Representative Gage Froerer proposes the following substitute bill:


1     
COUNTY GOVERNMENT CHANGE ELECTION AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the process to change a county's form of
10     government.
11     Highlighted Provisions:
12          This bill:
13          ▸     reorganizes and recodifies Title 17, Chapter 52, Changing Forms of County
14     Government;
15          ▸     combines sections with similar subject matter;
16          ▸     amends definitions;
17          ▸     prohibits a person from initiating a process to change a county's form of government
18     when a process to change the county's form of government is pending;
19          ▸     requires that registered voters who wish to initiate the process to change a county's
20     form of government to file a notice of intent to gather signatures;
21          ▸     repeals provisions that provide for a study committee;
22          ▸     repeals provisions that provide for an appointment council;
23          ▸     repeals provisions related to the content and function of an optional plan;
24          ▸     requires a county legislative body that proposes, or registered voters that propose, a
25     change in a county's form of government to specify the form of county government

26     to which the county should change;
27          ▸     requires the county legislative body to hold public hearings on the change of the
28     county's form of government;
29          ▸     provides that a county operating under an optional plan at the time the bill takes
30     effect shall continue to operate under the optional plan;
31          ▸     provides that a change in a county's form of government is effective if the change is
32     approved by a majority of voters that vote on the change;
33          ▸     removes obsolete and superfluous provisions; and
34          ▸     makes technical and conforming changes.
35     Money Appropriated in this Bill:
36          None
37     Other Special Clauses:
38          This bill provides a special effective date.
39     Utah Code Sections Affected:
40     AMENDS:
41          17-15-27, as last amended by Laws of Utah 2006, Chapter 171
42          17-16-6, as last amended by Laws of Utah 2014, Chapter 16
43          17-19a-203, as enacted by Laws of Utah 2012, Chapter 17
44          17-31-8, as last amended by Laws of Utah 2017, Chapter 70
45          17-43-201, as last amended by Laws of Utah 2016, Chapter 113
46          17-43-301, as last amended by Laws of Utah 2016, Chapter 113
47          17-53-101, as renumbered and amended by Laws of Utah 2000, Chapter 133
48          17-53-302, as last amended by Laws of Utah 2011, Chapter 209
49          17B-2a-1106, as last amended by Laws of Utah 2016, Chapter 176
50          17C-1-203, as last amended by Laws of Utah 2016, Chapter 350
51          17D-2-203, as enacted by Laws of Utah 2008, Chapter 360
52          20A-1-203, as last amended by Laws of Utah 2015, Chapters 111 and 352
53          20A-1-508, as last amended by Laws of Utah 2017, Chapter 54
54          20A-9-409, as last amended by Laws of Utah 2017, Chapters 54 and 91
55          26A-1-102, as last amended by Laws of Utah 2016, Chapter 113
56          59-2-919, as last amended by Laws of Utah 2016, Chapters 341 and 367

57          68-3-12.5, as last amended by Laws of Utah 2015, Chapters 141 and 152
58     ENACTS:
59          17-52a-103, Utah Code Annotated 1953
60          17-52a-305, Utah Code Annotated 1953
61     RENUMBERS AND AMENDS:
62          17-52a-101, (Renumbered from 17-52-101, as last amended by Laws of Utah 2012,
63     Chapter 17)
64          17-52a-102, (Renumbered from 17-52-102, as last amended by Laws of Utah 2001,
65     Chapter 241)
66          17-52a-201, (Renumbered from 17-52-501, as last amended by Laws of Utah 2017,
67     Chapter 54)
68          17-52a-202, (Renumbered from 17-52-502, as last amended by Laws of Utah 2017,
69     Chapter 54)
70          17-52a-203, (Renumbered from 17-52-504, as renumbered and amended by Laws of
71     Utah 2000, Chapter 133)
72          17-52a-204, (Renumbered from 17-52-505, as last amended by Laws of Utah 2011,
73     Chapter 209)
74          17-52a-301, (Renumbered from 17-52-201, as last amended by Laws of Utah 2008,
75     Chapter 250)
76          17-52a-302, (Renumbered from 17-52-202, as last amended by Laws of Utah 2004,
77     Chapter 371)
78          17-52a-303, (Renumbered from 17-52-203, as last amended by Laws of Utah 2013,
79     Chapters 37 and 134)
80          17-52a-304, (Renumbered from 17-52-402, as last amended by Laws of Utah 2015,
81     Chapter 216)
82          17-52a-401, (Renumbered from 17-52-206, as last amended by Laws of Utah 2013,
83     Chapter 37)
84          17-52a-402, (Renumbered from 17-52-205, as last amended by Laws of Utah 2001,
85     Chapter 241)
86          17-52a-403, (Renumbered from 17-52-403, as last amended by Laws of Utah 2012,
87     Chapter 17)

88          17-52a-404, (Renumbered from 17-52-401, as last amended by Laws of Utah 2017,
89     Chapter 54)
90     REPEALS:
91          17-52-203.5, as last amended by Laws of Utah 2004, Chapter 371
92          17-52-204, as last amended by Laws of Utah 2001, Chapter 241
93          17-52-207, as last amended by Laws of Utah 2001, Chapter 241
94          17-52-301, as last amended by Laws of Utah 2001, Chapter 241
95          17-52-302, as last amended by Laws of Utah 2001, Chapter 241
96          17-52-303, as last amended by Laws of Utah 2001, Chapter 241
97          17-52-404, as renumbered and amended by Laws of Utah 2000, Chapter 133
98          17-52-405, as enacted by Laws of Utah 2013, Chapter 134
99     

100     Be it enacted by the Legislature of the state of Utah:
101          Section 1. Section 17-15-27 is amended to read:
102          17-15-27. Appointment of legal counsel by county executive and county legislative
103     body.
104          (1) (a) An elected county executive in a county that has adopted a county
105     executive-council form of county government under Chapter 52a, Changing Forms of County
106     Government, may appoint an attorney to advise and represent the county executive.
107          (b) An attorney appointed under Subsection (1)(a):
108          (i) serves at the pleasure of the county executive; and
109          (ii) may not perform any of the functions of a county attorney or district attorney under
110     this title, except as provided in this section.
111          (c) An attorney appointed under this Subsection (1) may represent the county executive
112     in cases and controversies before courts and administrative agencies and tribunals when a
113     conflict exists that precludes the county or district attorney from representing the county
114     executive.
115          (2) (a) The legislative body of a county that has adopted a county executive-council
116     form of county government under Chapter 52a, Changing Forms of County Government, may
117     appoint an attorney to advise and represent the county legislative body.
118          (b) An attorney appointed under Subsection (2)(a):

119          (i) serves at the pleasure of the county legislative body; and
120          (ii) may not perform any of the functions of a county attorney or district attorney under
121     this title, except as provided in this section.
122          (c) An attorney appointed under this Subsection (2) may represent the county
123     legislative body in cases and controversies before courts and administrative agencies and
124     tribunals when a conflict exists that precludes the county or district attorney from representing
125     the county legislative body.
126          Section 2. Section 17-16-6 is amended to read:
127          17-16-6. County officers -- Time of holding elections -- County commissioners --
128     Terms of office.
129          (1) Except as otherwise provided in an optional or transitional plan adopted under
130     Chapter 52a, Changing Forms of County Government:
131          (a) each elected county officer shall be elected at the regular general election every four
132     years in accordance with Section 20A-1-201, except as otherwise provided in this title;
133          (b) county commissioners shall be elected at the times, in the manner, and for the terms
134     provided in Section [17-52-501] 17-52a-201; and
135          (c) an elected officer shall hold office for the term for which the officer is elected,
136     beginning at noon on the first Monday in January following the officer's election and until a
137     successor is elected or appointed and qualified, except as provided in Section 17-16-1.
138          (2) (a) The terms of county officers shall be staggered in accordance with this
139     Subsection (2).
140          (b) Except as provided in Subsection (2)(c), in the 2014 general election:
141          (i) the following county officers shall be elected to one six-year term and thereafter
142     elected to a four-year term:
143          (A) county treasurer;
144          (B) county recorder;
145          (C) county surveyor; and
146          (D) county assessor; and
147          (ii) all other county officers shall be elected to a four-year term.
148          (c) If a county legislative body consolidates two or more county offices in accordance
149     with Section 17-16-3, and the consolidated offices are on conflicting election schedules, the

150     county legislative body shall pass an ordinance that sets the election schedule for the
151     consolidated offices in a reasonable manner that staggers the terms of county officers as
152     provided in this Subsection (2).
153          Section 3. Section 17-19a-203 is amended to read:
154          17-19a-203. Budget officer.
155          The budget officer of a county is designated by:
156          (1) in a county commission form of government described in Section [17-52-501]
157     17-52a-201 or an expanded county commission form of government described in Section
158     [17-52-502] 17-52a-202, the county commission;
159          (2) in the county executive-council form of government described in Section
160     [17-52-504] 17-52a-203, the county executive; or
161          (3) in the council-manager form of government described in Section [17-52-505]
162     17-52a-204, the county council.
163          Section 4. Section 17-31-8 is amended to read:
164          17-31-8. Tourism tax advisory boards.
165          (1) (a) Except as provided in Subsection (1)(b), any county that collects the following
166     taxes shall operate a tourism tax advisory board:
167          (i) the tax allowed under Section 59-12-301; or
168          (ii) the tax allowed under Section 59-12-603.
169          (b) Notwithstanding Subsection (1)(a), a county is exempt from Subsection (1)(a) if the
170     county has an existing board, council, committee, convention visitor's bureau, or body that
171     substantially conforms with Subsections (2), (3), and (4).
172          (2) A tourism tax advisory board created under Subsection (1) shall consist of at least
173     five members.
174          (3) A tourism tax advisory board shall be composed of the following members that are
175     residents of the county:
176          (a) a majority of the members shall be current employees of entities in the county that
177     are subject to the taxes referred to in Section 59-12-301 or 59-12-603; and
178          (b) the balance of the board's membership shall be employees of recreational facilities,
179     convention facilities, museums, cultural attractions, or other tourism related industries located
180     within the county.

181          (4) (a) Each tourism tax advisory board shall advise the county legislative body on the
182     best use of revenues collected from the tax allowed under Section 59-12-301 by providing the
183     legislative body with a priority listing for proposed expenditures based on projected available
184     tax revenues supplied to the board by the county legislative body on an annual basis.
185          (b) Each tourism tax advisory board in a county operating under the county
186     commission form of government under Section [17-52-501] 17-52a-201 or the expanded
187     county commission form under Section [17-52-502] 17-52a-202 shall advise the county
188     legislative body on the best use of revenues collected from the tax allowed under Section
189     59-12-603 by providing the legislative body with a priority listing for proposed expenditures
190     based on projected available tax revenues supplied to the board by the county legislative body
191     on an annual basis.
192          (5) A member of any county tourism tax advisory board:
193          (a) may not receive compensation or benefits for the member's services; and
194          (b) may receive per diem and travel expenses incurred in the performance of the
195     member's official duties, in accordance with Section 11-55-103.
196          Section 5. Section 17-43-201 is amended to read:
197          17-43-201. Local substance abuse authorities -- Responsibilities.
198          (1) (a) (i) In each county operating under a county executive-council form of
199     government under Section [17-52-504] 17-52a-203, the county legislative body is the local
200     substance abuse authority, provided however that any contract for plan services shall be
201     administered by the county executive.
202          (ii) In each county operating under a council-manager form of government under
203     Section [17-52-505] 17-52a-204, the county manager is the local substance abuse authority.
204          (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
205     county legislative body is the local substance abuse authority.
206          (b) Within legislative appropriations and county matching funds required by this
207     section, and under the direction of the division, each local substance abuse authority shall:
208          (i) develop substance abuse prevention and treatment services plans;
209          (ii) provide substance abuse services to residents of the county; and
210          (iii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
211     promote integrated programs that address an individual's substance abuse, mental health, and

212     physical healthcare needs, as described in Section 62A-15-103.
213          (c) Within legislative appropriations and county matching funds required by this
214     section, each local substance abuse authority shall cooperate with the efforts of the Department
215     of Human Services to promote a system of care, as defined in Section 62A-1-104, for minors
216     with or at risk for complex emotional and behavioral needs, as described in Section 62A-1-111.
217          (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
218     Cooperation Act, two or more counties may join to:
219          (i) provide substance abuse prevention and treatment services; or
220          (ii) create a united local health department that provides substance abuse treatment
221     services, mental health services, and local health department services in accordance with
222     Subsection (3).
223          (b) The legislative bodies of counties joining to provide services may establish
224     acceptable ways of apportioning the cost of substance abuse services.
225          (c) Each agreement for joint substance abuse services shall:
226          (i) (A) designate the treasurer of one of the participating counties or another person as
227     the treasurer for the combined substance abuse authorities and as the custodian of money
228     available for the joint services; and
229          (B) provide that the designated treasurer, or other disbursing officer authorized by the
230     treasurer, may make payments from the money for the joint services upon audit of the
231     appropriate auditing officer or officers representing the participating counties;
232          (ii) provide for the appointment of an independent auditor or a county auditor of one of
233     the participating counties as the designated auditing officer for the combined substance abuse
234     authorities;
235          (iii) (A) provide for the appointment of the county or district attorney of one of the
236     participating counties as the designated legal officer for the combined substance abuse
237     authorities; and
238          (B) authorize the designated legal officer to request and receive the assistance of the
239     county or district attorneys of the other participating counties in defending or prosecuting
240     actions within their counties relating to the combined substance abuse authorities; and
241          (iv) provide for the adoption of management, clinical, financial, procurement,
242     personnel, and administrative policies as already established by one of the participating

243     counties or as approved by the legislative body of each participating county or interlocal board.
244          (d) An agreement for joint substance abuse services may provide for joint operation of
245     services and facilities or for operation of services and facilities under contract by one
246     participating local substance abuse authority for other participating local substance abuse
247     authorities.
248          (3) A county governing body may elect to combine the local substance abuse authority
249     with the local mental health authority created in Part 3, Local Mental Health Authorities, and
250     the local health department created in Title 26A, Chapter 1, Part 1, Local Health Department
251     Act, to create a united local health department under Section 26A-1-105.5. A local substance
252     abuse authority that joins a united local health department shall comply with this part.
253          (4) (a) Each local substance abuse authority is accountable to the department, the
254     Department of Health, and the state with regard to the use of state and federal funds received
255     from those departments for substance abuse services, regardless of whether the services are
256     provided by a private contract provider.
257          (b) Each local substance abuse authority shall comply, and require compliance by its
258     contract provider, with all directives issued by the department and the Department of Health
259     regarding the use and expenditure of state and federal funds received from those departments
260     for the purpose of providing substance abuse programs and services. The department and
261     Department of Health shall ensure that those directives are not duplicative or conflicting, and
262     shall consult and coordinate with local substance abuse authorities with regard to programs and
263     services.
264          (5) Each local substance abuse authority shall:
265          (a) review and evaluate substance abuse prevention and treatment needs and services,
266     including substance abuse needs and services for individuals incarcerated in a county jail or
267     other county correctional facility;
268          (b) annually prepare and submit to the division a plan approved by the county
269     legislative body for funding and service delivery that includes:
270          (i) provisions for services, either directly by the substance abuse authority or by
271     contract, for adults, youth, and children, including those incarcerated in a county jail or other
272     county correctional facility; and
273          (ii) primary prevention, targeted prevention, early intervention, and treatment services;

274          (c) establish and maintain, either directly or by contract, programs licensed under Title
275     62A, Chapter 2, Licensure of Programs and Facilities;
276          (d) appoint directly or by contract a full or part time director for substance abuse
277     programs, and prescribe the director's duties;
278          (e) provide input and comment on new and revised rules established by the division;
279          (f) establish and require contract providers to establish administrative, clinical,
280     procurement, personnel, financial, and management policies regarding substance abuse services
281     and facilities, in accordance with the rules of the division, and state and federal law;
282          (g) establish mechanisms allowing for direct citizen input;
283          (h) annually contract with the division to provide substance abuse programs and
284     services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
285     Mental Health Act;
286          (i) comply with all applicable state and federal statutes, policies, audit requirements,
287     contract requirements, and any directives resulting from those audits and contract requirements;
288          (j) promote or establish programs for the prevention of substance abuse within the
289     community setting through community-based prevention programs;
290          (k) provide funding equal to at least 20% of the state funds that it receives to fund
291     services described in the plan;
292          (l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
293     Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
294     51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
295     Other Local Entities Act;
296          (m) for persons convicted of driving under the influence in violation of Section
297     41-6a-502 or 41-6a-517, conduct the following as defined in Section 41-6a-501:
298          (i) a screening;
299          (ii) an assessment;
300          (iii) an educational series; and
301          (iv) substance abuse treatment; and
302          (n) utilize proceeds of the accounts described in Subsection 62A-15-503(1) to
303     supplement the cost of providing the services described in Subsection (5)(m).
304          (6) Before disbursing any public funds, each local substance abuse authority shall

305     require that each entity that receives any public funds from the local substance abuse authority
306     agrees in writing that:
307          (a) the entity's financial records and other records relevant to the entity's performance
308     of the services provided to the local substance abuse authority shall be subject to examination
309     by:
310          (i) the division;
311          (ii) the local substance abuse authority director;
312          (iii) (A) the county treasurer and county or district attorney; or
313          (B) if two or more counties jointly provide substance abuse services under an
314     agreement under Subsection (2), the designated treasurer and the designated legal officer;
315          (iv) the county legislative body; and
316          (v) in a county with a county executive that is separate from the county legislative
317     body, the county executive;
318          (b) the county auditor may examine and audit the entity's financial and other records
319     relevant to the entity's performance of the services provided to the local substance abuse
320     authority; and
321          (c) the entity will comply with the provisions of Subsection (4)(b).
322          (7) A local substance abuse authority may receive property, grants, gifts, supplies,
323     materials, contributions, and any benefit derived therefrom, for substance abuse services. If
324     those gifts are conditioned upon their use for a specified service or program, they shall be so
325     used.
326          (8) (a) As used in this section, "public funds" means the same as that term is defined in
327     Section 17-43-203.
328          (b) Public funds received for the provision of services pursuant to the local substance
329     abuse plan may not be used for any other purpose except those authorized in the contract
330     between the local substance abuse authority and the provider for the provision of plan services.
331          (9) Subject to the requirements of the federal Substance Abuse Prevention and
332     Treatment Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure
333     that all substance abuse treatment programs that receive public funds:
334          (a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
335     and

336          (b) if admission of a pregnant woman or a pregnant minor is not possible within 24
337     hours of the time that a request for admission is made, provide a comprehensive referral for
338     interim services that:
339          (i) are accessible to the pregnant woman or pregnant minor;
340          (ii) are best suited to provide services to the pregnant woman or pregnant minor;
341          (iii) may include:
342          (A) counseling;
343          (B) case management; or
344          (C) a support group; and
345          (iv) shall include a referral for:
346          (A) prenatal care; and
347          (B) counseling on the effects of alcohol and drug use during pregnancy.
348          (10) If a substance abuse treatment program described in Subsection (9) is not able to
349     accept and admit a pregnant woman or pregnant minor under Subsection (9) within 48 hours of
350     the time that request for admission is made, the local substance abuse authority shall contact
351     the Division of Substance Abuse and Mental Health for assistance in providing services to the
352     pregnant woman or pregnant minor.
353          Section 6. Section 17-43-301 is amended to read:
354          17-43-301. Local mental health authorities -- Responsibilities.
355          (1) (a) (i) In each county operating under a county executive-council form of
356     government under Section [17-52-504] 17-52a-203, the county legislative body is the local
357     mental health authority, provided however that any contract for plan services shall be
358     administered by the county executive.
359          (ii) In each county operating under a council-manager form of government under
360     Section [17-52-505] 17-52a-204, the county manager is the local mental health authority.
361          (iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
362     county legislative body is the local mental health authority.
363          (b) Within legislative appropriations and county matching funds required by this
364     section, under the direction of the division, each local mental health authority shall:
365          (i) provide mental health services to persons within the county; and
366          (ii) cooperate with efforts of the Division of Substance Abuse and Mental Health to

367     promote integrated programs that address an individual's substance abuse, mental health, and
368     physical healthcare needs, as described in Section 62A-15-103.
369          (c) Within legislative appropriations and county matching funds required by this
370     section, each local mental health authority shall cooperate with the efforts of the Department of
371     Human Services to promote a system of care, as defined in Section 62A-1-104, for minors with
372     or at risk for complex emotional and behavioral needs, as described in Section 62A-1-111.
373          (2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
374     Cooperation Act, two or more counties may join to:
375          (i) provide mental health prevention and treatment services; or
376          (ii) create a united local health department that combines substance abuse treatment
377     services, mental health services, and local health department services in accordance with
378     Subsection (3).
379          (b) The legislative bodies of counties joining to provide services may establish
380     acceptable ways of apportioning the cost of mental health services.
381          (c) Each agreement for joint mental health services shall:
382          (i) (A) designate the treasurer of one of the participating counties or another person as
383     the treasurer for the combined mental health authorities and as the custodian of money
384     available for the joint services; and
385          (B) provide that the designated treasurer, or other disbursing officer authorized by the
386     treasurer, may make payments from the money available for the joint services upon audit of the
387     appropriate auditing officer or officers representing the participating counties;
388          (ii) provide for the appointment of an independent auditor or a county auditor of one of
389     the participating counties as the designated auditing officer for the combined mental health
390     authorities;
391          (iii) (A) provide for the appointment of the county or district attorney of one of the
392     participating counties as the designated legal officer for the combined mental health
393     authorities; and
394          (B) authorize the designated legal officer to request and receive the assistance of the
395     county or district attorneys of the other participating counties in defending or prosecuting
396     actions within their counties relating to the combined mental health authorities; and
397          (iv) provide for the adoption of management, clinical, financial, procurement,

398     personnel, and administrative policies as already established by one of the participating
399     counties or as approved by the legislative body of each participating county or interlocal board.
400          (d) An agreement for joint mental health services may provide for:
401          (i) joint operation of services and facilities or for operation of services and facilities
402     under contract by one participating local mental health authority for other participating local
403     mental health authorities; and
404          (ii) allocation of appointments of members of the mental health advisory council
405     between or among participating counties.
406          (3) A county governing body may elect to combine the local mental health authority
407     with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
408     and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
409     Department Act, to create a united local health department under Section 26A-1-105.5. A local
410     mental health authority that joins with a united local health department shall comply with this
411     part.
412          (4) (a) Each local mental health authority is accountable to the department, the
413     Department of Health, and the state with regard to the use of state and federal funds received
414     from those departments for mental health services, regardless of whether the services are
415     provided by a private contract provider.
416          (b) Each local mental health authority shall comply, and require compliance by its
417     contract provider, with all directives issued by the department and the Department of Health
418     regarding the use and expenditure of state and federal funds received from those departments
419     for the purpose of providing mental health programs and services. The department and
420     Department of Health shall ensure that those directives are not duplicative or conflicting, and
421     shall consult and coordinate with local mental health authorities with regard to programs and
422     services.
423          (5) (a) Each local mental health authority shall:
424          (i) review and evaluate mental health needs and services, including mental health needs
425     and services for persons incarcerated in a county jail or other county correctional facility;
426          (ii) as provided in Subsection (5)(b), annually prepare and submit to the division a plan
427     approved by the county legislative body for mental health funding and service delivery, either
428     directly by the local mental health authority or by contract;

429          (iii) establish and maintain, either directly or by contract, programs licensed under Title
430     62A, Chapter 2, Licensure of Programs and Facilities;
431          (iv) appoint, directly or by contract, a full-time or part-time director for mental health
432     programs and prescribe the director's duties;
433          (v) provide input and comment on new and revised rules established by the division;
434          (vi) establish and require contract providers to establish administrative, clinical,
435     personnel, financial, procurement, and management policies regarding mental health services
436     and facilities, in accordance with the rules of the division, and state and federal law;
437          (vii) establish mechanisms allowing for direct citizen input;
438          (viii) annually contract with the division to provide mental health programs and
439     services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
440     Mental Health Act;
441          (ix) comply with all applicable state and federal statutes, policies, audit requirements,
442     contract requirements, and any directives resulting from those audits and contract requirements;
443          (x) provide funding equal to at least 20% of the state funds that it receives to fund
444     services described in the plan;
445          (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
446     Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
447     51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
448     Other Local Entities Act; and
449          (xii) take and retain physical custody of minors committed to the physical custody of
450     local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
451     Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
452          (b) Each plan under Subsection (5)(a)(ii) shall include services for adults, youth, and
453     children, which shall include:
454          (i) inpatient care and services;
455          (ii) residential care and services;
456          (iii) outpatient care and services;
457          (iv) 24-hour crisis care and services;
458          (v) psychotropic medication management;
459          (vi) psychosocial rehabilitation, including vocational training and skills development;

460          (vii) case management;
461          (viii) community supports, including in-home services, housing, family support
462     services, and respite services;
463          (ix) consultation and education services, including case consultation, collaboration
464     with other county service agencies, public education, and public information; and
465          (x) services to persons incarcerated in a county jail or other county correctional facility.
466          (6) Before disbursing any public funds, each local mental health authority shall require
467     that each entity that receives any public funds from a local mental health authority agrees in
468     writing that:
469          (a) the entity's financial records and other records relevant to the entity's performance
470     of the services provided to the mental health authority shall be subject to examination by:
471          (i) the division;
472          (ii) the local mental health authority director;
473          (iii) (A) the county treasurer and county or district attorney; or
474          (B) if two or more counties jointly provide mental health services under an agreement
475     under Subsection (2), the designated treasurer and the designated legal officer;
476          (iv) the county legislative body; and
477          (v) in a county with a county executive that is separate from the county legislative
478     body, the county executive;
479          (b) the county auditor may examine and audit the entity's financial and other records
480     relevant to the entity's performance of the services provided to the local mental health
481     authority; and
482          (c) the entity will comply with the provisions of Subsection (4)(b).
483          (7) A local mental health authority may receive property, grants, gifts, supplies,
484     materials, contributions, and any benefit derived therefrom, for mental health services. If those
485     gifts are conditioned upon their use for a specified service or program, they shall be so used.
486          (8) (a) As used in this section, "public funds" means the same as that term is defined in
487     Section 17-43-303.
488          (b) Public funds received for the provision of services pursuant to the local mental
489     health plan may not be used for any other purpose except those authorized in the contract
490     between the local mental health authority and the provider for the provision of plan services.

