This document includes House Committee Amendments incorporated into the bill on Mon, Mar 9, 2020 at 7:15 PM by pflowers.
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7 LONG TITLE
8 General Description:
9 This bill amends county government formation provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ for a county with a population of 500,000 or more, requires the county to operate
13 under the county executive and council form or the council-manager form of
14 government;
15 ▸ for a county with a population of 500,000 or more that does not operate under the
16 county executive and council form or the council-manager form of government:
17 • requires the county legislative body to initiate the process to change county form
18 of government no later than July 1, 2021;
19 • requires the county legislative body to propose two optional plans for forms of
20 government and place the plans on the ballot at the November 3, 2021, regular
21 general election;
22 • prohibits the registered voters from proposing a form of government by petition
23 for a period of time;
24 • if the voters fail to adopt an optional plan proposing a permitted form of
25 government, requires the county to operate under the county executive and
26 council form of government;
27 • prohibits the county legislative body or registered voters from proposing certain
28 optional plans; and
29 • requires an optional plan for a change to the county executive and council form
30 or the council-manager form to specify that at least a majority of members of the
31 council are elected from districts;
32 ▸ prohibits the repeal of an optional plan if the repeal would result in the county
33 reverting to a prohibited form of government;
34 ▸ repeals Title 17, Chapter 35b, Consolidation of Local Government Units, on
35 January 1, 2021; and
36 ▸ makes technical and conforming changes.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 This bill provides revisor instructions.
41 This bill provides a special effective date.
42 Utah Code Sections Affected:
43 AMENDS:
44 17-52a-103, as renumbered and amended by Laws of Utah 2018, Chapter 68
45 17-52a-301, as renumbered and amended by Laws of Utah 2018, Chapter 68
46 17-52a-302, as renumbered and amended by Laws of Utah 2018, Chapter 68
47 17-52a-303, as renumbered and amended by Laws of Utah 2018, Chapter 68
48 17-52a-404, as renumbered and amended by Laws of Utah 2018, Chapter 68
49 17-52a-405, as renumbered and amended by Laws of Utah 2018, Chapter 68
50 17-52a-503, as renumbered and amended by Laws of Utah 2018, Chapter 68
51 17-52a-505, as renumbered and amended by Laws of Utah 2018, Chapter 68
52 63I-2-217, as last amended by Laws of Utah 2019, Chapters 136, 252, 327, 384, 510
53 and last amended by Coordination Clause, Laws of Utah 2019, Chapter 384
54 Utah Code Sections Affected by Revisor Instructions:
55 17-52a-103, as renumbered and amended by Laws of Utah 2018, Chapter 68
56 17-52a-301, as renumbered and amended by Laws of Utah 2018, Chapter 68
57
58 Be it enacted by the Legislature of the state of Utah:
59 Section 1. Section 17-52a-103 is amended to read:
60 17-52a-103. Forms of county government -- Restrictions on form of county
61 government.
62 (1) Subject to Subsection (2), each county shall operate under one of the following
63 forms of county government:
64 (a) the county commission form under Section 17-52a-201;
65 (b) the expanded county commission form under Section 17-52a-202;
66 (c) the county executive and council form under Section 17-52a-203; or
67 (d) the council-manager form under Section 17-52a-204.
68 (2) (a) Unless a county with a population of less than 500,000 adopts another form of
69 government as provided in this chapter, the county shall operate under the county commission
70 form of government under Section 17-52a-201.
71 (b) A county with a population of 500,000 or more shall operate under:
72 (i) the county executive and council form of government described in Section
73 17-52a-203; or
74 (ii) the council-manager form of government described in Section 17-52a-204.
75 (3) (a) In a county described in Subsection (2)(a) that operates under a form of
76 government that is not described in Subsection (2)(a):
77 (i) the county's legislative body shall, before July 1, 2018, initiate the process under
78 Section 17-52a-302 of changing the county's form of government;
79 (ii) the county shall hold a special election described in Section 17-52a-304 on
80 November 6, 2018;
81 (iii) if the voters approve the appointment of a study committee at the special election
82 described in Subsection (3)(a)(ii):
83 (A) the study committee may not recommend under Section 17-52a-403 that the county
84 retain the county's current form of government; and
85 (B) the county shall hold an election described in Section 17-52a-501 before December
86 31, 2020, on an optional plan that the study committee creates; and
87 (iv) the registered voters of the county may not repeal an optional plan under Section
88 17-52a-505 that is adopted at an election described in Subsection (3)(a)(iii)(B).
