H.B. 206

1

LOCAL GOVERNMENTS FORM OF GOVERNMENT
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peggy Wallace
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to forms of municipal and county government.
10 Highlighted Provisions:
11 This bill:
12 . requires cities of the first or second class to operate under a council-manager form
13 of government; and
14 . requires counties of the first class to operate under a council-manager form of
15 government.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 10-3-106, as last amended by Chapters 90 and 202, Laws of Utah 2004
23 10-3-1203, as last amended by Chapters 202 and 371, Laws of Utah 2004
24 17-52-102, as last amended by Chapter 241, Laws of Utah 2001
25 17-52-201, as last amended by Chapter 241, Laws of Utah 2001
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 10-3-106 is amended to read:
29 10-3-106. Required forms of government.
30 (1) Each city of the first or second class shall operate under a council-manager form of
31 government.
32 (2) Unless it has adopted another form of government under Part 12, Optional Forms of
33 Municipal Government Act, each town shall operate under a five-member council form of
34 government.
35 Section 2. Section 10-3-1203 is amended to read:
36 10-3-1203. Election requirements and procedure for organization under different
37 form of government.
38 (1) Except as provided in [Subsection] Subsections 10-2-303 (1)(b) and 10-3-106 (1),
39 each municipality retains the form of government under which it is operating unless it changes
40 its form as provided in this part.
41 (2) [Regardless of its class under Section 10-2-301 ] Except for a city of the first or
42 second class, a municipality, regardless of its class under Section 10-2-301, may reorganize as
43 provided in this part and may choose as a form of government:
44 (a) a five-member council form;
45 (b) a six-member council form;
46 (c) a council-mayor form; or
47 (d) a council-manager form.
48 (3) Reorganization under Subsection (2) shall be by approval of a majority of
49 registered voters of the municipality voting in a special election held for that purpose.
50 (4) (a) The proposal may be entered on the ballot by resolution passed by the governing
51 body of the municipality or by initiative as provided for in Title 20A, Chapter 7, Part 5, Local
52 Initiatives - Procedures.
53 (b) The resolution or petition shall state the number, method of election, and initial
54 terms of council members and shall specify the boundaries of districts substantially equal in
55 population if some or all council members are to be chosen from these districts.
56 (5) (a) The proposal shall be voted upon at a special election to be held not more than
57 twelve months after the resolution is passed or after receipt of a valid initiative petition.
58 (b) The ballot for the special election to adopt or reject one of the forms of municipal

59 government shall be in substantially the following form:
60 ___________________________________________________________________________
61 Shall (name of municipality), Utah, adopt Yes
62 the (council-mayor) (council-manager)
63 (five-member council)
64 (six-member council) form of
65 municipal government? No
66 ___________________________________________________________________________
67 Section 3. Section 17-52-102 is amended to read:
68 17-52-102. Forms of county government -- County commission form required
69 unless another is adopted.
70 (1) Each county shall operate under one of the following forms of county government:
71 (a) the county commission form under Section 17-52-501 ;
72 (b) the expanded county commission form under Section 17-52-502 ;
73 (c) the county [executive and council] executive-council form under Section
74 17-52-504 ; or
75 (d) the council-manager form under Section 17-52-505 .
76 (2) (a) Each county of the first class shall operate under the council-manager form of
77 government under Section 17-52-505 .
78 [(2)] (b) Unless it adopts another form of government as provided in this chapter, each
79 county that is not a county of the first class shall operate under the county commission form of
80 government under Section 17-52-501 .
81 Section 4. Section 17-52-201 is amended to read:
82 17-52-201. Procedure for initiating adoption of optional plan -- Limitations --
83 Pending proceedings.
84 (1) An optional plan proposing an alternate form of government for a county may be
85 adopted, as provided in this chapter, by a county that is not a county of the first class.
86 (2) The process to adopt an optional plan establishing an alternate form of county
87 government may be initiated by:
88 (a) the county legislative body as provided in Section 17-52-202 ; or
89 (b) registered voters of the county as provided in Section 17-52-203 .

90 (3) (a) If the process to adopt an optional plan has been initiated under Chapter 26,
91 Laws of Utah 1973, Section 3, 4, or 5, or Section 17-52-202 or 17-52-203 , the county
92 legislative body may not initiate the process again under Section 17-52-202 unless the earlier
93 proceeding:
94 (i) has been concluded by an affirmative or negative vote of registered voters; or
95 (ii) has not been concluded but has been pending for at least two years.
96 (b) A county legislative body may not initiate the process to adopt an optional plan
97 under Section 17-52-202 within four years of an election at which voters approved or rejected
98 an optional plan proposed as a result of a process initiated by the county legislative body.
99 (c) Registered voters of a county may not initiate the process to adopt an optional plan
100 under Section 17-52-203 within four years of an election at which voters approved or rejected
101 an optional plan proposed as a result of a process initiated by registered voters.




Legislative Review Note
as of 7-20-05 2:59 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel