This document includes House Committee Amendments incorporated into the bill on Wed, Mar 6, 2019 at 9:38 AM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to forms of county government.
10 Highlighted Provisions:
11 This bill:
12 ▸ limits the available options for a county of the fifth or sixth class that initiates a
13 change in the county's form of government;
14 ▸ amends a provision regarding the effect of a repeal of an optional plan in certain
15 circumstances;
16 ▸ repeals outdated provisions regarding structural forms of county government; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 17-52a-405, as renumbered and amended by Laws of Utah 2018, Chapter 68
25 17-52a-503, as renumbered and amended by Laws of Utah 2018, Chapter 68
26 17-52a-505, as renumbered and amended by Laws of Utah 2018, Chapter 68
27 REPEALS:
28 17-35b-301, as last amended by Laws of Utah 2000, Chapter 133
29 17-35b-302, as last amended by Laws of Utah 2007, Chapter 329
30 17-35b-303, as last amended by Laws of Utah 2011, Chapter 297
31 17-35b-304, as last amended by Laws of Utah 2011, Chapter 297
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 17-52a-405 is amended to read:
35 17-52a-405. Plan may propose changing forms of county government -- Partisan
36 elections.
37 (1) (a) The optional plan proponent described in Subsection 17-52a-404(1) shall ensure
38 that each optional plan proposes changing the form of county government to:
39 (i) for a county of any class Ĥ→ [
40 [
41 [
42 (ii) for a county of the first, second, third, or fourth class, or for Ĥ→ an optional plan
42a in ←Ĥ a county of the fifth or
43 sixth class that initiated Ĥ→ [
43a optional plan describes ←Ĥ before May 14, 2019:
43b Ĥ→ (A) the expanded county commission form under Section 17-52a-202; ←Ĥ
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44a or
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46 (b) The optional plan proponent described in Subsection 17-52a-404(1) may not
47 recommend an optional plan that:
48 (i) proposes changing the form of government to a form not included in Subsection
49 (1)(a);
50 (ii) provides for the nonpartisan election of elected officers;
51 (iii) imposes a limit on the number of terms or years that an elected officer may serve;
52 (iv) provides for elected officers to be subject to a recall election; or
53 (v) provides, in a county with a population of 225,000 or more, for a full-time county
54 commission in an expanded county commission form of government under Section
55 17-52a-202.
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61 a partisan election may not change to a process that provides for the election of the county's
62 elected officers through a nonpartisan election.
63 Section 2. Section 17-52a-503 is amended to read:
64 17-52a-503. Adoption of optional plan -- Election of new county officers -- Effect
65 of adoption.
66 (1) If a proposed optional plan is approved at an election held under Section
67 17-52a-501:
68 (a) the elected county officers specified in the plan shall be elected at the next regular
69 general election following the election under Section 17-52a-501, according to the procedure
70 and schedule established under Title 20A, Election Code, for the election of county officers;
71 (b) the proposed optional plan:
72 (i) becomes effective according to the optional plan's terms;
73 (ii) subject to Subsection 17-52a-404(1)(c), at the time specified in the optional plan, is
74 a public record open to inspection by the public; and
75 (iii) is judicially noticeable by all courts;
76 (c) the county clerk shall, within 10 days of the canvass of the election, file with the
77 lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct
78 copy;
79 (d) all public officers and employees shall cooperate fully in making the transition
80 between forms of county government; and
81 (e) the county legislative body may enact and enforce necessary ordinances to bring
82 about an orderly transition to the new form of government, including any transfer of power,
83 records, documents, properties, assets, funds, liabilities, or personnel that are consistent with
84 the approved optional plan and necessary or convenient to place it into full effect.
85 (2) Adoption of an optional plan changing [
86 [
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88 functions of any:
89 (a) school district;
90 (b) justice court;
91 (c) local district under Title 17B, Limited Purpose Local Government Entities - Local
92 Districts;
93 (d) special service district under Title 17D, Chapter 1, Special Service District Act;
94 (e) city or town; or
95 (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
96 Cooperation Act.
97 (3) After the adoption of an optional plan, the county remains vested with all powers
98 and duties vested generally in counties by statute.
99 Section 3. Section 17-52a-505 is amended to read:
100 17-52a-505. Repeal of optional plan.
101 (1) An optional plan that the voters in an election adopt under this chapter may be
102 repealed as provided in this section.
103 (2) Registered voters of a county that has adopted an optional plan may initiate the
104 process of repealing an optional plan by filing a petition for the repeal of the optional plan.
105 (3) (a) Registered voters of a county may not file a petition to repeal an optional plan
106 sooner than four years or more than five years after the election of county officers under
107 Section 17-52a-503.
108 (b) (i) If the registered voters file a petition to repeal an optional plan under this
109 section, the petition is certified, and the optional plan is not repealed at an election described in
110 Subsection (8), the voters may not circulate or file a subsequent petition to repeal until at least
111 four, and not more than five, years after the certification of the original petition.
112 (ii) If, after four years, the voters file a subsequent petition under Subsection (3)(b)(i),
113 the voters:
114 (A) may not circulate or file another petition to repeal until at least four, and not more
115 than five, years after certification of the subsequent petition; and
116 (B) shall wait an additional four, and not more than five, years after the date of
117 certification of the previous petition for each petition filed thereafter.
118 (4) A petition described in Subsection (2) shall:
119 (a) be signed by registered voters residing in the county:
120 (i) equal in number to at least 15% of the total number of votes cast in each precinct
121 described in Subsection (4)(a)(ii) for all candidates for president of the United States at the
122 most recent election in which a president of the United States was elected; and
123 (ii) who represent at least 85% of the voting precincts located within the county;
124 (b) designate up to five of the petition signers as sponsors, designating one petition
125 signer as the contact sponsor, with the mailing address and telephone number of each; and
126 (c) be filed in the office of the clerk of the county in which the petition signers reside.
127 (5) Within 30 days after the filing of a petition under Subsection (2) or an amended
128 petition under Subsection (6), the county clerk shall:
129 (a) determine whether the required number of voters have signed the petition or
130 amended petition has been signed by the required number of registered voters; and
131 (b) (i) if a sufficient number of voters have signed the petition, certify the petition or
132 amended petition and deliver it to the county legislative body, and notify in writing the contact
133 sponsor of the certification; or
134 (ii) if a sufficient number of voters have not signed the petition, reject the petition or
135 the amended petition and notify the county legislative body and the contact sponsor in writing
136 of the rejection and the reasons for the rejection.
137 (6) If a county clerk rejects a petition or an amended petition under Subsection
138 (5)(b)(ii), the petition may be amended or an amended petition may be further amended with
139 additional signatures and refiled within 20 days of the date of rejection.
140 (7) If a county clerk certifies a petition under Subsection (2), the county legislative
141 body shall hold an election on the proposal to repeal the optional plan at the next regular
142 general election that is at least 60 days after the day on which the county clerk certifies the
143 petition.
144 (8) If, at an election held under Subsection (7), a majority of voters voting on the
145 proposal to repeal the optional plan vote in favor of repealing:
146 (a) the optional plan is repealed, effective January 1 of the year following the election
147 of county officers under Subsection (8)(c);
148 (b) except as provided in Subsection (9), upon the effective date of the repeal under
149 Subsection (8)(a), the form of government under which the county operates reverts to the form
150 it had before the optional plan was adopted; and
151 (c) the county officers under the form of government to which the county reverts, who
152 are different than the county officers under the repealed optional plan, shall be elected at the
153 next regular general election following the election under Subsection (7).
154 (9) If, as a result of a reversion described in Subsection (8)(b), a county of the fifth or
155 sixth class would revert to Ĥ→ [
155a government Ĥ→ [
156 Section 17-52a-203 or the council-manager form of county government under Section
157 17-52a-202
157a 17-52a-201 ←Ĥ , the county shall instead operate under the county commission form of county
158 government Ĥ→ [
159 Section 4. Repealer.
160 This bill repeals:
161 Section 17-35b-301,"General county (modified)" structural form of county
162 government.
163 Section 17-35b-302, Urban county structural form of county government.
164 Section 17-35b-303, Community council form of county government.
165 Section 17-35b-304, Consolidated city and county -- Structural form.