report of its findings and recommendations with the county executive and
1962 the county legislative body no later than one year after the convening of its first meeting under
1963 Section 17-52-302 .
1964 (4) Each study committee report under Subsection (3)(d) shall include:
1965 (a) the study committee's recommendation as to whether the form of county government
1966 should be changed to [an optional] another form authorized under this chapter;
1967 (b) if the study committee recommends changing the form of government, a complete
1968 detailed draft of a proposed plan to change the form of county government, including all necessary
1969 implementing provisions; and
1970 (c) any additional recommendations the study committee considers appropriate to improve
1971 the efficiency and economy of the administration of local government within the county.
1972 (5) (a) If the study committee's report recommends a change in the form of county
1973 government, the study committee may conduct additional public hearings after filing the report
1974 under Subsection (3)(d) and, following the hearings and subject to Subsection (5)(b), alter the
1975 report.
1976 (b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration
1977 to the report:
1978 (i) that would recommend the adoption of an optional form different from that

1979 recommended in the original report; or
1980 (ii) within the 120-day period before the election under Section 17-52-206 .
1981 (6) Each meeting held by the study committee shall be open to the public.
1982 (7) The county legislative body shall provide for the study committee:
1983 (a) suitable meeting facilities;
1984 (b) necessary secretarial services;
1985 (c) necessary printing and photocopying services;
1986 (d) necessary clerical and staff assistance; and
1987 (e) adequate funds for the employment of independent legal counsel and professional
1988 consultants that the study committee reasonably determines to be necessary to help the study
1989 committee fulfill its duties.
1990 Section 67. Section 17-52-401 is amended to read:
1991 17-52-401. Contents of proposed optional plan.
1992 (1) Each optional plan proposed under this chapter [shall]:
1993 (a) shall propose the adoption of one of the forms of county government listed in
1994 Subsection 17-52-402 (1)(a);
1995 (b) shall contain detailed provisions relating to the transition from the existing form of
1996 county government to the form proposed in the optional plan, including provisions relating to the:
1997 (i) election or appointment of officers specified in the optional plan for the new form of
1998 county government;
1999 (ii) [continuity] retention, elimination, or combining of existing offices and [officers], if
2000 an office is eliminated, the division or department of county government responsible for
2001 performing the duties of the eliminated office;
2002 (iii) continuity of existing ordinances and regulations;
2003 (iv) continuation of pending legislative, administrative, or judicial proceedings;
2004 (v) making of interim and temporary appointments; and
2005 (vi) preparation, approval, and adjustment of necessary budget appropriations; [and]
2006 (c) shall specify the date it is to become effective if adopted, which shall not be earlier than
2007 the first day of January next following the election of officers under the new plan; and
2008 [(c)] (d) notwithstanding any other provision of this title and except with respect to an
2009 optional plan that proposes the adoption of the county commission or expanded county

2010 commission form of government, [provide that,] with respect to the county budget[,]:
2011 (i) may provide that the county auditor's role is to be the budget officer [and], to project
2012 county revenues, and to prepare a tentative budget to present to the county executive; and
2013 (ii) shall provide that the county executive's role is to [propose the] prepare and present
2014 a proposed budget to the county legislative body, and the county legislative body's role is to adopt
2015 [the] a final budget.
2016 (2) Subject to Subsection (3), an optional plan may include provisions that are considered
2017 necessary or advisable to the effective operation of the proposed optional plan.
2018 (3) An optional plan may not include any provision that is inconsistent with or prohibited
2019 by the Utah Constitution or any statute.
2020 (4) Each optional plan proposing to change the form of government to a form under
2021 Section 17-52-503 , 17-52-504 , 17-52-505 , or 17-52-506 shall:
2022 (a) provide for the same executive and legislative officers as are specified in the applicable
2023 section for the form of government being proposed by the optional plan;
2024 (b) provide for the election of the county council;
2025 (c) specify the number of county council members, which shall be an odd number from
2026 three to nine;
2027 (d) specify whether the members of the county council are to be elected from districts, at
2028 large, or by a combination of at large and by district;
2029 (e) specify county council members' qualifications and terms and whether the terms are
2030 to be staggered;
2031 (f) contain procedures for filling vacancies on the county council, consistent with the
2032 provisions of Section 20A-1-508 ; and
2033 (g) state the initial compensation, if any, of county council members and procedures for
2034 prescribing and changing compensation.
2035 (5) Each optional plan proposing to change the form of government to the county
2036 commission form under Section 17-52-501 or the expanded county commission form under
2037 Section 17-52-502 shall specify:
2038 (a) (i) for the county commission form of government, that the county commission shall
2039 have three members; or
2040 (ii) for the expanded county commission form of government, whether the county

2041 commission shall have five or seven members;
2042 (b) the terms of office for county commission members and whether the terms are to be
2043 staggered;
2044 (c) whether members of the county commission are to be elected from districts, at large,
2045 or by a combination of at large and from districts; and
2046 (d) if any members of the county commission are to be elected from districts, the district
2047 residency requirements for those commission members.
2048 Section 68. Section 17-52-402 is amended to read:
2049 17-52-402. Plan may propose changing forms of county government -- Plan may
2050 propose change of structural form.
2051 (1) (a) Each optional plan shall propose changing the form of county government to:
2052 (i) the county commission form under Section 17-52-501 ;
2053 (ii) the expanded county commission form under Section 17-52-502 ;
2054 [(iii) the executive and chief administrative officer-council form under Section 17-52-503 ;]
2055 [(iv)] (iii) the county executive and council form under Section 17-52-504 ; or
2056 [(v)] (iv) the council-manager form under Section 17-52-505 [; or].
2057 [(vi) the council and county administrative officer form under Section 17-52-506 .]
2058 (b) An optional plan adopted after May 1, 2000 may not:
2059 (i) propose changing the form of government to a form not included in Subsection (1)(a);
2060 (ii) provide for the nonpartisan election of elected officers;
2061 (iii) impose a limit on the number of terms or years that an elected officer may serve; or
2062 (iv) provide for elected officers to be subject to a recall election.
2063 [(2) (a) If an optional plan proposes changing the form of county government to a form
2064 that has a separate county executive, the county executive may be:]
2065 [(i) an individual elected at large in the county; or]
2066 [(ii) a county executive body consisting of at least three members, elected at large or by
2067 district or a combination of both, as provided in the optional plan.]
2068 [(b) An optional plan that proposes changing to a form of government with an executive
2069 body, as provided in Subsection (2)(a)(ii), may divide the executive duties among the members of
2070 the executive body.]
2071 [(3)] (2) In addition to proposing the adoption of any one of the optional forms of county