491          Section 7. Section 17-52a-101, which is renumbered from Section 17-52-101 is
492     renumbered and amended to read:
493     
CHAPTER 52a. CHANGING FORMS OF COUNTY GOVERNMENT

494     
Part 1. General Provisions

495          [17-52-101].      17-52a-101. Definitions.
496          As used in this chapter:
497          [(1) "Appointment council" means a group of persons consisting of:]
498          [(a) a resident of the county in which the optional plan is proposed, designated by a
499     majority of all state senators and representatives whose districts include any part of the county
500     in which the optional plan is proposed;]
501          [(b) a resident of the county in which the optional plan is proposed, designated by the
502     county legislative body;]
503          [(c) a resident of the county in which the optional plan is proposed, designated by the
504     petition sponsors; and]
505          [(d) two other residents of the county in which the optional plan is proposed,
506     designated by majority vote of the three other members of the appointment council.]
507          [(2)] (1) "Optional plan" means a plan [establishing] described in Section 17-52a-103
508     that establishes an alternate form of government for a county [as provided in Section
509     17-52-401].
510          (2) "Transitional plan" means a plan that a county legislative body establishes under
511     Section 17-52a-404 to effectuate the transition to a new form of county government.
512          [(3) "Reasonable notice" means, at a minimum:]
513          [(a) publication:]
514          [(i) (A) in a newspaper of general circulation within the county at least once a week for
515     at least two consecutive weeks ending no more than 10 and no fewer than three days before the
516     event that is the subject of the notice; or]
517          [(B) if there is no newspaper of general circulation within the county, posting at least
518     one notice per 1,000 population within the county, for at least a week ending no more than
519     three days before the event that is the subject of the notice, at locations throughout the county
520     that are most likely to give actual notice to county residents; and]
521          [(ii) in accordance with Section 45-1-101 for two weeks before the event that is the

522     subject of the notice; and]
523          [(b) if the county has an Internet home page, posting an electronic notice on the
524     Internet for at least seven days immediately before the event that is the subject of the notice.]
525          [(4) "Study committee" means a group of persons:]
526          [(a) appointed under Section 17-52-301; and]
527          [(b) charged with the duties provided in Section 17-52-303.]
528          Section 8. Section 17-52a-102, which is renumbered from Section 17-52-102 is
529     renumbered and amended to read:
530          [17-52-102].      17-52a-102. Forms of county government -- County
531     commission form required unless another is adopted -- Restrictions on form of county
532     government.
533          (1) [Each] Subject to Subsections (2), each county shall operate under one of the
534     following forms of county government:
535          (a) the county commission form under Section [17-52-501] 17-52a-201;
536          (b) the expanded county commission form under Section [17-52-502] 17-52a-202;
537          (c) the county executive and council form under Section [17-52-504] 17-52a-203; or
538          (d) the council-manager form under Section [17-52-505] 17-52a-204.
539          (2) Unless [it] a county adopts another form of government as provided in this chapter,
540     [each] the county shall operate under the county commission form of government under
541     Section [17-52-501] 17-52a-201.
542          Section 9. Section 17-52a-103 is enacted to read:
543          17-52a-103. Operation under provision formerly known as optional plan --
544     Changing to nonpartisan elections prohibited.
545          (1) A county operating on May 7, 2018 under the provisions of a plan known under the
546     law then in effect as an optional plan shall continue to operate under the provisions of the
547     optional plan on and after May 8, 2018.
548          (2) A county that provides for the election of the county's elected officers through a
549     partisan election may not change to a process that provides for the election of the county's
550     elected officers through a nonpartisan election.
551          Section 10. Section 17-52a-201, which is renumbered from Section 17-52-501 is
552     renumbered and amended to read:

553     
Part 2. Forms of County Government

554          [17-52-501].      17-52a-201. County commission form of government --
555     Commission member elections.
556          (1) As used in this section:
557          (a) "Midterm vacancy" means a county commission position that is being filled at an
558     election for less than the position's full term as established in:
559          (i) Subsection (4)(a); or
560          (ii) a county's optional [plan under Subsection 17-52-401(5)(b)] or transitional plan.
561          (b) "Open position" means a county commission position that is being filled at a
562     regular general election for the position's full term as established in:
563          (i) Subsection (4)(a); or
564          (ii) a county's optional [plan under Subsection 17-52-401(5)(b)] or transitional plan.
565          (c) "Opt-in county" means a county that has, in accordance with Subsection (6)(a),
566     chosen to conduct county commissioner elections in accordance with Subsection (6).
567          (2) [Each] A county commission consisting of three members shall govern each county
568     operating under the county commission form of government [shall be governed by a county
569     commission consisting of three members].
570          (3) A county commission under a county commission form of government is both the
571     county legislative body and the county executive and has the powers, duties, and functions of a
572     county legislative body under Chapter 53, Part 2, County Legislative Body, and the powers,
573     duties, and functions of a county executive under Chapter 53, Part 3, County Executive.
574          (4) Except as otherwise provided in an optional [plan adopted under this chapter] or
575     transitional plan:
576          (a) the term of office of each county commission member is four years;
577          (b) the terms of county commission members shall be staggered so that two members
578     are elected at a regular general election date that alternates with the regular general election
579     date of the other member; and
580          (c) each county commission member shall be elected:
581          (i) at large, unless otherwise required by court order; and
582          (ii) subject to the provisions of this section, in accordance with Title 20A, Election
583     Code.

584          (5) Except as provided in Subsection (6):
585          (a) if two county commission positions are vacant for an election, the positions shall be
586     designated "county commission seat A" and "county commission seat B";
587          (b) each candidate who files a declaration of candidacy when two positions are vacant
588     shall designate on the declaration of candidacy form whether the candidate is a candidate for
589     seat A or seat B; and
590          (c) no person may file a declaration of candidacy for, be a candidate for, or be elected
591     to two county commission positions in the same election.
592          (6) (a) A county of the first or second class may, through [an alternate] a transitional
593     plan [as] described in [Subsection 17-52-401(5)] Section 17-52a-404 or by ordinance, choose
594     to conduct county commissioner elections in accordance with this Subsection (6).
595          (b) When issuing the notice of election required by Subsection 20A-5-101(2), the clerk
596     of an opt-in county shall, if there is at least one open position and at least one midterm vacancy,
597     designate:
598          (i) each open position as "open position"; and
599          (ii) each midterm vacancy as "midterm vacancy."
600          (c) An individual who files a declaration of candidacy for the office of county
601     commissioner in an opt-in county:
602          (i) if there is more than one open position, is not required to indicate which open
603     position the individual is running for;
604          (ii) if there is at least one open position and at least one midterm vacancy, shall
605     designate on the declaration of candidacy whether the individual is filing for an open position
606     or a midterm vacancy; and
607          (iii) may not file a declaration of candidacy for an open position and a midterm
608     vacancy in the same election.
609          (d) If there is an open position and a midterm vacancy being voted upon in the same
610     election in an opt-in county, the county clerk shall indicate on the ballot for the election which
611     positions are open positions and which positions are midterm vacancies.
612          (e) In an opt-in county:
613          (i) the candidates for open positions, in a number equal to the number of open
614     positions, who receive the highest number of votes are:

615          (A) for the purposes of a regular primary election, nominated by the candidates' party
616     for the open positions; and
617          (B) for the purposes of a regular general election, elected to fill the open positions; and
618          (ii) the candidates for midterm vacancies, in a number equal to the number of midterm
619     vacancies, who receive the highest number of votes are:
620          (A) for the purposes of a regular primary election, nominated by the candidates' party
621     for the midterm vacancies; and
622          (B) for the purposes of a regular general election, elected to fill the midterm vacancies.
623          Section 11. Section 17-52a-202, which is renumbered from Section 17-52-502 is
624     renumbered and amended to read:
625          [17-52-502].      17-52a-202. Expanded county commission form of
626     government -- Commission member elections.
627          (1) As used in this section:
628          (a) "Midterm vacancy" means the same as that term is defined in Section [17-52-501]
629     17-52a-201.
630          (b) "Open position" means the same as that term is defined in Section [17-52-501]
631     17-52a-201.
632          (c) "Opt-in county" means a county that has, in accordance with Subsection (6)(a),
633     chosen to conduct county commissioner elections in accordance with Subsection (6).
634          (2) [Each] A county commission consisting of five or seven members shall govern
635     each county operating under an expanded county commission form of government [shall be
636     governed by a county commission consisting of five or seven members].
637          (3) A county commission under the expanded county commission form of government
638     is both the county legislative body and the county executive and has the powers, duties, and
639     functions of a county legislative body under Chapter 53, Part 2, County Legislative Body, and
640     the powers, duties, and functions of a county executive under Chapter 53, Part 3, County
641     Executive.
642          (4) Except as otherwise provided in an optional [plan adopted under this chapter] or
643     transitional plan:
644          (a) the term of office of each county commission member is four years;
645          (b) the terms of county commission members shall be staggered so that approximately

646     half the members are elected at alternating regular general election dates; and
647          (c) each county commission member shall be elected:
648          (i) at large, unless otherwise required by court order; and
649          (ii) subject to the provisions of this section, in accordance with Title 20A, Election
650     Code.
651          (5) Except as provided in Subsection (6):
652          (a) if multiple at-large county commission positions are vacant for an election, the
653     positions shall be designated "county commission seat A," "county commission seat B," and so
654     on as necessary for the number of vacant positions;
655          (b) each candidate who files a declaration of candidacy when multiple positions are
656     vacant shall designate the letter of the county commission seat for which the candidate is a
657     candidate; and
658          (c) no person may file a declaration of candidacy for, be a candidate for, or be elected
659     to two county commission positions in the same election.
660          (6) (a) A county of the first or second class may, through [an alternate] a transitional
661     plan [as] described in [Subsection 17-52-401(5)] Section 17-52a-404 or by ordinance, choose
662     to conduct county commissioner elections in accordance with this Subsection (6).
663          (b) When issuing the notice of election required by Subsection 20A-5-101(2), the clerk
664     of an opt-in county shall, if there is at least one open position and at least one midterm vacancy,
665     designate:
666          (i) each open position as "open position"; and
667          (ii) each midterm vacancy as "midterm vacancy."
668          (c) An individual who files a declaration of candidacy for the office of county
669     commissioner in an opt-in county:
670          (i) if there is more than one open position, is not required to indicate which open
671     position the individual is running for;
672          (ii) if there is at least one open position and at least one midterm vacancy, shall
673     designate on the declaration of candidacy whether the individual is filing for an open position
674     or a midterm vacancy; and
675          (iii) may not file a declaration of candidacy for an open position and a midterm
676     vacancy in the same election.

677          (d) If there is an open position and a midterm vacancy being voted upon in the same
678     election in an opt-in county, the county clerk shall indicate on the ballot for the election which
679     positions are open positions and which positions are midterm vacancies.
680          (e) In an opt-in county:
681          (i) the candidates for open positions, in a number equal to the number of open
682     positions, who receive the highest number of votes are:
683          (A) for the purposes of a regular primary election, nominated by the candidates' party
684     for the open positions; and
685          (B) for the purposes of a regular general election, elected to fill the open positions; and
686          (ii) the candidates for midterm vacancies, in a number equal to the number of midterm
687     vacancies, who receive the highest number of votes are:
688          (A) for the purposes of a regular primary election, nominated by the candidates' party
689     for the midterm vacancies; and
690          (B) for the purposes of a regular general election, elected to fill the midterm vacancies.
691          Section 12. Section 17-52a-203, which is renumbered from Section 17-52-504 is
692     renumbered and amended to read:
693          [17-52-504].      17-52a-203. County executive-council form of county
694     government.
695          (1) (a) [A] The following shall govern a county operating under the form of
696     government known as the "county executive-council" form [shall be governed by]:
697          (i) an elected county council[,];
698          (ii) an elected county executive[,]; and [such]
699          (iii) other officers and employees [as are] authorized by law.
700          (b) The [optional] transitional plan described in Section 17-52a-404 shall provide for
701     the qualifications, time, and manner of election, term of office and compensation of the county
702     executive.
703          (2) The county executive [shall be] is the chief executive officer or body of the county.
704          (3) In the county executive-council form of county government:
705          (a) the county council is the county legislative body and [shall have] has the powers,
706     duties, and functions of a county legislative body under Chapter 53, Part 2, County Legislative
707     Body; and