89 (b) If the voters of a county described in Subsection (3)(a) do not approve a change in
90 the county's form of government at an election described in Subsection (3)(a)(iii)(B) before
91 December 31, 2020:
92 (i) the county shall operate under the county commission form of government under
93 Section 17-52a-201 in the same manner that a county is required under Subsection
94 17-52a-102(2) to operate under that form of government if the county does not adopt another
95 form of government; and
96 (ii) the county shall transition to the form of government described in Subsection
97 (3)(b)(i) in the same manner as if the voters of the county had approved the change in the form
98 of government described in Subsection (3)(b)(i) in the applicable election described in
99 Subsection (3)(b).
100 (4) (a) In a county with a population of 500,000 or more that operates under a form of
101 government that is not described in Subsection (2)(b), the county's legislative body shall,
102 before July 1, 2021:
103 (i) initiate the process under Section 17-52a-302 to change the county's form of
104 government by creating an optional plan and proposing a change to the county executive and
105 council form under Section 17-52a-203 and an additional optional plan proposing a change to
106 the council-manager form under Section 17-52a-204;
107 (ii) adopt a resolution that, at the November 3, 2021, regular general election, places on
108 the ballot before the voters the question of which of the two optional plans proposed under
109 Subsection (4)(a)(i) to adopt; and
110 (iii) ensure the resolution complies with the requirements described in Sections
111 17-52a-404 and 17-52a-405.
112 (b) The registered voters of a county described in Subsection (4)(a):
113 (i) beginning one year after the day on which this bill is effective and ending on
114 January 1, 2024, may not initiate the process of adopting an optional plan under Section
115 17-52a-303;
116 (ii) after January 1, 2024, may initiate the process of adopting an optional plan in
117 accordance with Section 17-52a-303; and
118 (iii) may not repeal an optional plan under Section 17-52a-505 that is adopted at the
119 election described in Subsection (4)(a)(ii).
120 (c) If the voters of a county described in Subsection (4)(a) do not approve a change in
121 the county's form of government at an election described in Subsection (4)(a)(ii):
122 (i) on January 1, 2024, the county shall operate under the county executive and council
123 form of government described in Section 17-52a-203; and
124 (ii) the county shall transition to the form of government described in Subsection
125 (4)(c)(i) in the same manner as if the voters of the county had approved at the election
126 described in Subsection (4)(a)(ii) the change in form of government as proposed in the optional
127 plan described in Subsection (4)(a)(i) proposing a change to the county executive and council
128 form.
129 Section 2. Section 17-52a-301 is amended to read:
130 17-52a-301. Procedure for initiating adoption of optional plan -- Limitations --
131 Pending proceedings -- Exceptions.
132 (1) An optional plan proposing an alternate form of government for a county may be
133 adopted as provided in this chapter.
134 (2) The process to adopt an optional plan establishing an alternate form of county
135 government may be initiated by:
136 (a) the county legislative body as provided in Section 17-52a-302; or
137 (b) registered voters of the county as provided in Section 17-52a-303.
138 (3) (a) If the process to adopt an optional plan is initiated under Laws of Utah 1973,
139 Chapter 26, Section 3, 4, or 5, or Section 17-52a-302 or 17-52a-303, or under a provision
140 described in Subsection 17-52a-104(2), the county legislative body may not initiate the process
141 again under Section 17-52a-302, and registered voters may not initiate the process again under
142 Section 17-52a-303, until:
143 (i) the first initiated process concludes with an election under Section 17-52a-501;
144 (ii) the first initiated process concludes under Subsection 17-52a-403(7) because the
145 study committee recommended that the county's form of government not change;
146 (iii) the first initiated process has not concluded but has been pending for at least two
147 years after the day on which the voters approved the appointment of a study committee in an
148 election described in Section 17-52a-304;
149 (iv) notwithstanding Subsection (3)(a)(iii), if an election on an optional plan under the
150 first initiated process is scheduled under Section 17-52a-501, the conclusion of that election;
151 (v) the first initiated process concludes because registered voters fail to submit a
152 sufficient number of valid signatures for a petition before the deadline described in Subsection
153 17-52a-303(2)(c); or
154 (vi) for a process governed by Section 17-52a-104, the first initiated process concludes:
155 (A) because registered voters fail to submit a sufficient number of valid signatures for a
156 petition before the deadline described in Subsection 17-52a-104(3); or
157 (B) under a provision described in Subsection 17-52a-104(1)(b).
158 (b) A county legislative body may not initiate the process to adopt an optional plan
159 under Section 17-52a-302 within four years of an election at which voters approved or rejected
160 an optional plan proposed as a result of a process initiated by the county legislative body.
161 (c) Registered voters of a county may not initiate the process to adopt an optional plan
162 under Section 17-52a-303 within four years of an election at which voters approved or rejected
163 an optional plan proposed as a result of a process initiated by registered voters.
164 (4) (a) On or after one year after the day on which this bill is effective, if an optional
165 plan proposed in a county with a population of 500,000 or more, initiated by either the county
166 legislative body under Section 17-52a-302 or registered voters under Section 17-52a-303,
167 proposes a form of government other than a form permitted under Section 17-52a-103, the
168 optional plan:
169 (i) may not be submitted to the voters at an election; and
170 (ii) is not considered an initiation of the process to adopt an optional plan for purposes
171 of Subsection (3)(a).
172 (b) Notwithstanding Subsection (3)(a), the county legislative body of a county
173 described in Subsection (4)(a) shall only for the November 3, 2021, regular general election
174 initiate and prepare two optional plans in accordance with Section 17-52a-103 to submit to the
175 voters.
176 Section 3. Section 17-52a-302 is amended to read:
177 17-52a-302. County legislative body initiation of adoption of optional plan --
178 Procedure.
179 (1) A county legislative body may initiate the process of adopting an optional plan by
180 adopting a resolution to submit to the voters the question of:
181 (a) whether a study committee should be established as provided in Section
182 17-52a-401; or
183 (b) in a county with a population of 500,000 or more [
184
185 an optional plan that:
186 (i) the legislative body creates before adopting the resolution described in this
187 Subsection (1); and
188 (ii) complies with the requirements described in Sections 17-52a-404 and 17-52a-405.
189 (2) The county legislative body shall ensure that a resolution adopted under Subsection
190 (1):
191 (a) requires the question described in Subsection (1)(a) to be submitted to the
192 registered voters of the county at the next special election scheduled under Section 20A-1-204
193 after adoption of the resolution under Subsection (1); or
194 (b) requires the question described in Subsection (1)(b) to be submitted to the
195 registered voters of the county at the next election described in Section 17-52a-501.
196 (3) Within 10 days after the day on which the county legislative body adopts a
197 resolution proposing an optional plan under Subsection (1)(b), the legislative body shall send a
198 copy of the optional plan that the legislative body [
199 (a) the county clerk; and
200 (b) the county attorney or, if the county does not have a county attorney, to the district
201 attorney, for review in accordance with Section 17-52a-406.
202 Section 4. Section 17-52a-303 is amended to read:
203 17-52a-303. Registered voter initiation of adoption of optional plan -- Procedure.
204 (1) (a) Registered voters of a county may initiate the process of adopting an optional
205 plan by filing with the county clerk a notice of intent to gather signatures for a petition:
206 (i) for the establishment of a study committee described in Section 17-52a-401; or
207 (ii) in a county with a population of 500,000 or more [
208
209 (A) accompanies the petition described in this Subsection (1)(a)(ii) during the signature
210 gathering process and accompanies the petition in the submission to the county clerk under
211 Subsection (2)(b); and
212 (B) complies with the requirements described in Sections 17-52a-404 and 17-52a-405.
213 (b) A notice of intent described in Subsection (1)(a) shall:
214 (i) designate five sponsors for the petition;
215 (ii) designate a contact sponsor to serve as the primary contact for the petition
216 sponsors;
217 (iii) list the mailing address and telephone number of each of the sponsors; and
218 (iv) be signed by each of the petition sponsors.
219 (c) Registered voters of a county may not file a notice of intent to gather signatures in
220 bad faith.
221 (2) (a) The sponsors of a petition may circulate the petition after filing a notice of
222 intent to gather signatures under Subsection (1).