2072 government under Subsection (1)(a), an optional plan may also propose the adoption of any one
2073 of the structural forms of county government provided under Chapter 35b, Part 3, Structural Forms
2074 of County Government.
2075 Section 69. Section 17-52-403 is amended to read:
2076 17-52-403. Adoption of optional plan -- Effect of adoption.
2077 (1) If a proposed optional plan is approved at an election held under Section 17-52-206 :
2078 (a) the proposed optional plan becomes effective according to its terms and, subject to
2079 Subsection 17-52-401 (1)(c), at the time specified in it, is public record open to inspection by the
2080 public, and is judicially noticeable by all courts;
2081 (b) the county clerk shall, within ten days of the canvass of the election, file with the
2082 lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct copy;
2083 (c) all public officers and employees shall cooperate fully in making the transition between
2084 forms of county government; and
2085 (d) the county legislative body may enact and enforce necessary ordinances to bring about
2086 an orderly transition to the new form of government, including any transfer of power, records,
2087 documents, properties, assets, funds, liabilities, or personnel that are consistent with the approved
2088 optional plan and necessary or convenient to place it into full effect.
2089 (2) Adoption of an optional plan changing only the form of county government without
2090 adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
2091 Government, does not alter or affect the boundaries, organization, powers, duties, or functions of
2092 any:
2093 (a) school district;
2094 (b) justice court;
2095 (c) independent special district established under Title 17A, Chapter 2, Independent
2096 Special Districts;
2097 (d) city or town; or
2098 (e) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
2099 Cooperation Act.
2100 (3) After the adoption of an optional plan, the county remains vested with all powers and
2101 duties vested generally in counties by statute.
2102 Section 70. Section 17-53-106 is enacted to read:

2103 17-53-106. Supervision of county elected officers -- Legislative body and executive
2104 may examine and audit accounts and conduct investigation.
2105 (1) For purposes of this section, "professional duties" means a county elected officer's
2106 functions, duties, and responsibilities specifically provided for by law and includes:
2107 (a) the exercise of professional judgment and discretion reasonably related to the officer's
2108 required functions, duties, and responsibilities; and
2109 (b) the management of deputies and other employees under the supervision of the elected
2110 officer under statute or county ordinance, policy, or regulation.
2111 (2) (a) A county legislative body and a county executive each:
2112 (i) may generally direct and supervise all elected county officers and employees to ensure
2113 compliance with general county administrative ordinances, rules, or policies;
2114 (ii) may not direct or supervise other elected county officers or their sworn deputies with
2115 respect to the performance of the professional duties of the officers or deputies;
2116 (iii) may examine and audit the accounts of all county officers having the care,
2117 management, collection, or distribution of monies belonging to the county, appropriated to the
2118 county, or otherwise available for the county's use and benefit; and
2119 (iv) may investigate any matter pertaining to a county officer or to the county or its
2120 business or affairs, and may require the attendance of witnesses and take evidence in any such
2121 investigation.
2122 (b) In an investigation under Subsection (2)(a)(iv):
2123 (i) the county executive or any member of the county legislative body may issue subpoenas
2124 and administer oaths to witnesses; and
2125 (ii) if the county legislative body issue subpoenas and appoints members of the legislative
2126 body as a committee and confers on the committee power to hear or take evidence, the committee
2127 shall have the same power as the full county legislative body.
2128 (3) Nothing in this section may be construed to prohibit the county executive or county
2129 legislative body from initiating an action for removal or prosecution of an elected county officer
2130 as provided by statute.
2131 Section 71. Section 17-53-201 is amended to read:
2132 17-53-201. General powers, duties, and functions of county legislative body.
2133 (1) Except as expressly provided otherwise in statute, each county legislative body shall

2134 exercise all legislative powers, have all legislative duties, and perform all legislative functions of
2135 the county, including those enumerated in this part.
2136 (2) A county legislative body may take any action required by law and necessary to the full
2137 discharge of its duties, even though the action is not expressly authorized by statute.
2138 Section 72. Section 17-53-301 is amended to read:
2139 17-53-301. General powers, duties, and functions of county executive.
2140 (1) The elected county executive is the chief executive [office] officer of the county.
2141 (2) Except as expressly provided otherwise in statute and except as contrary to the powers,
2142 duties, and functions of other county officers expressly provided for in Chapters 16, 17, 18, 19, 20,
2143 21, 22, 23, and 24, each county executive shall exercise all executive powers, have all executive
2144 duties, and perform all executive functions of the county, including those enumerated in this part.
2145 (3) A county executive may take any action required by law and necessary to the full
2146 discharge of the executive's duties, even though the action is not expressly authorized in statute.
2147 Section 73. Section 17-53-302 is amended to read:
2148 17-53-302. County executive duties.
2149 Each county executive shall:
2150 (1) exercise supervisory control over all functions of the executive branch of county
2151 government;
2152 (2) direct and organize the management of the county in a manner consistent with state
2153 law, county ordinance, and the county's optional plan of county government;
2154 (3) carry out programs and policies established by the county legislative body;
2155 (4) faithfully ensure compliance with all applicable laws and county ordinances;
2156 (5) exercise supervisory and coordinating control over all departments of county
2157 government;
2158 (6) except as otherwise vested in the county legislative body by state law or by the optional
2159 plan of county government, appoint, suspend, and remove the directors of all county departments
2160 and all appointive officers of boards and commissions;
2161 (7) except as otherwise delegated by statute to another county officer, exercise
2162 administrative and auditing control over all funds and assets, tangible and intangible, of the county;
2163 (8) except as otherwise delegated by statute to another county officer, supervise and direct
2164 centralized budgeting, accounting, personnel management, purchasing, and other service functions

