H.B. 14

1

REQUIREMENTS TO CHANGE FORM OF COUNTY
2 GOVERNMENT
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Keith Grover
6 Senate Sponsor: Margaret Dayton
7
8 LONG TITLE
9 Committee Note:
10 The Government Operations Interim Committee recommended this bill.
11 General Description:
12 This bill amends the signature requirements for a petition to change the form of a
13 county government.
14 Highlighted Provisions:
15 This bill:
16 . requires that a petition to change the form of a county government be signed by
17 registered voters residing in the county equal in number to at least 10% of the total
18 number of votes cast in the county at the most recent election for president of the
19 United States; and
20 . makes technical corrections.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 17-52-203, as last amended by Laws of Utah 2001, Chapter 241

28 17-52-206, as last amended by Laws of Utah 2001, Chapter 241
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 17-52-203 is amended to read:
32 17-52-203. Registered voter initiation of adoption of optional plan -- Procedure.
33 (1) Registered voters of a county may initiate the process of adopting an optional plan
34 by filing a petition for the establishment of a study committee as provided in Section
35 17-52-301 .
36 (2) Each petition under Subsection (1) shall:
37 (a) be signed by registered voters residing in the county equal in number to at least
38 10% of the total number of votes cast in the county at the most recent election for [governor]
39 president of the United States;
40 (b) designate up to five of the petition signers as sponsors, one of whom shall be
41 designated as the contact sponsor, with the mailing address and telephone number of each; and
42 (c) be filed in the office of the clerk of the county in which the petition signers reside.
43 (3) (a) Within 30 days of the filing of a petition under Subsection (1) or an amended or
44 supplemental petition under Subsection (2)(b), the county clerk shall:
45 (i) determine whether the petition or amended or supplemental petition has been signed
46 by the required number of registered voters; and
47 (ii) (A) if so:
48 (I) certify the petition or amended or supplemental petition and deliver it to the county
49 legislative body; and
50 (II) notify in writing the contact sponsor of the certification; or
51 (B) if not, reject the petition or the amended or supplemental petition and notify in
52 writing the county legislative body and the contact sponsor of the rejection and the reasons for
53 the rejection.
54 (b) If a county clerk rejects a petition or an amended or supplemental petition under
55 Subsection (3)(a)(ii)(B), the petition may be amended or supplemented or an amended or
56 supplemental petition may be further amended or supplemented with additional signatures and
57 refiled within 20 days of the date of rejection.
58 (4) With the unanimous approval of petition sponsors, a petition filed under Subsection

59 (1) may be withdrawn at any time within 90 days after petition certification but no later than 45
60 days before an election under Section 17-52-206 if:
61 (a) the petition notified signers in conspicuous language that the petition sponsors are
62 authorized to withdraw the petition; and
63 (b) there are at least three sponsors of the petition.
64 Section 2. Section 17-52-206 is amended to read:
65 17-52-206. Election on recommended optional plan -- Resolution or petition to
66 submit plan to voters.
67 (1) (a) The county legislative body shall hold an election on an optional plan
68 recommended in a study committee report filed under Subsection 17-52-303 (3)(d) if:
69 (i) the county or district attorney has completed the review of the recommended
70 optional plan and has submitted the attorney's report to the county clerk as provided in Section
71 17-52-204 ;
72 (ii) the recommended optional plan may, under Subsection 17-52-204 (3), be the
73 subject of a resolution or petition under this Subsection (1); and
74 (iii) after the county or district attorney has submitted the attorney's report under
75 Section 17-52-204 :
76 (A) the county legislative body adopts a resolution to submit the recommended
77 optional plan to voters; or
78 (B) a petition is filed with the county clerk that:
79 (I) is signed by registered voters residing in the county equal in number to at least 10%
80 of the total number of votes cast in the county at the most recent election for [governor]
81 president of the United States;
82 (II) designates up to five of the petition signers as sponsors, one of whom shall be
83 designated as the contact sponsor, with the mailing address and telephone number of each; and
84 (III) requests that the recommended optional plan be submitted to voters.
85 (b) The process for certifying a petition filed under Subsection (1)(a)(iii)(B) shall be
86 the same as that provided in Subsection 17-52-203 (3).
87 (2) Each election under Subsection (1) shall be held at the next regular general or
88 municipal general election date that is no less than two months after:
89 (a) the county legislative body's adoption of a resolution under Subsection

90 (1)(a)(iii)(A); or
91 (b) certification of a petition filed under Subsection (1)(a)(iii)(B).
92 (3) The county clerk shall prepare the ballot for each election under Subsection (1) so
93 that the question on the ballot states substantially as follows:
94 "Shall ___________________ County adopt the alternate form of government known
95 as the __(insert the proposed form of government)___ that has been recommended by the study
96 committee?"
97 (4) The county clerk shall:
98 (a) cause the complete text of the proposed optional plan to be published in a
99 newspaper of general circulation within the county at least once during two different calendar
100 weeks within the 30-day period immediately before the date of the election under Subsection
101 (1); and
102 (b) make a complete copy of the optional plan and the study committee report available
103 free of charge to any member of the public who requests a copy.




Legislative Review Note
as of 6-25-12 6:53 AM

Office of Legislative Research and General Counsel

[Bill Documents]