708          (b) the county executive [shall have] has the powers, duties, and functions of a county
709     executive under Chapter 53, Part 3, County Executive.
710          (4) References in any statute or state rule to the "governing body" or the "board of
711     county commissioners" of the county, in the county executive-council form of county
712     government, means:
713          (a) the county council, with respect to legislative functions, duties, and powers; and
714          (b) the county executive, with respect to executive functions, duties, and powers.
715          Section 13. Section 17-52a-204, which is renumbered from Section 17-52-505 is
716     renumbered and amended to read:
717          [17-52-505].      17-52a-204. Council-manager form of county government.
718          (1) (a) [A] The following shall govern a county operating under the form of
719     government known as the "council-manager" form [shall be governed by]:
720          (i) an elected county council[,];
721          (ii) a county manager appointed by the council[,]; and [such]
722          (iii) other officers and employees [as are] authorized by law.
723          (b) The [optional] transitional plan described in Section 17-52a-404 shall provide for
724     the qualifications, time and manner of appointment subject to Subsections (6) and (7), term of
725     office, compensation, and removal of the county manager.
726          (2) The county manager [shall be] is the administrative head of the county government
727     and [shall have] has the powers, functions, and duties of a county executive, except:
728          (a) as the county legislative body otherwise provides by ordinance; and
729          (b) that the county manager may not veto any ordinances enacted by the council.
730          (3) (a) [No] A member of the council [shall] may not directly or indirectly, by
731     suggestion or otherwise[,]:
732          (i) attempt to influence or coerce the manager in [the]:
733          (A) making [of] any appointment [or removal of];
734          (B) removing any officer or employee [or in the purchase of]; or
735          (C) purchasing supplies[,];
736          (ii) attempt to exact any promise relative to any appointment from any candidate for
737     manager[,]; or
738          (iii) discuss directly or indirectly with [him] the manager the matter of specific

739     appointments to any county office or employment.
740          (b) (i) A person who violates the provisions of this Subsection (3) shall forfeit the
741     office of the offending member of the council.
742          (ii) Nothing in this section shall be construed, however, as prohibiting the council
743     while in open session from fully and freely discussing with or suggesting to the manager
744     anything pertaining to county affairs or the interests of the county.
745          (iii) Neither manager nor any person in the employ of the county shall take part in
746     securing, or contributing any money toward, the nomination or election of any candidate for a
747     county office.
748          (iv) The [optional] transitional plan described in Section 17-52a-404 may provide
749     procedures for implementing this Subsection (3).
750          (4) In the council-manager form of county government[,]:
751          (a) the legislative powers of the county [shall be] are vested in the county council[,];
752     and
753          (b) the executive powers of the county [shall be] are vested in the county manager.
754          (5) A reference in statute or state rule to the "governing body" or the "board of county
755     commissioners" of the county, in the council-manager form of county government, means:
756          (a) the county council, with respect to legislative functions, duties, and powers; and
757          (b) the county manager, with respect to executive functions, duties, and powers.
758          (6) (a) As used in this Subsection (6), "interim vacancy period" means the period of
759     time that:
760          (i) begins on the day on which a general election described in Section 17-16-6 is held
761     to elect a council member; and
762          (ii) ends on the day on which the council member-elect begins the council member's
763     term.
764          (b) (i) The county council may not appoint a county manager during an interim vacancy
765     period.
766          (ii) Notwithstanding Subsection (6)(b)(i):
767          (A) the county council may appoint an interim county manager during an interim
768     vacancy period; and
769          (B) the interim county manager's term shall expire once a new county manager is

770     appointed by the new administration after the interim vacancy period has ended.
771          (c) Subsection (6)(b) does not apply if all the county council members who held office
772     on the day of the county general election whose term of office was vacant for the election are
773     re-elected to the council for the following term.
774          (7) A county council that appoints a county manager in accordance with this section
775     may not, on or after May 10, 2011, enter into an employment contract that contains an
776     automatic renewal provision with the county manager.
777          Section 14. Section 17-52a-301, which is renumbered from Section 17-52-201 is
778     renumbered and amended to read:
779     
Part 3. Procedure for Initiating Change in Form of County Government

780          [17-52-201].      17-52a-301. Procedure for initiating change in form of
781     county government -- Limitations -- Pending proceedings.
782          [(1) An optional plan proposing an alternate form of government for a county may be
783     adopted as provided in this chapter.]
784          (1) A county may change the county's form of government as provided in this chapter.
785          (2) The process to [adopt an optional plan establishing an alternate] change a county's
786     form of [county] government may be initiated by:
787          (a) the county legislative body as provided in Section [17-52-202] 17-52a-302; or
788          (b) registered voters of the county as provided in Section [17-52-203] 17-52a-303.
789          (3) (a) If the process to [adopt an optional plan has been] change a county's form of
790     government is initiated under Laws of Utah 1973, Chapter 26, Section 3, 4, or 5, or Section
791     [17-52-202 or 17-52-203] 17-52a-302 or 17-52a-303, the county legislative body may not
792     initiate the process again under Section [17-52-202 unless the earlier proceeding] 17-52a-302,
793     and registered voters may not initiate the process again under Section 17-52a-303, until the first
794     initiated process concludes:
795          [(i) has been concluded by an affirmative or negative vote of registered voters; or]
796          [(ii) has not been concluded but has been pending for at least two years.]
797          (i) with an election under Section 17-52a-401; or
798          (ii) because registered voters fail to submit a sufficient number of valid signatures for a
799     petition before the deadline described in Subsection 17-52a-303(2)(c).
800          (b) A county legislative body may not initiate the process to [adopt an optional plan]

801     change the county's form of government under Section [17-52-202] 17-52a-302 within four
802     years of an election at which voters approved or rejected [an optional plan proposed as a result
803     of a process initiated by] a proposed change in the county's form of government that the county
804     legislative body initiates.
805          (c) Registered voters of a county may not initiate the process to [adopt an optional
806     plan] change the county's form of government under Section [17-52-203] 17-52a-303 within
807     four years of an election at which voters approved or rejected [an optional plan proposed as a
808     result of a process initiated by] a proposed change in the county's form of government that
809     registered voters initiate.
810          Section 15. Section 17-52a-302, which is renumbered from Section 17-52-202 is
811     renumbered and amended to read:
812          [17-52-202].      17-52a-302. County legislative body initiation of change in
813     form of county government -- Procedure.
814          (1) A county legislative body may initiate the process of [adopting an optional plan]
815     changing the county's form or government by adopting a resolution to submit to the voters the
816     question of whether [a study committee should be established as provided in Section
817     17-52-301] the county should change the county's form of government.
818          (2) [Each] The county legislative body shall ensure that a resolution adopted under
819     Subsection (1) [shall require]:
820          (a) complies with the requirements described in Section 17-52a-304; and
821          (b) requires the question to be submitted to the registered voters of the county at the
822     next [special election scheduled pursuant to Section 20A-1-204 after adoption of the resolution
823     under Subsection (1)] election described in Section 17-52a-401.
824          Section 16. Section 17-52a-303, which is renumbered from Section 17-52-203 is
825     renumbered and amended to read:
826          [17-52-203].      17-52a-303. Registered voter initiation of change in form of
827     government -- Procedure.
828          (1) (a) Registered voters of a county may initiate the process of [adopting an optional
829     plan by filing a petition for the establishment of a study committee as provided in Section
830     17-52-301] changing the county's form of government by filing with the county clerk a notice
831     of intent to gather signatures for a petition to change the county's form of government.

832          [(2) Each petition under Subsection (1) shall:]
833          (b) A notice of intent described in Subsection (1)(a) shall:
834          (i) designate up to five sponsors for the petition;
835          (ii) designate a contact sponsor to serve as the primary contact for the petition
836     sponsors;
837          (iii) list the mailing address and telephone number of each of the sponsors;
838          (iv) comply with the requirements described in Section 17-52a-304; and
839          (v) be signed by each of the petition sponsors.
840          (c) Registered voters of a county may not file a notice of intent to gather signatures in
841     bad faith.
842          (2) (a) The sponsors of a petition to change a county's form of government may
843     circulate the petition after filing a notice of intent to gather signatures under Subsection (1).
844          [(a) be] (b) To be considered valid, the petition is required to be signed by registered
845     voters residing in the county equal in number to at least 10% of the total number of votes cast
846     in the county for all candidates for president of the United States at the most recent election
847     [for] at which a president of the United States[;] was elected.
848          [(b) designate up to five of the petition signers as sponsors, one of whom shall be
849     designated as the contact sponsor, with the mailing address and telephone number of each; and]
850          [(c) be filed in the office of the clerk of the county in which the petition signers reside.]
851          (c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit
852     the completed petition and any amended or supplemental petition described in Subsection
853     (3)(b) with the county clerk not more than 180 days after the day on which the sponsors file the
854     notice described in Subsection (1).
855          (3) [(a)] Within 30 days [of the filing of a] after the day on which the sponsors submit a
856     petition under Subsection [(1)] (2)(c) or an amended or supplemental petition under Subsection
857     [(3)(b)] (4), the county clerk shall:
858          [(i)] (a) determine whether the petition or amended or supplemental petition has been
859     signed by the required number of registered voters; and
860          [(ii) (A) if so,]
861          (b) (i) if the petition was signed by a sufficient number of registered voters:
862          (A) certify the petition [or amended or supplemental petition and];

863          (B) deliver [it] the petition to the county legislative body; and
864          (C) notify [in writing] the contact sponsor in writing of the certification; or
865          [(B) if not,] (ii) if the petition was not signed by a sufficient number of registered
866     voters:
867          (A) reject the petition [or the amended or supplemental petition]; and
868          (B) notify [in writing] the county legislative body and the contact sponsor in writing of
869     the rejection and the reasons for the rejection.
870          [(b) If a county clerk rejects a petition or an amended or supplemental petition under
871     Subsection (3)(a)(ii)(B), the petition may be amended or supplemented or an amended or
872     supplemental petition may be further amended or supplemented with additional signatures and
873     refiled within 20 days of the date of rejection.]
874          (4) The sponsors of a petition circulated under this section may amend the petition or
875     submit supplemental signatures for the petition:
876          (a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and
877          (b) before the earlier of:
878          (i) the deadline described in Subsection (2)(c); or
879          (ii) 20 days after the day on which the county clerk rejects the petition under
880     Subsection (3)(b)(ii).
881          [(4) With the unanimous approval of petition sponsors, a petition filed under
882     Subsection (1) may be withdrawn at any time within 90 days after petition certification but no
883     later than 45 days before an election under Section 17-52-206 if:]
884          [(a) the petition notified signers in conspicuous language that the petition sponsors are
885     authorized to withdraw the petition; and]
886          [(b) there are at least three sponsors of the petition.]     
887          Section 17. Section 17-52a-304, which is renumbered from Section 17-52-402 is
888     renumbered and amended to read:
889          [17-52-402].      17-52a-304. Specifying forms of county government.
890          (1) (a) [Each optional plan shall propose] A county legislative body that adopts a
891     resolution under Section 17-52a-302, and registered voters that file a notice of intent to gather
892     signatures under Section 17-52a-303, shall ensure that the resolution or notice proposes
893     changing the form of county government to:

894          (i) the county commission form under Section [17-52-501] 17-52a-201;
895          (ii) the expanded county commission form under Section [17-52-502] 17-52a-202;
896          (iii) the county executive and council form under Section [17-52-504] 17-52a-203; or
897          (iv) the council-manager form under Section [17-52-505] 17-52a-204.
898          [(b) An optional plan adopted after May 1, 2000, may not:]
899          [(i)] (b) A county legislative body or registered voters may not propose changing the
900     form of government to a form not included in Subsection (1)(a)[;].
901          [(ii) provide for the nonpartisan election of elected officers;]
902          [(iii) impose a limit on the number of terms or years that an elected officer may serve;
903     or]
904          [(iv) provide for elected officers to be subject to a recall election.]
905          [(2) In addition to proposing the adoption of any one of the optional forms of county
906     government under Subsection (1)(a), an optional plan may also propose the adoption of any
907     one of the structural forms of county government provided under Chapter 35b, Part 3,
908     Structural Forms of County Government.]
909          [(3) A county that provided for the election of the county's elected officers through a
910     partisan election in or after the 2000 general election may not change to a process that provides
911     for the election of the county's elected officers through a nonpartisan election.]
912          Section 18. Section 17-52a-305 is enacted to read:
913          17-52a-305. Public hearings.
914          (1) The county legislative body shall hold public hearings under this section within 45
915     days after the day on which:
916          (a) the county legislative body adopts a resolution under Section 17-52a-302; or
917          (b) the county clerk certifies a petition under Subsection 17-52a-303(3).
918          (2) The county legislative body shall hold at least four public hearings on a proposed
919     change in the county's form of government.
920          Section 19. Section 17-52a-401, which is renumbered from Section 17-52-206 is
921     renumbered and amended to read:
922     
Part 4. Election on and Transition to a New Form of County Government

923          [17-52-206].      17-52a-401. Election on change in form of county
924     government.

925          [(1) (a) The county legislative body shall hold an election on an optional plan
926     recommended in a study committee report filed under Subsection 17-52-303(3)(d) if:]
927          [(i) the county or district attorney has completed the review of the recommended
928     optional plan and has submitted the attorney's report to the county clerk as provided in Section
929     17-52-204;]
930          [(ii) the recommended optional plan may, under Subsection 17-52-204(3), be the
931     subject of a resolution or petition under this Subsection (1); and]
932          [(iii) after the county or district attorney has submitted the attorney's report under
933     Section 17-52-204:]
934          [(A) the county legislative body adopts a resolution to submit the recommended
935     optional plan to voters; or]
936          [(B) a petition is filed with the county clerk that:]
937          [(I) is signed by registered voters residing in the county equal in number to at least 10%
938     of the total number of votes cast in the county at the most recent election for president of the
939     United States;]
940          [(II) designates up to five of the petition signers as sponsors, one of whom shall be
941     designated as the contact sponsor, with the mailing address and telephone number of each; and]
942          [(III) requests that the recommended optional plan be submitted to voters.]
943          [(b) The process for certifying a petition filed under Subsection (1)(a)(iii)(B) shall be
944     the same as that provided in Subsection 17-52-203(3).]
945          (1) The county legislative body shall hold an election under this section if:
946          (a) the county legislative body adopts a resolution under Section 17-52a-302; or
947          (b) the county clerk certifies a petition under Subsection 17-52a-303(3).
948          (2) [Each election under Subsection (1)] An election on a change in the county's form
949     government shall be held at the next regular general or municipal general election [date] that is
950     no less than [two months after] 75 days after the day on which the conditions described in
951     Subsection (1) are met:
952          [(a) the county legislative body's adoption of a resolution under Subsection
953     (1)(a)(iii)(A); or]
954          [(b) certification of a petition filed under Subsection (1)(a)(iii)(B).]
955          (3) The county clerk shall prepare the ballot for [each] an election under [Subsection

956     (1)] this section so that the question on the ballot states substantially [as follows] the following:
957          "Shall ___________________ County adopt the alternate form of government known
958     as the __(insert the proposed form of government)___ [that has been recommended by the
959     study committee]?"
960          [(4) The county clerk shall:]
961          [(a) cause the complete text of the proposed optional plan to be published in a
962     newspaper of general circulation within the county at least once during two different calendar
963     weeks within the 30-day period immediately before the date of the election under Subsection
964     (1); and]
965          [(b) make a complete copy of the optional plan and the study committee report
966     available free of charge to any member of the public who requests a copy.]
967          (4) a county clerk shall declare a change in a county's form of government as approved
968     by the voters if a majority of voters voting on the change vote in favor of the change.
969          Section 20. Section 17-52a-402, which is renumbered from Section 17-52-205 is
970     renumbered and amended to read:
971          [17-52-205].      17-52a-402. Voter information pamphlet.
972          (1) In anticipation of an election under Section [17-52-206] 17-52a-401, the county
973     clerk may prepare a voter information pamphlet to inform the public of the proposed [optional
974     plan] change in the county's form of government.
975          (2) In preparing a voter information pamphlet under this section, the county clerk may:
976          (a) allow proponents and opponents of the proposed [optional plan] change to provide
977     written statements to be included in the pamphlet; and
978          (b) use as a guideline the provisions of Title 20A, Chapter 7, Part 7, Voter Information
979     Pamphlet.
980          (3) [Each] A county clerk [preparing] who prepares a voter information pamphlet
981     under this section shall cause the publication and distribution of the pamphlet in a manner
982     [determined by] that the county clerk [to be] determines is adequate.
983          Section 21. Section 17-52a-403, which is renumbered from Section 17-52-403 is
984     renumbered and amended to read:
985          [17-52-403].      17-52a-403. Election of new county officers.
986          (1) If a [proposed optional plan] change in a county's form of government is approved

987     at an election held under Section [17-52-206] 17-52a-401:
988          (a) the elected county officers shall be elected at the next regular general election
989     following the election under Section 17-52a-401, according to the procedure and schedule
990     established under Title 20A, Election Code, for the election of county officers;
991          [(a) the proposed optional plan]
992           [becomes effective according to its terms and,]
993           [subject to Subsection 17-52-401(1)(c), at the time specified in it, is public record open
994     to inspection by the public, and]
995           [is judicially noticeable by all courts;]
996          [(b) the county clerk shall, within 10 days of the canvass of the election, file with the
997     lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct
998     copy;]
999          [(c)] (b) all public officers and employees shall cooperate fully in making the transition
1000     between forms of county government; and
1001          [(d)] (c) the county legislative body may enact and enforce necessary ordinances to
1002     bring about an orderly transition to the new form of government, including any transfer of
1003     power, records, documents, properties, assets, funds, liabilities, or personnel that are consistent
1004     with the approved optional or transitional plan and necessary or convenient to place it into full
1005     effect.
1006          [(2) Adoption of an optional plan changing only the form of county government
1007     without adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of
1008     County Government, does not alter or affect the boundaries, organization, powers, duties, or
1009     functions of any:]
1010          [(a) school district;]
1011          [(b) justice court;]
1012          [(c) local district under Title 17B, Limited Purpose Local Government Entities - Local
1013     Districts;]
1014          [(d) special service district under Title 17D, Chapter 1, Special Service District Act;]
1015          [(e) city or town; or]
1016          [(f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
1017     Cooperation Act.]

1018          [(3)] (2) After [the adoption of an optional plan] a county changes the county's form of
1019     government, the county remains vested with all powers and duties vested generally in counties
1020     by statute.
1021          Section 22. Section 17-52a-404, which is renumbered from Section 17-52-401 is
1022     renumbered and amended to read:
1023          [17-52-401].      17-52a-404. County legislative body to establish transition
1024     plan.
1025          [(1) Each optional plan proposed under this chapter:]
1026          [(a) shall propose the adoption of one of the forms of county government listed in
1027     Subsection 17-52-402(1)(a);]
1028          (1) The county legislative body shall hold public hearings under this section within 45
1029     days after the day on which:
1030          (a) the county legislative body adopts a resolution under Section 17-52a-302; or
1031          (b) the county clerk certifies a petition under Subsection 17-52a-303(3).
1032          (2) The county legislative body shall hold at least four public hearings on a proposed
1033     change in the county's form of government, that:
1034          [(b)] (a) [shall contain] contains detailed provisions relating to the transition from the
1035     existing form of county government to the form [proposed in the optional plan] approved by
1036     the voters, including provisions relating to the:
1037          (i) election or appointment of officers [specified in the optional plan] for the new form
1038     of county government;
1039          (ii) retention, elimination, or combining of existing offices [and, if an office is
1040     eliminated, the division or department of county government responsible for performing the
1041     duties of the eliminated office];
1042          (iii) redistribution of duties of an office that the transitional plan eliminates;
1043          [(iii)] (iv) continuity of existing ordinances and regulations;
1044          [(iv)] (v) continuation of pending legislative, administrative, or judicial proceedings;
1045          [(v)] (vi) making of interim and temporary appointments; and
1046          [(vi)] (vii) preparation, approval, and adjustment of necessary budget appropriations;
1047          [(c)] (b) [shall specify] specifies the date [it is to become effective if adopted] the
1048     transitional plan becomes effective, which may not be earlier than the first day of January next

1049     following the election of officers under [the new plan; and] under the new form of government;
1050          [(d)] (c) notwithstanding any other provision of this title, and except [with respect to an
1051     optional plan that proposes the adoption of] when a county changes to the county commission
1052     or expanded county commission form of government, [with respect to the county budget shall
1053     provide] provides that the county executive's role is to prepare and present a proposed budget
1054     to the county legislative body, and the county legislative body's role is to adopt a final
1055     budget[.];
1056          (d) specifies the method of election and initial terms of county council members or
1057     commissioners under the new form of county government; and
1058          (e) specifies whether some or all of county council members or commissioners are to
1059     be elected by district, and if so, specifies the boundaries of districts that are substantially equal
1060     in population.
1061          [(2) Subject to Subsection (3), an optional plan may include provisions that are
1062     considered necessary or advisable to the effective operation of the proposed optional plan.]
1063          [(3) An optional plan may not include any provision that is inconsistent with or
1064     prohibited by the Utah Constitution or any statute.]
1065          [(4)] (2) [Each optional plan proposing to change the] If a county changes the county's
1066     form of government to a form under Section [17-52-504 or 17-52-505 shall] 17-52a-203 or
1067     17-52a-204, the county legislative body shall ensure that a transitional plan:
1068          (a) [provide] provides for the same executive and legislative officers as are specified in
1069     the applicable section for the form of government [being proposed by the optional plan] to
1070     which the county is changing;
1071          (b) [provide] provides for the election of the county council;
1072          (c) [specify] specifies the number of county council members, which shall be an odd
1073     number from three to nine;
1074          (d) [specify] specifies whether the members of the county council are to be elected
1075     from districts, at large, or by a combination of at large and by district;
1076          (e) [specify] specifies county council members' qualifications and terms and whether
1077     the terms are to be staggered;
1078          (f) [contain] contains procedures for filling vacancies on the county council, consistent
1079     with the provisions of Section 20A-1-508; and

1080          (g) [state] states the initial compensation, if any, of county council members and
1081     procedures for prescribing and changing compensation.
1082          [(5) Each optional plan proposing to change the]
1083          (3) If a county changes the county's form of government to the county commission
1084     form under Section [17-52-501] 17-52a-201 or the expanded county commission form under
1085     Section [17-52-502 shall specify] 17-52a-202, the county legislative body shall ensure that a
1086     transitional plan specifies:
1087          (a) (i) for the county commission form of government, that the county commission
1088     shall have three members; or
1089          (ii) for the expanded county commission form of government, whether the county
1090     commission shall have five or seven members;
1091          (b) the terms of office for county commission members and whether the terms are to be
1092     staggered;
1093          (c) whether members of the county commission are to be elected from districts, at
1094     large, or by a combination of at large and from districts;
1095          (d) if any members of the county commission are to be elected from districts, the
1096     district residency requirements for those commission members; and
1097          (e) if any members of the county commission are to be elected at large, whether the
1098     election of county commission members is subject to the provisions of Subsection [17-52-501]
1099     17-52a-201(6) or Subsection [17-52-502] 17-52a-202(6).
1100          (4) A transitional plan created under this section may not:
1101          (a) provide for the nonpartisan election of elected officers;
1102          (b) impose a limit on the number of terms or years that an elected officer may serve; or
1103          (c) provide for elected officers to be subject to a recall election.
1104          (5) A transitional plan may provide for a change in the structural forms of county
1105     government under Chapter 35b, Part 3, Structural Forms of County Government.
1106          Section 23. Section 17-53-101 is amended to read:
1107          17-53-101. County officers enumerated.
1108          (1) The elected officers of a county are:
1109          (a) (i) in a county operating under a county commission or expanded county
1110     commission form of government, county commission members; or

1111          (ii) in a county operating under one of the other forms of county government under
1112     Subsection [17-52-402] 17-52a-304(1)(a), county legislative body members and the county
1113     executive;
1114          (b) a county treasurer, a sheriff, a county clerk, a county auditor, a county recorder, a
1115     county attorney, a district attorney in a county which is part of a prosecution district, a county
1116     surveyor, and a county assessor; and
1117          (c) any others provided by law.
1118          (2) Notwithstanding Subsection (1), in counties having a taxable value of less than
1119     $100,000,000 the county clerk shall be ex officio auditor of the county and shall perform the
1120     duties of the office without extra compensation.
1121          Section 24. Section 17-53-302 is amended to read:
1122          17-53-302. County executive duties.
1123          Each county executive shall:
1124          (1) exercise supervisory control over all functions of the executive branch of county
1125     government;
1126          (2) direct and organize the management of the county in a manner consistent with state
1127     law, county ordinance, and the county's optional or transitional plan of county government;
1128          (3) carry out programs and policies established by the county legislative body;
1129          (4) faithfully ensure compliance with all applicable laws and county ordinances;
1130          (5) exercise supervisory and coordinating control over all departments of county
1131     government;
1132          (6) except as otherwise vested in the county legislative body by state law or by the
1133     optional or transitional plan of county government, and subject to Section 17-53-317, appoint,
1134     suspend, and remove the directors of all county departments and all appointive officers of
1135     boards and commissions;
1136          (7) except as otherwise delegated by statute to another county officer, exercise
1137     administrative and auditing control over all funds and assets, tangible and intangible, of the
1138     county;
1139          (8) except as otherwise delegated by statute to another county officer, supervise and
1140     direct centralized budgeting, accounting, personnel management, purchasing, and other service
1141     functions of the county;