2165 of the county;
2166 (9) conduct planning studies and make recommendations to the county legislative body
2167 relating to financial, administrative, procedural, and operational plans, programs, and
2168 improvements in county government;
2169 (10) maintain a continuing review of expenditures and of the effectiveness of departmental
2170 budgetary controls;
2171 (11) develop systems and procedures, not inconsistent with statute, for planning,
2172 programming, budgeting, and accounting for all activities of the county;
2173 (12) if the county executive is an elected county executive, exercise a power of veto over
2174 ordinances enacted by the county legislative body, including an item veto upon budget
2175 appropriations, in the manner provided by the optional plan of county government; [and]
2176 (13) review, negotiate, approve, and execute contracts for the county, unless otherwise
2177 provided by statute; and
2178 [(13)] (14) perform all other functions and duties required of the executive by state law,
2179 county ordinance, and the optional plan of county government.
2180 Section 74. Section 17-53-315 is amended to read:
2181 17-53-315. Actions -- Control and direction.
2182 (1) (a) A county executive may control and direct the prosecution [and], defense, and
2183 settlement of all lawsuits and other actions:
2184 (i) to which the county is a party[, and, when];
2185 (ii) as to which the county may be required to pay the judgment or the costs of prosecution
2186 or defense; or
2187 (iii) as further provided by county ordinance.
2188 (b) If necessary, the county executive may, upon the recommendation of the county or
2189 district attorney or if required by court order, employ counsel to represent the county in the lawsuit
2190 or other action or assist the county attorney or, in a county that does not have a county attorney,
2191 the district attorney in conducting those [actions] lawsuits or any other [cases] actions where the
2192 county attorney or district attorney, as the case may be, is authorized by law to act.
2193 (2) If a lawsuit or other action is brought or prosecuted by another elected official or a
2194 board or other entity of the county under a statutory duty, that other elected official, board, or other
2195 entity may control and direct the lawsuit or other action, consistent with applicable law.

2196 Section 75. Section 17-53-316 is enacted to read:
2197 17-53-316. Executive orders.
2198 (1) The county executive may issue an executive order to:
2199 (a) establish an executive policy;
2200 (b) implement an executive practice; or
2201 (c) execute a legislative policy or ordinance, as provided by statute.
2202 (2) An executive order may not:
2203 (a) be inconsistent with county ordinances addressing or with policies established by the
2204 county legislative body addressing the same subject as the executive order; or
2205 (b) expand or narrow legislative action taken or legislative policy issued by the county
2206 legislative body.
2207 (3) Each executive order exercising supervisory power over other elected county officers
2208 shall be consistent with the authority given the county executive under Section 17-53-106 .
2209 Section 76. Section 17-53-317 is enacted to read:
2210 17-53-317. Executive appointment with advice and consent of county legislative body.
2211 The appointment of a person to fill a position on a board, committee, or similar body whose
2212 membership is appointed by the county shall be by the county executive, with the advice and
2213 consent of the county legislative body.
2214 Section 77. Section 20A-1-102 is amended to read:
2215 20A-1-102. Definitions.
2216 As used in this title:
2217 (1) "Active voter" means a registered voter who has not been classified as an inactive voter
2218 by the county clerk.
2219 (2) "Automatic tabulating equipment" means apparatus that automatically examines and
2220 counts votes recorded on paper ballots or ballot cards and tabulates the results.
2221 (3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
2222 votes and includes ballot cards, paper ballots, and secrecy envelopes.
2223 (4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
2224 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain
2225 the names of offices and candidates and statements of ballot propositions to be voted on and which
2226 are used in conjunction with ballot cards.

2227 (6) "Ballot proposition" means opinion questions specifically authorized by the
2228 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions that
2229 are submitted to the voters for their approval or rejection.
2230 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
2231 20A-4-306 to canvass election returns.
2232 (8) "Bond election" means an election held for the sole purpose of approving or rejecting
2233 the proposed issuance of bonds by a government entity.
2234 (9) "Book voter registration form" means voter registration forms contained in a bound
2235 book that are used by election officers and registration agents to register persons to vote.
2236 (10) "By-mail voter registration form" means a voter registration form designed to be
2237 completed by the voter and mailed to the election officer.
2238 (11) "Canvass" means the review of election returns and the official declaration of election
2239 results by the board of canvassers.
2240 (12) "Canvassing judge" means an election judge designated to assist in counting ballots
2241 at the canvass.
2242 (13) "Convention" means the political party convention at which party officers and
2243 delegates are selected.
2244 (14) "Counting center" means one or more locations selected by the election officer in
2245 charge of the election for the automatic counting of ballots.
2246 (15) "Counting judge" means a judge designated to count the ballots during election day.
2247 (16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201
2248 to witness the counting of ballots.
2249 (17) "Counting room" means a suitable and convenient private place or room, immediately
2250 adjoining the place where the election is being held, for use by the counting judges to count ballots
2251 during election day.
2252 (18) "County executive" [means:] has the meaning as provided in Subsection 68-3-12 (2).
2253 [(a) the county commission in the county commission or expanded county commission
2254 form of government established under Title 17, Chapter 52, Forms of County Government;]
2255 [(b) the county executive in the county executive and chief administrative officer-council
2256 optional form of government authorized by Section 17-52-503 ;]
2257 [(c) the county executive in the county executive-council optional form of government

2258 authorized by Section 17-52-504 ;]
2259 [(d) the county council in the council-manager optional form of government authorized
2260 by Section 17-52-505 ; and]
2261 [(e) the county council in the council-county administrative officer optional form of
2262 government authorized by Section 17-52-506 .]
2263 (19) "County legislative body" [means:] has the meaning as provided in Subsection
2264 68-3-12 (2).
2265 [(a) the county commission in the county commission or expanded county commission
2266 form of government established under Title 17, Chapter 52, Forms of County Government;]
2267 [(b) the county council in the county executive and chief administrative officer-council
2268 optional form of government authorized by Section 17-52-503 ;]
2269 [(c) the county council in the county executive-council optional form of government
2270 authorized by Section 17-52-504 ;]
2271 [(d) the county council in the council-manager optional form of government authorized
2272 by Section 17-52-505 ; and]
2273 [(e) the county council in the council-county administrative officer optional form of
2274 government authorized by Section 17-52-506 .]
2275 (20) "County officers" means those county officers that are required by law to be elected.
2276 (21) "Election" means a regular general election, a municipal general election, a statewide
2277 special election, a local special election, a regular primary election, a municipal primary election,
2278 and a special district election.
2279 (22) "Election cycle" means the period beginning on the first day persons are eligible to
2280 file declarations of candidacy and ending when the canvass is completed.
2281 (23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
2282 (24) "Election officer" means:
2283 (a) the lieutenant governor, for all statewide ballots;
2284 (b) the county clerk or clerks for all county ballots and for certain special district and
2285 school district ballots as provided in Section 20A-5-400.5 ;
2286 (c) the municipal clerk for all municipal ballots and for certain special district and school
2287 district ballots as provided in Section 20A-5-400.5 ; and
2288 (d) the special district clerk or chief executive officer for all special district ballots that are

2289 not part of a statewide, county, or municipal ballot.
2290 (25) "Election official" means any election officer, election judge, or satellite registrar.
2291 (26) "Election returns" includes the pollbook, all affidavits of registration, the military and
2292 overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
2293 absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
2294 ballot disposition form, and the total votes cast form.
2295 (27) "Electronic voting system" means a system in which a voting device is used in
2296 conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
2297 tabulating equipment.
2298 (28) "Inactive voter" means a registered voter who has been sent the notice required by
2299 Section 20A-2-306 and who has failed to respond to that notice.
2300 (29) "Inspecting poll watcher" means a person selected as provided in this title to witness
2301 the receipt and safe deposit of voted and counted ballots.
2302 (30) "Judicial office" means the office filled by any judicial officer.
2303 (31) "Judicial officer" means any justice or judge of a court of record or any county court
2304 judge.
2305 (32) "Local election" means a regular municipal election, a local special election, a special
2306 district election, and a bond election.
2307 (33) "Local political subdivision" means a county, a municipality, a special district, or a
2308 local school district.
2309 (34) "Local special election" means a special election called by the governing body of a
2310 local political subdivision in which all registered voters of the local political subdivision may vote.
2311 (35) "Municipal executive" means:
2312 (a) the city commission, city council, or town council in the traditional management
2313 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
2314 (b) the mayor in the council-mayor optional form of government defined in Section
2315 10-3-1209 ; and
2316 (c) the manager in the council-manager optional form of government defined in Section
2317 10-3-1209 .
2318 (36) "Municipal general election" means the election held in municipalities and special
2319 districts on the first Tuesday after the first Monday in November of each odd-numbered year for

2320 the purposes established in Section 20A-1-202 .
2321 (37) "Municipal legislative body" means:
2322 (a) the city commission, city council, or town council in the traditional management
2323 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
2324 (b) the municipal council in the council-mayor optional form of government defined in
2325 Section 10-3-1209 ; and
2326 (c) the municipal council in the council-manager optional form of government defined in
2327 Section 10-3-1209 .
2328 (38) "Municipal officers" means those municipal officers that are required by law to be
2329 elected.
2330 (39) "Municipal primary election" means an election held to nominate candidates for
2331 municipal office.
2332 (40) "Official ballot" means the ballots distributed by the election officer to the election
2333 judges to be given to voters to record their votes.
2334 (41) "Official endorsement" means:
2335 (a) the information on the ballot that identifies:
2336 (i) the ballot as an official ballot;
2337 (ii) the date of the election; and
2338 (iii) the facsimile signature of the election officer; and
2339 (b) the information on the ballot stub that identifies:
2340 (i) the election judge's initials; and
2341 (ii) the ballot number.
2342 (42) "Official register" means the book furnished election officials by the election officer
2343 that contains the information required by Section 20A-5-401 .
2344 (43) "Paper ballot" means a paper that contains:
2345 (a) the names of offices and candidates and statements of ballot propositions to be voted
2346 on; and
2347 (b) spaces for the voter to record his vote for each office and for or against each ballot
2348 proposition.
2349 (44) "Political party" means an organization of registered voters that has qualified to
2350 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party

2351 Formation and Procedures.
2352 (45) "Polling place" means the building where residents of a voting precinct vote.
2353 (46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
2354 which the voter marks his choice.
2355 (47) "Posting list" means a list of registered voters within a voting precinct.
2356 (48) "Primary convention" means the political party conventions at which nominees for
2357 the regular primary election are selected.
2358 (49) "Protective counter" means a separate counter, which cannot be reset, that is built into
2359 a voting machine and records the total number of movements of the operating lever.
2360 (50) "Qualify" or "qualified" means to take the oath of office and begin performing the
2361 duties of the position for which the person was elected.
2362 (51) "Receiving judge" means the election judge that checks the voter's name in the official
2363 register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
2364 has voted.
2365 (52) "Registration days" means the days designated in Section 20A-2-203 when a voter
2366 may register to vote with a satellite registrar.
2367 (53) "Registration form" means a book voter registration form and a by-mail voter
2368 registration form.
2369 (54) "Regular general election" means the election held throughout the state on the first
2370 Tuesday after the first Monday in November of each even-numbered year for the purposes
2371 established in Section 20A-1-201 .
2372 (55) "Regular primary election" means the election on the fourth Tuesday of June of each
2373 even-numbered year, at which candidates of political parties and nonpolitical groups are voted for
2374 nomination.
2375 (56) "Resident" means a person who resides within a specific voting precinct in Utah.
2376 (57) "Sample ballot" means a mock ballot similar in form to the official ballot printed and
2377 distributed as provided in Section 20A-5-405 .
2378 (58) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
2379 voters and perform other duties.
2380 (59) "Scratch vote" means to mark or punch the straight party ticket and then mark or
2381 punch the ballot for one or more candidates who are members of different political parties.

2382 (60) "Secrecy envelope" means the envelope given to a voter along with the ballot into
2383 which the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's
2384 vote.
2385 (61) "Special district" means those local government entities created under the authority
2386 of Title 17A.
2387 (62) "Special district officers" means those special district officers that are required by law
2388 to be elected.
2389 (63) "Special election" means an election held as authorized by Section 20A-1-204 .
2390 (64) "Spoiled ballot" means each ballot that:
2391 (a) is spoiled by the voter;
2392 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
2393 (c) lacks the official endorsement.
2394 (65) "Statewide special election" means a special election called by the governor or the
2395 Legislature in which all registered voters in Utah may vote.
2396 (66) "Stub" means the detachable part of each ballot.
2397 (67) "Substitute ballots" means replacement ballots provided by an election officer to the
2398 election judges when the official ballots are lost or stolen.
2399 (68) "Ticket" means each list of candidates for each political party or for each group of
2400 petitioners.
2401 (69) "Transfer case" means the sealed box used to transport voted ballots to the counting
2402 center.
2403 (70) "Vacancy" means the absence of a person to serve in any position created by statute,
2404 whether that absence occurs because of death, disability, disqualification, resignation, or other
2405 cause.
2406 (71) "Valid write-in candidate" means a candidate who has qualified as a write-in
2407 candidate by following the procedures and requirements of this title.
2408 (72) "Voter" means a person who meets the requirements for voting in an election, meets
2409 the requirements of election registration, is registered to vote, and is listed in the official register
2410 book.
2411 (73) "Voting area" means the area within six feet of the voting booths, voting machines,
2412 and ballot box.