1142          (9) conduct planning studies and make recommendations to the county legislative body
1143     relating to financial, administrative, procedural, and operational plans, programs, and
1144     improvements in county government;
1145          (10) maintain a continuing review of expenditures and of the effectiveness of
1146     departmental budgetary controls;
1147          (11) develop systems and procedures, not inconsistent with statute, for planning,
1148     programming, budgeting, and accounting for all activities of the county;
1149          (12) if the county executive is an elected county executive, exercise a power of veto
1150     over ordinances enacted by the county legislative body, including an item veto upon budget
1151     appropriations, in the manner provided by the optional or transitional plan of county
1152     government;
1153          (13) review, negotiate, approve, and execute contracts for the county, unless otherwise
1154     provided by statute;
1155          (14) perform all other functions and duties required of the executive by state law,
1156     county ordinance, and the optional or transitional plan of county government; and
1157          (15) sign on behalf of the county all deeds that convey county property.
1158          Section 25. Section 17B-2a-1106 is amended to read:
1159          17B-2a-1106. Municipal services district board of trustees -- Governance.
1160          (1) Except as provided in Subsection (2), and notwithstanding any other provision of
1161     law regarding the membership of a local district board of trustees, the initial board of trustees
1162     of a municipal services district shall consist of the county legislative body.
1163          (2) (a) Notwithstanding any provision of law regarding the membership of a local
1164     district board of trustees or the governance of a local district, and, except as provided in
1165     Subsection (3), if a municipal services district is created in a county of the first class with the
1166     county executive-council form of government, the initial governance of the municipal services
1167     district is as follows:
1168          (i) subject to Subsection (2)(b), the county council is the municipal services district
1169     board of trustees; and
1170          (ii) subject to Subsection (2)(c), the county executive is the executive of the municipal
1171     services district.
1172          (b) Notwithstanding any other provision of law, the board of trustees of a municipal

1173     services district described in Subsection (2)(a) shall:
1174          (i) act as the legislative body of the district; and
1175          (ii) exercise legislative branch powers and responsibilities established for county
1176     legislative bodies in:
1177          (A) Title 17, Counties; and
1178          (B) an optional plan[, as] or a transitional plan, as those terms are defined in Section
1179     [17-52-101] 17-52a-101, adopted for a county executive-council form of county government as
1180     described in Section [17-52-504] 17-52a-203.
1181          (c) Notwithstanding any other provision of law, in a municipal services district
1182     described in Subsection (2)(a), the executive of the district shall:
1183          (i) act as the executive of the district;
1184          (ii) nominate a general manager of the municipal services district, subject to the advice
1185     and consent of the board of trustees; and
1186          (iii) exercise executive branch powers and responsibilities established for a county
1187     executive in:
1188          (A) Title 17, Counties; and
1189          (B) an optional plan[, as] or a transitional plan, as those terms are defined in Section
1190     [17-52-101] 17-52a-101, adopted for a county executive-council form of county government as
1191     described in Section [17-52-504] 17-52a-203.
1192          (3) (a) If, after the initial creation of a municipal services district, an area within the
1193     district is incorporated as a municipality as defined in Section 10-1-104 and the area is not
1194     withdrawn from the district in accordance with Section 17B-1-502 or 17B-1-505, or an area
1195     within the municipality is annexed into the municipal services district in accordance with
1196     Section 17B-2a-1103, the district's board of trustees shall be as follows:
1197          (i) subject to Subsection (3)(b), a member of that municipality's governing body;
1198          (ii) subject to Subsection (4), two members of the county council of the county in
1199     which the municipal services district is located; and
1200          (iii) the total number of board members shall be an odd number.
1201          (b) A member described in Subsection (3)(a)(i) shall be:
1202          (i) for a municipality other than a metro township, designated by the municipal
1203     legislative body; and

1204          (ii) for a metro township, the chair of the metro township.
1205          (c) A member of the board of trustees has the powers and duties described in
1206     Subsection (2)(b).
1207          (d) The county executive is the executive and has the powers and duties as described in
1208     Subsection (2)(c).
1209          (4) (a) The number of county council members may be increased or decreased to meet
1210     the membership requirements of Subsection (3)(a)(iii) but may not be less than one.
1211          (b) The number of county council members described in Subsection (3)(a)(ii) does not
1212     include the county mayor.
1213          (5) For a board of trustees described in Subsection (3), each board member's vote is
1214     weighted using the proportion of the municipal services district population that resides:
1215          (a) for each member described in Subsection (3)(a)(i), within that member's
1216     municipality; and
1217          (b) for each member described in Subsection (3)(a)(ii), within the unincorporated
1218     county, with the members' weighted vote divided evenly if there is more than one member on
1219     the board described in Subsection (3)(a)(ii).
1220          (6) The board may adopt a resolution providing for future board members to be
1221     appointed, as provided in Section 17B-1-304, or elected, as provided in Section 17B-1-306.
1222          (7) (a) Notwithstanding Subsections 17B-1-309(1) or 17B-1-310(1), the board of
1223     trustees may adopt a resolution to determine the internal governance of the board.
1224          (b) A resolution adopted under Subsection (7)(a) may not alter or impair the board of
1225     trustees' duties, powers, or responsibilities described in Subsection (2)(b) or the executive's
1226     duties, powers, or responsibilities described in Subsection (2)(c).
1227          (8) The municipal services district and the county may enter into an agreement for the
1228     provision of legal services to the municipal services district.
1229          Section 26. Section 17C-1-203 is amended to read:
1230          17C-1-203. Agency board -- Quorum.
1231          (1) The governing body of an agency is a board consisting of the current members of
1232     the community legislative body.
1233          (2) A majority of board members constitutes a quorum for the transaction of agency
1234     business.

1235          (3) A board may not adopt a resolution, pass a motion, or take any other official board
1236     action without the concurrence of at least a majority of the board members present at a meeting
1237     at which a quorum is present.
1238          (4) (a) The mayor or the mayor's designee of a municipality operating under a
1239     council-mayor form of government, as defined in Section 10-3b-102:
1240          (i) serves as the executive director of an agency created by the municipality; and
1241          (ii) exercises the agency's executive powers.
1242          (b) The county executive or the county executive's designee of a county operating
1243     under a county executive-council form of government, as described in Section [17-52-504]
1244     17-52a-203:
1245          (i) serves as the executive director of an agency created by the county; and
1246          (ii) exercises the agency's executive powers.
1247          Section 27. Section 17D-2-203 is amended to read:
1248          17D-2-203. Local building authority board of directors.
1249          (1) Except as provided in Subsection (3), the members of the governing body of the
1250     creating local entity constitute the authority board of the local building authority created by the
1251     creating local entity.
1252          (2) An authority board may be referred to as a board of trustees.
1253          (3) (a) For a local building authority whose creating local entity is a county that
1254     operates under the county commission form of government under Section [17-52-501]
1255     17-52a-201, two members of the authority board may appoint an elected officer of the county
1256     to serve temporarily as a member of the authority board if the other authority board member:
1257          (i) is, as a member of the county commission, placed on paid administrative leave
1258     under Section 17-16-10.5;
1259          (ii) is unable to serve due to a disability;
1260          (iii) has a conflict of interest with respect to a matter before the authority board that
1261     disqualifies the authority board member or causes the member to abstain from participating in
1262     action on that matter; or
1263          (iv) is unable for any other reason to serve temporarily on the authority board or to
1264     participate in a matter before the board.
1265          (b) An elected county officer appointed to an authority board under Subsection (3)(a)

1266     may serve only until the condition under Subsection (3)(a)(i), (ii), (iii), or (iv) causing the need
1267     for the appointment is no longer present.
1268          Section 28. Section 20A-1-203 is amended to read:
1269          20A-1-203. Calling and purpose of special elections -- Two-thirds vote
1270     limitations.
1271          (1) Statewide and local special elections may be held for any purpose authorized by
1272     law.
1273          (2) (a) Statewide special elections shall be conducted using the procedure for regular
1274     general elections.
1275          (b) Except as otherwise provided in this title, local special elections shall be conducted
1276     using the procedures for regular municipal elections.
1277          (3) The governor may call a statewide special election by issuing an executive order
1278     that designates:
1279          (a) the date for the statewide special election; and
1280          (b) the purpose for the statewide special election.
1281          (4) The Legislature may call a statewide special election by passing a joint or
1282     concurrent resolution that designates:
1283          (a) the date for the statewide special election; and
1284          (b) the purpose for the statewide special election.
1285          (5) (a) The legislative body of a local political subdivision may call a local special
1286     election only for:
1287          (i) a vote on a bond or debt issue;
1288          (ii) a vote on a voted local levy authorized by Section 53A-16-110 or 53A-17a-133;
1289          (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
1290          (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
1291          (v) if required or authorized by federal law, a vote to determine whether or not Utah's
1292     legal boundaries should be changed;
1293          (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
1294          (vii) a vote to elect members to school district boards for a new school district and a
1295     remaining school district, as defined in Section 53A-2-117, following the creation of a new
1296     school district under Section 53A-2-118.1;

1297          (viii) a vote on a municipality providing cable television services or public
1298     telecommunications services under Section 10-18-204;
1299          (ix) a vote to create a new county under Section 17-3-1;
1300          [(x) a vote on the creation of a study committee under Sections 17-52-202 and
1301     17-52-203.5;]
1302          [(xi)] (x) a vote on a special property tax under Section 53A-16-110;
1303          [(xii)] (xi) a vote on the incorporation of a city in accordance with Section 10-2a-210;
1304          [(xiii)] (xii) a vote on the incorporation of a town in accordance with Section
1305     10-2a-304; or
1306          [(xiv)] (xiii) a vote on incorporation or annexation as described in Section 10-2a-404.
1307          (b) The legislative body of a local political subdivision may call a local special election
1308     by adopting an ordinance or resolution that designates:
1309          (i) the date for the local special election as authorized by Section 20A-1-204; and
1310          (ii) the purpose for the local special election.
1311          (c) A local political subdivision may not call a local special election unless the
1312     ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
1313     two-thirds majority of all members of the legislative body, if the local special election is for:
1314          (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
1315          (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
1316          (iii) a vote authorized or required for a sales tax issue as described in Subsection
1317     (5)(a)(vi).
1318          Section 29. Section 20A-1-508 is amended to read:
1319          20A-1-508. Midterm vacancies in county elected offices.
1320          (1) As used in this section:
1321          (a) (i) "County offices" includes the county executive, members of the county
1322     legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
1323     the county recorder, the county surveyor, and the county assessor.
1324          (ii) "County offices" does not mean the offices of president and vice president of the
1325     United States, United States senators and representatives, members of the Utah Legislature,
1326     state constitutional officers, county attorneys, district attorneys, and judges.
1327          (b) "Party liaison" means the political party officer designated to serve as a liaison with

1328     each county legislative body on all matters relating to the political party's relationship with a
1329     county as required by Section 20A-8-401.
1330          (2) (a) Until a replacement is selected as provided in this section and has qualified, the
1331     county legislative body shall appoint an interim replacement to fill the vacant office by
1332     following the procedures and requirements of this Subsection (2).
1333          (b) (i) To appoint an interim replacement, the county legislative body shall give notice
1334     of the vacancy to the party liaison of the same political party of the prior office holder and
1335     invite that party liaison to submit the name of a person to fill the vacancy.
1336          (ii) That party liaison shall, within 30 days, submit the name of the person selected in
1337     accordance with the party constitution or bylaws as described in Section 20A-8-401 for the
1338     interim replacement to the county legislative body.
1339          (iii) The county legislative body shall no later than five days after the day on which a
1340     party liaison submits the name of the person for the interim replacement appoint the person to
1341     serve out the unexpired term.
1342          (c) (i) If the county legislative body fails to appoint an interim replacement to fill the
1343     vacancy in accordance with Subsection (2)(b)(iii), the county clerk shall send to the governor a
1344     letter that:
1345          (A) informs the governor that the county legislative body has failed to appoint a
1346     replacement within the statutory time period; and
1347          (B) contains the name of the person to fill the vacancy submitted by the party liaison.
1348          (ii) The governor shall appoint the person named by the party liaison as an interim
1349     replacement to fill the vacancy within 30 days after receipt of the letter.
1350          (d) A person appointed as interim replacement under this Subsection (2) shall hold
1351     office until their successor is elected and has qualified.
1352          (3) (a) The requirements of this Subsection (3) apply to all county offices that become
1353     vacant if:
1354          (i) the vacant office has an unexpired term of two years or more; and
1355          (ii) the vacancy occurs after the election at which the person was elected but before
1356     April 10 of the next even-numbered year.
1357          (b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk
1358     shall notify the public and each registered political party that the vacancy exists.

1359          (ii) An individual intending to become a candidate for the vacant office shall file a
1360     declaration of candidacy in accordance with:
1361          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
1362          (B) for a county commission office, Subsection [17-52-501(6) or 17-52-502]
1363     17-52a-201(6) or 17-52a-202(6), if applicable.
1364          (iii) An individual who is nominated as a party candidate for the vacant office or
1365     qualified as an independent or write-in candidate under Chapter 8, Political Party Formation
1366     and Procedures, for the vacant office shall run in the regular general election.
1367          (4) (a) The requirements of this Subsection (4) apply to all county offices that become
1368     vacant if:
1369          (i) the vacant office has an unexpired term of two years or more; and
1370          (ii) the vacancy occurs after April 9 of the next even-numbered year but more than 75
1371     days before the regular primary election.
1372          (b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk
1373     shall notify the public and each registered political party that:
1374          (A) the vacancy exists; and
1375          (B) identifies the date and time by which a person interested in becoming a candidate
1376     shall file a declaration of candidacy.
1377          (ii) An individual intending to become a candidate for a vacant office shall, within five
1378     days after the date that the notice is made, ending at the close of normal office hours on the
1379     fifth day, file a declaration of candidacy for the vacant office in accordance with:
1380          (A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
1381          (B) for a county commission office, Subsection [17-52-501(6) or 17-52-502]
1382     17-52a-201(6) or 17-52a-202(6), if applicable.
1383          (iii) The county central committee of each party shall:
1384          (A) select a candidate or candidates from among those qualified candidates who have
1385     filed declarations of candidacy; and
1386          (B) certify the name of the candidate or candidates to the county clerk at least 60 days
1387     before the regular primary election.
1388          (5) (a) The requirements of this Subsection (5) apply to all county offices that become
1389     vacant:

1390          (i) if the vacant office has an unexpired term of two years or more; and
1391          (ii) when 75 days or less remain before the regular primary election but more than 65
1392     days remain before the regular general election.
1393          (b) When the conditions established in Subsection (5)(a) are met, the county central
1394     committees of each political party registered under this title that wishes to submit a candidate
1395     for the office shall summarily certify the name of one candidate to the county clerk for
1396     placement on the regular general election ballot.
1397          (6) (a) The requirements of this Subsection (6) apply to all county offices that become
1398     vacant:
1399          (i) if the vacant office has an unexpired term of less than two years; or
1400          (ii) if the vacant office has an unexpired term of two years or more but 65 days or less
1401     remain before the next regular general election.
1402          (b) (i) When the conditions established in Subsection (6)(a) are met, the county
1403     legislative body shall give notice of the vacancy to the party liaison of the same political party
1404     as the prior office holder and invite that party liaison to submit the name of a person to fill the
1405     vacancy.
1406          (ii) That party liaison shall, within 30 days, submit the name of the person to fill the
1407     vacancy to the county legislative body.
1408          (iii) The county legislative body shall no later than five days after the day on which a
1409     party liaison submits the name of the person to fill the vacancy appoint the person to serve out
1410     the unexpired term.
1411          (c) (i) If the county legislative body fails to appoint a person to fill the vacancy in
1412     accordance with Subsection (6)(b)(iii), the county clerk shall send to the governor a letter that:
1413          (A) informs the governor that the county legislative body has failed to appoint a person
1414     to fill the vacancy within the statutory time period; and
1415          (B) contains the name of the person to fill the vacancy submitted by the party liaison.
1416          (ii) The governor shall appoint the person named by the party liaison to fill the vacancy
1417     within 30 days after receipt of the letter.
1418          (d) A person appointed to fill the vacancy under this Subsection (6) shall hold office
1419     until their successor is elected and has qualified.
1420          (7) Except as otherwise provided by law, the county legislative body may appoint

1421     replacements to fill all vacancies that occur in those offices filled by appointment of the county
1422     legislative body.
1423          (8) Nothing in this section prevents or prohibits independent candidates from filing a
1424     declaration of candidacy for the office within the same time limits.
1425          (9) (a) Each person elected under Subsection (3), (4), or (5) to fill a vacancy in a
1426     county office shall serve for the remainder of the unexpired term of the person who created the
1427     vacancy and until a successor is elected and qualified.
1428          (b) Nothing in this section may be construed to contradict or alter the provisions of
1429     Section 17-16-6.
1430          Section 30. Section 20A-9-409 is amended to read:
1431          20A-9-409. Primary election provisions relating to qualified political party.
1432          (1) The fourth Tuesday of June of each even-numbered year is designated as a regular
1433     primary election day.
1434          (2) (a) A qualified political party that nominates one or more candidates for an elective
1435     office under Section 20A-9-407 and does not have a candidate qualify as a candidate for that
1436     office under Section 20A-9-408, may, but is not required to, participate in the primary election
1437     for that office.
1438          (b) A qualified political party that has only one candidate qualify as a candidate for an
1439     elective office under Section 20A-9-408 and does not nominate a candidate for that office
1440     under Section 20A-9-407, may, but is not required to, participate in the primary election for
1441     that office.
1442          (c) A qualified political party that nominates one or more candidates for an elective
1443     office under Section 20A-9-407 and has one or more candidates qualify as a candidate for that
1444     office under Section 20A-9-408 shall participate in the primary election for that office.
1445          (d) A qualified political party that has two or more candidates qualify as candidates for
1446     an elective office under Section 20A-9-408 and does not nominate a candidate for that office
1447     under Section 20A-9-407 shall participate in the primary election for that office.
1448          (3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
1449     [17-52-501 or Section 17-52-502] 17-52a-201 or 17-52a-202, a qualified political party shall
1450     participate in the primary election for a county commission office if:
1451          (a) there is more than one:

1452          (i) open position as defined in Section [17-52-501] 17-52a-201; or
1453          (ii) midterm vacancy as defined in Section [17-52-501] 17-52a-201; and
1454          (b) the number of candidates nominated under Section 20A-9-407 or qualified under
1455     Section 20A-9-408 for the respective open positions or midterm vacancies exceeds the number
1456     of respective open positions or midterm vacancies.
1457          (4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
1458          (i) no individual other than the candidate receives a certification, from the appropriate
1459     filing officer, for the regular primary election ballot of the candidate's registered political party
1460     for a particular elective office; or
1461          (ii) for an office where more than one individual is to be elected or nominated, the
1462     number of candidates who receive certification, from the appropriate filing officer, for the
1463     regular primary election of the candidate's registered political party does not exceed the total
1464     number of candidates to be elected or nominated for that office.
1465          (b) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
1466     governor shall:
1467          (i) provide to the county clerks:
1468          (A) a list of the names of all candidates for federal, constitutional, multi-county, single
1469     county, and county offices who have received certifications from the appropriate filing officer,
1470     along with instructions on how those names shall appear on the primary election ballot in
1471     accordance with Section 20A-6-305; and
1472          (B) a list of unopposed candidates for elective office who have been nominated by a
1473     registered political party; and
1474          (ii) instruct the county clerks to exclude unopposed candidates from the primary
1475     election ballot.
1476          Section 31. Section 26A-1-102 is amended to read:
1477          26A-1-102. Definitions.
1478          As used in this part:
1479          (1) "Board" means a local board of health established under Section 26A-1-109.
1480          (2) "County governing body" means one of the types of county government provided
1481     for in Title 17, Chapter 52a, Part [5] 2, Forms of County Government.
1482          (3) "County health department" means a local health department that serves a county

1483     and municipalities located within that county.
1484          (4) "Department" means the Department of Health created in Title 26, Chapter 1,
1485     Department of Health Organization.
1486          (5) "Local health department" means:
1487          (a) a single county local health department;
1488          (b) a multicounty local health department;
1489          (c) a united local health department; or
1490          (d) a multicounty united local health department.
1491          (6) "Mental health authority" means a local mental health authority created in Section
1492     17-43-301.
1493          (7) "Multicounty local health department" means a local health department that is
1494     formed under Section 26A-1-105 and that serves two or more contiguous counties and
1495     municipalities within those counties.
1496          (8) "Multicounty united local health department" means a united local health
1497     department that is formed under Section 26A-1-105.5 and that serves two or more contiguous
1498     counties and municipalities within those counties.
1499          (9) "Single county local health department" means a local health department that is
1500     created by the governing body of one county to provide services to the county and the
1501     municipalities within that county.
1502          (10) "Substance abuse authority" means a local substance abuse authority created in
1503     Section 17-43-201.
1504          (11) "United local health department":
1505          (a) means a substance abuse authority, a mental health authority, and a local health
1506     department that join together under Section 26A-1-105.5; and
1507          (b) includes a multicounty united local health department.
1508          Section 32. Section 59-2-919 is amended to read:
1509          59-2-919. Notice and public hearing requirements for certain tax increases --
1510     Exceptions.
1511          (1) As used in this section:
1512          (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
1513     generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.

1514          (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
1515     revenue from:
1516          (i) eligible new growth as defined in Section 59-2-924; or
1517          (ii) personal property that is:
1518          (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
1519          (B) semiconductor manufacturing equipment.
1520          (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
1521     that begins on January 1 and ends on December 31.
1522          (d) "County executive calendar year taxing entity" means a calendar year taxing entity
1523     that operates under the county executive-council form of government described in Section
1524     [17-52-504] 17-52a-203.
1525          (e) "Current calendar year" means the calendar year immediately preceding the
1526     calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
1527     calendar year taxing entity's certified tax rate.
1528          (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
1529     begins on July 1 and ends on June 30.
1530          (g) "Last year's property tax budgeted revenue" does not include revenue received by a
1531     taxing entity from a debt service levy voted on by the public.
1532          (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
1533     rate unless the taxing entity meets:
1534          (a) the requirements of this section that apply to the taxing entity; and
1535          (b) all other requirements as may be required by law.
1536          (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
1537     year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
1538     rate if the calendar year taxing entity:
1539          (i) 14 or more days before the date of the regular general election or municipal general
1540     election held in the current calendar year, states at a public meeting:
1541          (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
1542     calendar year taxing entity's certified tax rate;
1543          (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
1544     be generated by the proposed increase in the certified tax rate; and

1545          (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
1546     based on the proposed increase described in Subsection (3)(a)(i)(B);
1547          (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
1548     accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
1549     separate item on the meeting agenda that notifies the public that the calendar year taxing entity
1550     intends to make the statement described in Subsection (3)(a)(i);
1551          (iii) meets the advertisement requirements of Subsections (6) and (7) before the
1552     calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
1553          (iv) provides notice by mail:
1554          (A) seven or more days before the regular general election or municipal general
1555     election held in the current calendar year; and
1556          (B) as provided in Subsection (3)(c); and
1557          (v) conducts a public hearing that is held:
1558          (A) in accordance with Subsections (8) and (9); and
1559          (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
1560          (b) (i) For a county executive calendar year taxing entity, the statement described in
1561     Subsection (3)(a)(i) shall be made by the:
1562          (A) county council;
1563          (B) county executive; or
1564          (C) both the county council and county executive.
1565          (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
1566     county council states a dollar amount of additional ad valorem tax revenue that is greater than
1567     the amount of additional ad valorem tax revenue previously stated by the county executive in
1568     accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
1569          (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
1570     county executive calendar year taxing entity conducts the public hearing under Subsection
1571     (3)(a)(v); and
1572          (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
1573     county executive calendar year taxing entity conducts the public hearing required by
1574     Subsection (3)(a)(v).
1575          (c) The notice described in Subsection (3)(a)(iv):

1576          (i) shall be mailed to each owner of property:
1577          (A) within the calendar year taxing entity; and
1578          (B) listed on the assessment roll;
1579          (ii) shall be printed on a separate form that:
1580          (A) is developed by the commission;
1581          (B) states at the top of the form, in bold upper-case type no smaller than 18 point
1582     "NOTICE OF PROPOSED TAX INCREASE"; and
1583          (C) may be mailed with the notice required by Section 59-2-1317;
1584          (iii) shall contain for each property described in Subsection (3)(c)(i):
1585          (A) the value of the property for the current calendar year;
1586          (B) the tax on the property for the current calendar year; and
1587          (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
1588     taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
1589     rate, the estimated tax on the property;
1590          (iv) shall contain the following statement:
1591          "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
1592     year]. This notice contains estimates of the tax on your property and the proposed tax increase
1593     on your property as a result of this tax increase. These estimates are calculated on the basis of
1594     [insert previous applicable calendar year] data. The actual tax on your property and proposed
1595     tax increase on your property may vary from this estimate.";
1596          (v) shall state the date, time, and place of the public hearing described in Subsection
1597     (3)(a)(v); and
1598          (vi) may contain other property tax information approved by the commission.
1599          (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
1600     calculate the estimated tax on property on the basis of:
1601          (i) data for the current calendar year; and
1602          (ii) the amount of additional ad valorem tax revenue stated in accordance with this
1603     section.
1604          (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
1605     that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
1606          (a) provides notice by meeting the advertisement requirements of Subsections (6) and

1607     (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
1608     taxing entity's annual budget is adopted; and
1609          (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
1610     fiscal year taxing entity's annual budget is adopted.
1611          (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
1612     of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
1613     the requirements of this section.
1614          (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
1615     (4) if:
1616          (i) Section 53A-17a-133 allows the taxing entity to levy a tax rate that exceeds that
1617     certified tax rate without having to comply with the notice provisions of this section; or
1618          (ii) the taxing entity:
1619          (A) budgeted less than $20,000 in ad valorem tax revenues for the previous fiscal year;
1620     and
1621          (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
1622     revenues.
1623          (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
1624     section shall be published:
1625          (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
1626     general circulation in the taxing entity;
1627          (ii) electronically in accordance with Section 45-1-101; and
1628          (iii) on the Utah Public Notice Website created in Section 63F-1-701.
1629          (b) The advertisement described in Subsection (6)(a)(i) shall:
1630          (i) be no less than 1/4 page in size;
1631          (ii) use type no smaller than 18 point; and
1632          (iii) be surrounded by a 1/4-inch border.
1633          (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
1634     portion of the newspaper where legal notices and classified advertisements appear.
1635          (d) It is the intent of the Legislature that:
1636          (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
1637     newspaper that is published at least one day per week; and

1638          (ii) the newspaper or combination of newspapers selected:
1639          (A) be of general interest and readership in the taxing entity; and
1640          (B) not be of limited subject matter.
1641          (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
1642          (A) except as provided in Subsection (6)(f), be run once each week for the two weeks
1643     before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
1644     and
1645          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
1646     advertisement, which shall be seven or more days after the day the first advertisement is
1647     published, for the purpose of hearing comments regarding any proposed increase and to explain
1648     the reasons for the proposed increase.
1649          (ii) The advertisement described in Subsection (6)(a)(ii) shall:
1650          (A) be published two weeks before a taxing entity conducts a public hearing described
1651     in Subsection (3)(a)(v) or (4)(b); and
1652          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
1653     advertisement, which shall be seven or more days after the day the first advertisement is
1654     published, for the purpose of hearing comments regarding any proposed increase and to explain
1655     the reasons for the proposed increase.
1656          (f) If a fiscal year taxing entity's public hearing information is published by the county
1657     auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
1658     requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
1659     the advertisement once during the week before the fiscal year taxing entity conducts a public
1660     hearing at which the taxing entity's annual budget is discussed.
1661          (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
1662     advertisement shall be substantially as follows:
1663     
"NOTICE OF PROPOSED TAX INCREASE

1664     
(NAME OF TAXING ENTITY)

1665          The (name of the taxing entity) is proposing to increase its property tax revenue.
1666          •     The (name of the taxing entity) tax on a (insert the average value of a residence
1667     in the taxing entity rounded to the nearest thousand dollars) residence would
1668     increase from $______ to $________, which is $_______ per year.

1669          •     The (name of the taxing entity) tax on a (insert the value of a business having
1670     the same value as the average value of a residence in the taxing entity) business
1671     would increase from $________ to $_______, which is $______ per year.
1672          •     If the proposed budget is approved, (name of the taxing entity) would increase
1673     its property tax budgeted revenue by ___% above last year's property tax
1674     budgeted revenue excluding eligible new growth.
1675          All concerned citizens are invited to a public hearing on the tax increase.
1676     
PUBLIC HEARING

1677          Date/Time:     (date) (time)
1678          Location:     (name of meeting place and address of meeting place)
1679          To obtain more information regarding the tax increase, citizens may contact the (name
1680     of the taxing entity) at (phone number of taxing entity)."
1681          (7) The commission:
1682          (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
1683     Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
1684     two or more taxing entities; and
1685          (b) subject to Section 45-1-101, may authorize:
1686          (i) the use of a weekly newspaper:
1687          (A) in a county having both daily and weekly newspapers if the weekly newspaper
1688     would provide equal or greater notice to the taxpayer; and
1689          (B) if the county petitions the commission for the use of the weekly newspaper; or
1690          (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
1691     if:
1692          (A) the cost of the advertisement would cause undue hardship;
1693          (B) the direct notice is different and separate from that provided for in Section
1694     59-2-919.1; and
1695          (C) the taxing entity petitions the commission for the use of a commission approved
1696     direct notice.
1697          (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
1698     legislative body in which the fiscal year taxing entity is located of the date, time, and place of
1699     the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.

1700          (B) A county that receives notice from a fiscal year taxing entity under Subsection
1701     (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
1702     of the public hearing described in Subsection (8)(a)(i)(A).
1703          (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
1704     year, notify the county legislative body in which the calendar year taxing entity is located of the
1705     date, time, and place of the first public hearing at which the calendar year taxing entity's annual
1706     budget will be discussed.
1707          (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be open to the
1708     public.
1709          (ii) The governing body of a taxing entity conducting a public hearing described in
1710     Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
1711     opportunity to present oral testimony within reasonable time limits.
1712          (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
1713     public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
1714     of another overlapping taxing entity in the same county.
1715          (ii) The taxing entities in which the power to set tax levies is vested in the same
1716     governing board or authority may consolidate the public hearings described in Subsection
1717     (3)(a)(v) or (4)(b) into one public hearing.
1718          (d) A county legislative body shall resolve any conflict in public hearing dates and
1719     times after consultation with each affected taxing entity.
1720          (e) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
1721     (4)(b) beginning at or after 6 p.m.
1722          (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
1723     valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
1724     entity shall announce at that public hearing the scheduled time and place of the next public
1725     meeting at which the taxing entity will consider budgeting the additional ad valorem tax
1726     revenue.
1727          (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
1728     of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
1729     tax revenue stated at a public meeting under Subsection (3)(a)(i).
1730          (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's

1731     certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
1732     annual budget.
1733          Section 33. Section 68-3-12.5 is amended to read:
1734          68-3-12.5. Definitions for Utah Code.
1735          (1) The definitions listed in this section apply to the Utah Code, unless:
1736          (a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
1737     to the context of the statute; or
1738          (b) a different definition is expressly provided for the respective title, chapter, part,
1739     section, or subsection.
1740          (2) "Adjudicative proceeding" means:
1741          (a) an action by a board, commission, department, officer, or other administrative unit
1742     of the state that determines the legal rights, duties, privileges, immunities, or other legal
1743     interests of one or more identifiable persons, including an action to grant, deny, revoke,
1744     suspend, modify, annul, withdraw, or amend an authority, right, or license; and
1745          (b) judicial review of an action described in Subsection (2)(a).
1746          (3) "Administrator" includes "executor" when the subject matter justifies the use.
1747          (4) "Advisory board," "advisory commission," and "advisory council" mean a board,
1748     commission, committee, or council that:
1749          (a) is created by, and whose duties are provided by, statute or executive order;
1750          (b) performs its duties only under the supervision of another person as provided by
1751     statute; and
1752          (c) provides advice and makes recommendations to another person that makes policy
1753     for the benefit of the general public.
1754          (5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
1755     and Coast Guard.
1756          (6) "County executive" means:
1757          (a) the county commission, in the county commission or expanded county commission
1758     form of government established under Title 17, Chapter 52a, Changing Forms of County
1759     Government;
1760          (b) the county executive, in the county executive-council optional form of government
1761     authorized by Section [17-52-504] 17-52a-203; or

1762          (c) the county manager, in the council-manager optional form of government
1763     authorized by Section [17-52-505] 17-52a-204.
1764          (7) "County legislative body" means:
1765          (a) the county commission, in the county commission or expanded county commission
1766     form of government established under Title 17, Chapter 52a, Changing Forms of County
1767     Government;
1768          (b) the county council, in the county executive-council optional form of government
1769     authorized by Section [17-52-504] 17-52a-203; and
1770          (c) the county council, in the council-manager optional form of government authorized
1771     by Section [17-52-505] 17-52a-204.
1772          (8) "Depose" means to make a written statement made under oath or affirmation.
1773          (9) "Executor" includes "administrator" when the subject matter justifies the use.
1774          (10) "Guardian" includes a person who:
1775          (a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
1776     or court appointment; or
1777          (b) is appointed by a court to manage the estate of a minor or incapacitated person.
1778          (11) "Highway" includes:
1779          (a) a public bridge;
1780          (b) a county way;
1781          (c) a county road;
1782          (d) a common road; and
1783          (e) a state road.
1784          (12) "Intellectual disability" means a significant, subaverage general intellectual
1785     functioning that:
1786          (a) exists concurrently with deficits in adaptive behavior; and
1787          (b) is manifested during the developmental period as defined in the current edition of
1788     the Diagnostic and Statistical Manual of Mental Disorders, published by the American
1789     Psychiatric Association.
1790          (13) "Intermediate care facility for people with an intellectual disability" means an
1791     intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
1792     Security Act.

1793          (14) "Land" includes:
1794          (a) land;
1795          (b) a tenement;
1796          (c) a hereditament;
1797          (d) a water right;
1798          (e) a possessory right; and
1799          (f) a claim.
1800          (15) "Month" means a calendar month, unless otherwise expressed.
1801          (16) "Oath" includes "affirmation."
1802          (17) "Person" means:
1803          (a) an individual;
1804          (b) an association;
1805          (c) an institution;
1806          (d) a corporation;
1807          (e) a company;
1808          (f) a trust;
1809          (g) a limited liability company;
1810          (h) a partnership;
1811          (i) a political subdivision;
1812          (j) a government office, department, division, bureau, or other body of government;
1813     and
1814          (k) any other organization or entity.
1815          (18) "Personal property" includes:
1816          (a) money;
1817          (b) goods;
1818          (c) chattels;
1819          (d) effects;
1820          (e) evidences of a right in action;
1821          (f) a written instrument by which a pecuniary obligation, right, or title to property is
1822     created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
1823          (g) a right or interest in an item described in Subsections (18)(a) through (f).

1824          (19) "Personal representative," "executor," and "administrator" include:
1825          (a) an executor;
1826          (b) an administrator;
1827          (c) a successor personal representative;
1828          (d) a special administrator; and
1829          (e) a person who performs substantially the same function as a person described in
1830     Subsections (19)(a) through (d) under the law governing the person's status.
1831          (20) "Policy board," "policy commission," or "policy council" means a board,
1832     commission, or council that:
1833          (a) is authorized to make policy for the benefit of the general public;
1834          (b) is created by, and whose duties are provided by, the constitution or statute; and
1835          (c) performs its duties according to its own rules without supervision other than under
1836     the general control of another person as provided by statute.
1837          (21) "Population" is shown by the most recent state or national census, unless expressly
1838     provided otherwise.
1839          (22) "Process" means a writ or summons issued in the course of a judicial proceeding.
1840          (23) "Property" includes both real and personal property.
1841          (24) "Real estate" or "real property" includes:
1842          (a) land;
1843          (b) a tenement;
1844          (c) a hereditament;
1845          (d) a water right;
1846          (e) a possessory right; and
1847          (f) a claim.
1848          (25) "Review board," "review commission," and "review council" mean a board,
1849     commission, committee, or council that:
1850          (a) is authorized to approve policy made for the benefit of the general public by another
1851     body or person;
1852          (b) is created by, and whose duties are provided by, statute; and
1853          (c) performs its duties according to its own rules without supervision other than under
1854     the general control of another person as provided by statute.

1855          (26) "Road" includes:
1856          (a) a public bridge;
1857          (b) a county way;
1858          (c) a county road;
1859          (d) a common road; and
1860          (e) a state road.
1861          (27) "Signature" includes a name, mark, or sign written with the intent to authenticate
1862     an instrument or writing.
1863          (28) "State," when applied to the different parts of the United States, includes a state,
1864     district, or territory of the United States.
1865          (29) "Swear" includes "affirm."
1866          (30) "Testify" means to make an oral statement under oath or affirmation.
1867          (31) "Uniformed services" means:
1868          (a) the armed forces;
1869          (b) the commissioned corps of the National Oceanic and Atmospheric Administration;
1870     and
1871          (c) the commissioned corps of the United States Public Health Service.
1872          (32) "United States" includes each state, district, and territory of the United States of
1873     America.
1874          (33) "Utah Code" means the 1953 recodification of the Utah Code, as amended, unless
1875     the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
1876          (a) on the day on which the 1953 recodification of the Utah Code was enacted; or
1877          (b) (i) after the day described in Subsection (33)(a); and
1878          (ii) before the most recent amendment to the referenced portion of the 1953
1879     recodification of the Utah Code.
1880          (34) "Vessel," when used with reference to shipping, includes a steamboat, canal boat,
1881     and every structure adapted to be navigated from place to place.
1882          (35) (a) "Veteran" means an individual who:
1883          (i) has served in the United States Armed Forces for at least 180 days:
1884          (A) on active duty; or
1885          (B) in a reserve component, to include the National Guard; or

1886          (ii) has incurred an actual service-related injury or disability while in the United States
1887     Armed Forces regardless of whether the individual completed 180 days; and
1888          (iii) was separated or retired under conditions characterized as honorable or general.
1889          (b) This definition is not intended to confer eligibility for benefits.
1890          (36) "Will" includes a codicil.
1891          (37) "Writ" means an order or precept in writing, issued in the name of:
1892          (a) the state;
1893          (b) a court; or
1894          (c) a judicial officer.
1895          (38) "Writing" includes:
1896          (a) printing;
1897          (b) handwriting; and
1898          (c) information stored in an electronic or other medium if the information is retrievable
1899     in a perceivable format.
1900          Section 34. Repealer.
1901          This bill repeals:
1902          Section 17-52-203.5, Election to determine whether study committee should be
1903     established.
1904          Section 17-52-204, County or district attorney review of proposed optional plan --
1905     Conflict with statutory or constitutional provisions -- Processing of optional plan after
1906     attorney review.
1907          Section 17-52-207, Election of officers under optional plan.
1908          Section 17-52-301, Procedure for appointing members to study committee.
1909          Section 17-52-302, Convening of first meeting of study committee.
1910          Section 17-52-303, Study committee -- Members -- Powers and duties -- Report --
1911     Services provided by county.
1912          Section 17-52-404, Amendment of optional plan.
1913          Section 17-52-405, Repeal of optional plan.
1914          Section 35. Effective date.
1915          If approved by two-thirds of all the members elected to each house, this bill takes effect
1916     upon approval by the governor, or the day following the constitutional time limit of Utah

1917     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1918     the date of veto override.