2413 (74) "Voting booth" means the space or compartment within a polling place that is
2414 provided for the preparation of ballots and includes the voting machine enclosure or curtain.
2415 (75) "Voting device" means:
2416 (a) an apparatus in which ballot cards are used in connection with a punch device for
2417 piercing the ballots by the voter;
2418 (b) a device for marking the ballots with ink or another substance; or
2419 (c) any other method for recording votes on ballots so that the ballot may be tabulated by
2420 means of automatic tabulating equipment.
2421 (76) "Voting machine" means a machine designed for the sole purpose of recording and
2422 tabulating votes cast by voters at an election.
2423 (77) "Voting poll watcher" means a person appointed as provided in this title to witness
2424 the distribution of ballots and the voting process.
2425 (78) "Voting precinct" means the smallest voting unit established as provided by law
2426 within which qualified voters vote at one polling place.
2427 (79) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting
2428 poll watcher.
2429 (80) "Western States Presidential Primary" means the election established in Title 20A,
2430 Chapter 9, Part 8.
2431 (81) "Write-in ballot" means a ballot containing any write-in votes.
2432 (82) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
2433 according to the procedures established in this title.
2434 Section 78. Section 20A-6-302 is amended to read:
2435 20A-6-302. Placement of candidates' names on paper ballots.
2436 (1) Each election officer shall ensure, for paper ballots in regular general elections, that:
2437 (a) except for candidates for state school board and local school boards:
2438 (i) each candidate is listed by party; and
2439 (ii) candidates' surnames are listed in alphabetical order on the ballots when two or more
2440 candidates' names are required to be listed on a ticket under the title of an office;
2441 (b) the names of candidates for the State Board of Education are placed on the ballot as
2442 certified by the lieutenant governor under Section 20A-14-105 ;
2443 (c) if candidates for membership on a local board of education were selected in a regular

2444 primary election, the name of the candidate who received the most votes in the regular primary
2445 election is listed first on the ballot; and
2446 (d) if candidates for membership on a local board of education were not selected in the
2447 regular primary election, the names of the candidates are listed on the ballot in the order
2448 determined by a lottery conducted by the county clerk.
2449 (2) (a) The election officer may not allow the name of a candidate who dies or withdraws
2450 before election day to be printed upon the ballots.
2451 (b) If the ballots have already been printed, the election officer:
2452 (i) shall, if possible, cancel the name of the dead or withdrawn candidate by drawing a line
2453 through the candidate's name before the ballots are delivered to voters; and
2454 (ii) may not count any votes for that dead or withdrawn candidate.
2455 (3) (a) When there is only one candidate for county attorney at the regular general election
2456 in counties that have three or fewer registered voters of the county who are licensed active
2457 members in good standing of the Utah State Bar, the county clerk shall cause that candidate's name
2458 and party affiliation, if any, to be placed on a separate section of the ballot with the following
2459 question: "Shall (name of candidate) be elected to the office of county attorney? Yes ____ No
2460 ____."
2461 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
2462 elected to the office of county attorney.
2463 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
2464 elected and may not take office, nor may he continue in the office past the end of the term resulting
2465 from any prior election or appointment.
2466 (d) When the name of only one candidate for county attorney is printed on the ballot under
2467 authority of Subsection (3), the county clerk may not count any write-in votes received for the
2468 office of county attorney.
2469 (e) If no qualified person files for the office of county attorney or if the candidate is not
2470 elected by the voters, the county legislative body shall appoint the county attorney as provided in
2471 Section 20A-1-509.2 .
2472 (f) If the candidate whose name would, except for this Subsection (3)(f), be placed on the
2473 ballot under Subsection (3)(a) has been elected on a ballot under Subsection (3)(a) to the two
2474 consecutive terms immediately preceding the term for which the candidate is seeking election,

2475 Subsection (3)(a) shall not apply and that candidate shall be considered to be an unopposed
2476 candidate the same as any other unopposed candidate for another office, unless a petition is filed
2477 with the county clerk before the date of that year's primary election that:
2478 (i) requests the procedure set forth in Subsection (3)(a) to be followed; and
2479 (ii) contains the signatures of registered voters in the county representing in number at
2480 least 25% of all votes cast in the county for all candidates for governor at the last election at which
2481 a governor was elected.
2482 (4) (a) When there is only one candidate for district attorney at the regular general election
2483 in a prosecution district that has three or fewer registered voters of the district who are licensed
2484 active members in good standing of the Utah State Bar, the county clerk shall cause that
2485 candidate's name and party affiliation, if any, to be placed on a separate section of the ballot with
2486 the following question: "Shall (name of candidate) be elected to the office of district attorney? Yes
2487 ____ No ____."
2488 (b) If the number of "Yes" votes exceeds the number of "No" votes, the candidate is
2489 elected to the office of district attorney.
2490 (c) If the number of "No" votes exceeds the number of "Yes" votes, the candidate is not
2491 elected and may not take office, nor may he continue in the office past the end of the term resulting
2492 from any prior election or appointment.
2493 (d) When the name of only one candidate for district attorney is printed on the ballot under
2494 authority of Subsection (4), the county clerk may not count any write-in votes received for the
2495 office of district attorney.
2496 (e) If no qualified person files for the office of district attorney, or if the only candidate is
2497 not elected by the voters under this subsection, the county legislative body shall appoint a new
2498 district attorney for a four-year term as provided in Section 20A-1-509.2 .
2499 (f) If the candidate whose name would, except for this Subsection (4)(f), be placed on the
2500 ballot under Subsection (4)(a) has been elected on a ballot under Subsection (4)(a) to the two
2501 consecutive terms immediately preceding the term for which the candidate is seeking election,
2502 Subsection (4)(a) shall not apply and that candidate shall be considered to be an unopposed
2503 candidate the same as any other unopposed candidate for another office, unless a petition is filed
2504 with the county clerk before the date of that year's primary election that:
2505 (i) requests the procedure set forth in Subsection (4)(a) to be followed; and

2506 (ii) contains the signatures of registered voters in the county representing in number at
2507 least 25% of all votes cast in the county for all candidates for governor at the last election at which
2508 a governor was elected.
2509 Section 79. Section 21-2-3 is amended to read:
2510 21-2-3. Fees of county recorder.
2511 (1) The county recorder shall receive the following fees:
2512 (a) for receiving, entering, and filing any instrument, paper, or notice, not otherwise
2513 provided for, other than bonds of public officers, $10;
2514 (b) for recording any instrument, paper, or notice, including those provided for under Title
2515 70A, Uniform Commercial Code, other than bonds of public officers, and not otherwise provided
2516 for, $10 for the first page, if the page is not larger than 8 1/2 inches x 14 inches in size, and $2 for
2517 each additional page, and if any instrument, paper, or notice contains more than one description,
2518 $1 for each additional description;
2519 (c) for recording any instrument in which a right-of-way is described, which is connected
2520 with or is appurtenant to any tract of land described in the instrument, $1, but if the instrument
2521 contains a description of more than one right-of-way, $1 for each additional right-of-way, and if
2522 any instrument contains more than two names for either first or second party, or plaintiffs or
2523 defendants, for each additional name, $1;
2524 (d) for recording, indexing, and abstracting mining location notices, and recording,
2525 indexing, and abstracting affidavits of labor affecting mining claims, $10 for the first page if that
2526 page is not larger than 8 1/2 inches by 14 inches in size, and $2 for each additional page; and
2527 (e) for a location notice, affidavit, or proof of labor which contains names of more than
2528 two signers, $1 for each additional name, and for an affidavit or proof of labor which contains
2529 more than one mining claim, $1 for each additional mining claim.
2530 (2) (a) Each county recorder shall record the mining rules of the several mining districts
2531 in each county without fee.
2532 (b) Certified copies of these records shall be received in all tribunals and before all officers
2533 of this state as prima facie evidence of the rules.
2534 (3) The county recorder shall receive the following fees:
2535 (a) for copies of any record or [paper] document, a reasonable fee as determined [and set]
2536 by the county legislative body;

2537 (b) for each certificate under seal, [$2] $5;
2538 (c) for recording any plat of a subdivision into lots and blocks, $1 for each lot, and $30 for
2539 each sheet;
2540 (d) for recording any other plat or map, $30 for each sheet and $1 for each lot or unit
2541 designation;
2542 (e) for taking and certifying acknowledgments, including seal, $5 for one name and $2 for
2543 each additional name;
2544 (f) for recording any license issued by the Division of Occupational and Professional
2545 Licensing, $10;
2546 (g) for filing of federal tax lien, $10, and for the discharge of the lien, $10; and
2547 [(h) for copies of microfilm, a charge per lineal foot as fixed by the county governing
2548 body, not to exceed the cost of reproduction of the film plus 10%; and]
2549 [(i)] (h) for all services not enumerated in this section, a reasonable compensation.
2550 Section 80. Section 57-1-45 is enacted to read:
2551 57-1-45. Boundary line agreements.
2552 (1) If properly executed and acknowledged as required under this chapter, an agreement
2553 between property owners designating the boundary line between their properties, when recorded
2554 in the office of the recorder of the county in which the property is located, shall act as a quitclaim
2555 deed and convey all of each party's right, title, interest, and estate in property outside the agreed
2556 boundary line that had been the subject of the boundary dispute that led to the boundary line
2557 agreement.
2558 (2) Each boundary line agreement under Subsection (1) shall contain a description of the
2559 land conveyed and the address of each grantee.
2560 Section 81. Section 57-3-106 is amended to read:
2561 57-3-106. Original documents required -- Captions -- Legibility.
2562 (1) (a) Unless otherwise provided, documents presented for recording in the office of the
2563 county recorder shall:
2564 (i) be originals; and
2565 (ii) contain a brief caption stating the nature of the document.
2566 (b) If a document is a master form, as defined in Section 57-3-201 , the caption required
2567 by Subsection (1)(a)(ii) shall state that the document is a master form.

2568 (2) Documents presented for recording shall also be sufficiently legible for the recorder
2569 to make certified copies.
2570 (3) (a) A document which is of record in the office of the appropriate county recorder in
2571 compliance with this chapter may not be recorded again in that same county recorder's office
2572 unless the original document has been reexecuted by all parties who executed the document.
2573 Unless exempt by statute, original documents which are reexecuted must also contain the
2574 appropriate acknowledgment, proof of execution, jurat or other notarial certification for all parties
2575 who are reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act,
2576 and Title 57, Chapter 2, Acknowledgments. Documents submitted for rerecording shall contain
2577 a brief statement explaining the reason for rerecording.
2578 (b) A county recorder may refuse to accept a document for rerecording if that document
2579 does not conform to the requirements of this section.
2580 (c) Subsection (3) of this section applies only to documents executed after July 1, 1998.
2581 (4) Minor typographical or clerical errors in a document of record may be corrected by the
2582 recording of an affidavit or other appropriate instrument.
2583 Section 82. Section 59-2-502 is amended to read:
2584 59-2-502. Definitions.
2585 As used in this part:
2586 (1) "Land in agricultural use" means:
2587 (a) land devoted to the raising of useful plants and animals with a reasonable expectation
2588 of profit, including:
2589 (i) forages and sod crops;
2590 (ii) grains and feed crops;
2591 (iii) livestock as defined in Section 59-2-102 ;
2592 (iv) trees and fruits; or
2593 (v) vegetables, nursery, floral, and ornamental stock; or
2594 (b) land devoted to and meeting the requirements and qualifications for payments or other
2595 compensation under a crop-land retirement program with an agency of the state or federal
2596 government.
2597 (2) "Platted" means land in which:
2598 (a) parcels of ground are laid out and mapped by their boundaries, course, and extent; and

2599 (b) the [governing body of the city, town, or county] plat has been approved [the plat] as
2600 provided in Section 10-9-805 or 17-27-805 .
2601 (3) "Rollback" means the period preceding the withdrawal of the land from the provisions
2602 of this part or the change in use of the land, not to exceed five years, during which the land is
2603 valued, assessed, and taxed under this part.
2604 Section 83. Section 59-2-1366 is amended to read:
2605 59-2-1366. Apportionment of redemption or assignment money.
2606 [Whenever] (1) If property sold to the county under this title is redeemed, or the certificate
2607 of sale is assigned, the moneys received on account of the redemption or assignment shall be
2608 distributed as follows: the original and subsequent taxes, and 40% of interest, penalty, and costs
2609 of sale received shall be apportioned to the taxing entities interested, in proportion to their
2610 respective taxes, and the balance shall be paid to the county. [In all cases where]
2611 (2) If a sum less than the taxes, interest, penalty, and costs is accepted in settlement, the
2612 proceeds of the settlement shall be applied, first to the payment of the original and subsequent
2613 taxes, and the remainder, if any, to the payment of interest, penalty, and costs. [The county
2614 treasurer shall keep an accurate account of all moneys paid in redemption of property sold to the
2615 county and for assignments of certificates of sale, and shall, on the first Monday of March of each
2616 year, or at any other times the state auditor may direct, make a detailed report, verified by affidavit,
2617 of each account year to the state auditor, in a form required by the state auditor.]
2618 Section 84. Section 68-3-12 is amended to read:
2619 68-3-12. Rules of construction.
2620 (1) In the construction of these statutes, the following general rules shall be observed,
2621 unless such construction would be inconsistent with the manifest intent of the Legislature or
2622 repugnant to the context of the statute:
2623 (a) The singular number includes the plural, and the plural the singular.
2624 (b) Words used in one gender comprehend the other.
2625 (c) Words used in the present tense include the future.
2626 (2) In the construction of these statutes, the following definitions shall be observed, unless
2627 the definition would be inconsistent with the manifest intent of the Legislature, or repugnant to the
2628 context of the statute:
2629 (a) "Adjudicative proceeding" means:

2630 (i) all actions by a board, commission, department, officer, or other administrative unit of
2631 the state that determine the legal rights, duties, privileges, immunities, or other legal interests of
2632 one or more identifiable persons, including all actions to grant, deny, revoke, suspend, modify,
2633 annul, withdraw, or amend an authority, right, or license; and
2634 (ii) judicial review of all such actions.
2635 (b) "Advisory board," "advisory commission," and "advisory council" means a board,
2636 commission, or council that:
2637 (i) provides advice and makes recommendations to another person or entity who makes
2638 policy for the benefit of the general public;
2639 (ii) is created by and whose duties are provided by statute or by executive order; and
2640 (iii) performs its duties only under the supervision of another person as provided by
2641 statute.
2642 (c) "Councilman" includes a town trustee or a city commissioner, and "city commissioner"
2643 includes a councilman.
2644 (d) "County executive" means:
2645 (i) the county commission in the county commission or expanded county commission form
2646 of government established under Title 17, Chapter 52, Forms of County Government;
2647 [(ii) the county executive in the "county executive and chief administrative officer-council"
2648 optional form of government authorized by Section 17-52-503 ;]
2649 [(iii)] (ii) the county executive in the "county executive-council" optional form of
2650 government authorized by Section 17-52-504 ; and
2651 [(iv)] (iii) the county manager in the "council-manager" optional form of government
2652 authorized by Section 17-52-505 [; and].
2653 [(v) the county council in the "council-county administrative officer" optional form of
2654 government authorized by Section 17-52-506 .]
2655 (e) "County legislative body" means:
2656 (i) the county commission in the county commission or expanded county commission form
2657 of government established under Title 17, Chapter 52, Forms of County Government;
2658 [(ii) the county council in the "county executive and chief administrative officer-council"
2659 optional form of government authorized by Section 17-52-503 ;]
2660 [(iii)] (ii) the county council in the "county executive-council" optional form of

2661 government authorized by Section 17-52-504 ; and
2662 [(iv)] (iii) the county council in the "council-manager" optional form of government
2663 authorized by Section 17-52-505 ; [and].
2664 [(v) the county council in the "council-county administrative officer" optional form of
2665 government authorized by Section 17-52-506 .]
2666 (f) "Executor" includes administrator, and the term "administrator" includes executor,
2667 when the subject matter justifies such use.
2668 (g) "Guardian" includes a person who has qualified as a guardian of a minor or
2669 incapacitated person pursuant to testamentary or court appointment and a person who is appointed
2670 by a court to manage the estate of a minor or incapacitated person.
2671 (h) "Highway" and "road" include public bridges and may be held equivalent to the words
2672 "county way," "county road," "common road," and "state road."
2673 (i) "Him," "his," and other masculine pronouns include "her," "hers," and similar feminine
2674 pronouns unless the context clearly indicates a contrary intent or the subject matter relates clearly
2675 and necessarily to the male sex only.
2676 (j) "Insane person" include idiots, lunatics, distracted persons, and persons of unsound
2677 mind.
2678 (k) "Land," "real estate," and "real property" include land, tenements, hereditaments, water
2679 rights, possessory rights, and claims.
2680 (l) "Man" or "men" when used alone or in conjunction with other syllables as in
2681 "workman," includes "woman" or "women" unless the context clearly indicates a contrary intent
2682 or the subject matter relates clearly and necessarily to the male sex only.
2683 (m) "Month" means a calendar month, unless otherwise expressed, and the word "year,"
2684 or the abbreviation "A.D." is equivalent to the expression "year of our Lord."
2685 (n) "Oath" includes "affirmation," and the word "swear" includes "affirm." Every oral
2686 statement under oath or affirmation is embraced in the term "testify," and every written one, in the
2687 term "depose."
2688 (o) "Person" includes individuals, bodies politic and corporate, partnerships, associations,
2689 and companies.
2690 (p) "Personal property" includes every description of money, goods, chattels, effects,
2691 evidences of rights in action, and all written instruments by which any pecuniary obligation, right,

2692 or title to property is created, acknowledged, transferred, increased, defeated, discharged, or
2693 diminished, and every right or interest therein.
2694 (q) "Personal representative," "executor," and "administrator" includes an executor,
2695 administrator, successor personal representative, special administrator, and persons who perform
2696 substantially the same function under the law governing their status.
2697 (r) "Policy board," "policy commission," or "policy council" means a board, commission,
2698 or council that:
2699 (i) possesses a portion of the sovereign power of the state to enable it to make policy for
2700 the benefit of the general public;
2701 (ii) is created by and whose duties are provided by the constitution or by statute;
2702 (iii) performs its duties according to its own rules without supervision other than under the
2703 general control of another person as provided by statute; and
2704 (iv) is permanent and continuous and not temporary and occasional.
2705 (s) "Population" shall be as shown by the last preceding state or national census, unless
2706 otherwise specially provided.
2707 (t) "Property" includes both real and personal property.
2708 (u) "Review board," "review commission," or "review council" means a board,
2709 commission, or council that:
2710 (i) possesses a portion of the sovereign power of the state only to the extent to enable it
2711 to approve policy made for the benefit of the general public by another body or person;
2712 (ii) is created by and whose duties are provided by statute;
2713 (iii) performs its duties according to its own rules without supervision other than under the
2714 general control of another person as provided by statute; and
2715 (iv) is permanent and continuous and not temporary and occasional.
2716 (v) "Sheriff," "county attorney," "district attorney," "clerk," or other words used to denote
2717 an executive or ministerial officer, may include any deputy, or other person performing the duties
2718 of such officer, either generally or in special cases; and the words "county clerk" may be held to
2719 include "clerk of the district court."
2720 (w) "Signature" includes any name, mark, or sign written with the intent to authenticate
2721 any instrument or writing.
2722 (x) "State," when applied to the different parts of the United States, includes the District

2723 of Columbia and the territories; and the words "United States" may include the District and the
2724 territories.
2725 (y) "Town" may mean incorporated town and may include city, and the word "city" may
2726 mean incorporated town.
2727 (z) "Vessel," when used with reference to shipping, includes steamboats, canal boats, and
2728 every structure adapted to be navigated from place to place.
2729 (aa) "Will" includes codicils.
2730 (bb) "Writ" means an order or precept in writing, issued in the name of the state or of a
2731 court or judicial officer; and "process" means a writ or summons issued in the course of judicial
2732 proceedings.
2733 (cc) "Writing" includes printing, handwriting, and typewriting.
2734 Section 85. Section 73-1-10 is amended to read:
2735 73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recording
2736 of deed -- Report of water right conveyance.
2737 (1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, a
2738 diligence claim to the use of surface or underground water, or a water user's claim filed in general
2739 determination proceedings, shall be transferred by deed in substantially the same manner as is real
2740 estate.
2741 (b) The deed must be recorded in the office of the recorder of the county where the point
2742 of diversion of the water is located and in the county where the water is used.
2743 [(c) (i) A copy of the deed or other conveyance which contains a reference to a water right
2744 number for a water right evidenced by any document listed in Subsection 73-1-11 (5) shall be
2745 promptly transmitted by the county recorder to the state engineer for filing.]
2746 [(ii) The state engineer may designate regional offices to receive copies of deeds or other
2747 conveyances transmitted pursuant to Subsection (1)(c)(i). A county recorder may not be required
2748 to transmit documents to more than one regional office.]
2749 [(d)] (c) A recorded deed of a water right shall from the time of its [filing] recording in the
2750 office of the county recorder constitute notice of its contents to all persons.
2751 (2) The right to the use of water evidenced by shares of stock in a corporation shall be
2752 transferred in accordance with the procedures applicable to securities set forth in Title 70A,
2753 Chapter 8, Uniform Commercial Code - Investment Securities.

2754 (3) (a) To update water right ownership on the records of the state engineer, a water right
2755 owner shall submit a report of water right conveyance to the state engineer.
2756 (b) The report of water right conveyance shall be on forms provided by the state engineer.
2757 (c) The report shall be prepared by:
2758 (i) or prepared under the direction of and certified by, any of the following persons
2759 licensed in Utah:
2760 (A) an attorney;
2761 (B) a professional engineer;
2762 (C) a title insurance agent; or
2763 (D) a professional land surveyor; or
2764 (ii) the water right owner as authorized by rule of the state engineer.
2765 (d) The filing and processing of a report of water right conveyance with the state engineer
2766 is neither an adjudication of water right ownership nor an opinion as to title or validity of the water
2767 right.
2768 (e) The state engineer shall adopt rules that specify:
2769 (i) the information required in a report of water right conveyance; and
2770 (ii) the procedures for processing the reports.
2771 Section 86. Section 78-12-29 is amended to read:
2772 78-12-29. Within one year.
2773 An action may be brought within one year:
2774 (1) for liability created by the statutes of a foreign state;
2775 (2) upon a statute for a penalty or forfeiture where the action is given to an individual, or
2776 to an individual and the state, except when the statute imposing it prescribes a different limitation;
2777 (3) upon a statute, or upon an undertaking in a criminal action, for a forfeiture or penalty
2778 to the state;
2779 (4) for libel, slander, assault, battery, false imprisonment, or seduction;
2780 (5) against a sheriff or other officer for the escape of a prisoner arrested or imprisoned
2781 upon either civil or criminal process;
2782 (6) against a municipal corporation for damages or injuries to property caused by a mob
2783 or riot;
2784 (7) on a claim for relief or a cause of action under the following sections of Title 25,

2785 Chapter 6, Uniform Fraudulent Transfer Act:
2786 (a) Subsection 25-6-5 (1)(a), which in specific situations limits the time for action to four
2787 years, under Section 25-6-10 ; or
2788 (b) Subsection 25-6-6 (2)[.]; or
2789 (8) except as otherwise expressly provided by statute, against a county legislative body or
2790 a county executive to challenge a decision of the county legislative body or county executive,
2791 respectively.
2792 Section 87. Repealer.
2793 This act repeals:
2794 Section 17-5-213, Powers of legislative body -- Supervision of other officers.
2795 Section 17-23-4, Duty respecting maps filed for record.
2796 Section 17-24-17, Suspension of treasurer.
2797 Section 17-52-503, County executive and chief administrative officer-council form of
2798 county government.
2799 Section 17-52-506, Council-county administrative officer form of county government.
2800 Section 59-2-1367, Duty of county treasurer.
2801 Section 59-2-1368, Delict of county treasurer -- Penalty.
2802 Section 59-2-1369, Duty of county auditor -- Report to state treasurer.
2803 Section 59-2-1370, State auditor and state treasurer to receive duplicate copies.
2804 Section 59-2-1371, Delict of county auditor -- Penalty.