223 (b) To be considered valid, the petition is required to be signed by registered voters
224 residing in the county equal in number to at least 5% of the total number of votes cast in the
225 county for all candidates for president of the United States at the most recent election at which
226 a president of the United States was elected.
227 (c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit
228 the completed petition and any amended or supplemental petition described in Subsection (4)
229 with the county clerk not more than 180 days after the day on which the sponsors file the notice
230 described in Subsection (1).
231 (3) Within 30 days after the day on which the sponsors submit a petition under
232 Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county
233 clerk shall:
234 (a) determine whether the petition or amended or supplemental petition has been
235 signed by the required number of registered voters;
236 (b) (i) if the petition was signed by a sufficient number of registered voters:
237 (A) certify the petition;
238 (B) deliver the petition to the county legislative body; and
239 (C) notify the contact sponsor in writing of the certification; or
240 (ii) if the petition was not signed by a sufficient number of registered voters:
241 (A) reject the petition; and
242 (B) notify the county legislative body and the contact sponsor in writing of the
243 rejection and the reasons for the rejection; and
244 (c) for a petition described in Subsection (1)(a)(ii), within 10 days after the day on
245 which the county clerk certifies the petition under Subsection (3)(b)(i), the county clerk shall
246 send a copy of the optional plan that accompanied the petition to the county attorney or, if the
247 county does not have a county attorney, to the district attorney, for review in accordance with
248 Section 17-52a-406.
249 (4) The sponsors of a petition circulated under this section may submit supplemental
250 signatures for the petition:
251 (a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and
252 (b) before the earlier of:
253 (i) the deadline described in Subsection (2)(c); or
254 (ii) 20 days after the day on which the county clerk rejects the petition under
255 Subsection (3)(b)(ii).
256 (5) With the unanimous approval of petition sponsors, a petition filed under this
257 section may be withdrawn at any time within 90 days after the day on which the county clerk
258 certifies the petition under Subsection (3)(b)(i) and no later than 45 days before an election
259 under Section 17-52a-501 if:
260 (a) the petition included a notification to petition signers, in conspicuous language and
261 in a conspicuous location, that the petition sponsors are authorized to withdraw the petition;
262 and
263 (b) the petition has at least three sponsors.
264 (6) (a) Notwithstanding Subsection 17-52a-301(3), registered voters of a county may
265 circulate a petition under this section after a county legislative body initiates the process to
266 adopt an optional plan under Subsection 17-52a-302(1)(a) in order to qualify to select a
267 member of an appointment committee that is formed as a result of the process initiated by the
268 county legislative body.
269 (b) Notwithstanding Subsection (2)(c), registered voters who circulate a petition
270 described in Subsection (6)(a) may not submit the completed petition less than 30 days before
271 the day of the election described in Section 17-52a-304.
272 (c) Notwithstanding Subsection (4), registered voters who circulate a petition described
273 in Subsection (6)(a) may not amend or submit supplemental signatures for the petition unless:
274 (i) the county clerk makes the determination described in Subsection (3) before the
275 deadline described in Subsection (6)(b); and
276 (ii) the registered voters submit the amended or supplemented petition before the
277 deadline described in Subsection (6)(b).
278 Section 5. Section 17-52a-404 is amended to read:
279 17-52a-404. Contents of proposed optional plan.
280 (1) The study committee, a county legislative body that adopts a resolution described in
281 Subsection 17-52a-302(1)(b), or the sponsors of a petition described in Subsection
282 17-52a-303(1)(a)(ii) shall ensure that each optional plan the committee, legislative body, or
283 registered voters propose under this chapter, respectively:
284 (a) proposes the adoption of one of the forms of county government listed in
285 Subsection 17-52a-405(1)(a);
286 (b) contains detailed provisions relating to the transition from the existing form of
287 county government to the form proposed in the optional plan, including provisions relating to
288 the:
289 (i) election or appointment of officers specified in the optional plan for the new form of
290 county government;
291 (ii) retention, elimination, or combining of existing offices and, if an office is
292 eliminated, the division or department of county government responsible for performing the
293 duties of the eliminated office;
294 (iii) continuity of existing ordinances and regulations;
295 (iv) continuation of pending legislative, administrative, or judicial proceedings;
296 (v) making of interim and temporary appointments; and
297 (vi) preparation, approval, and adjustment of necessary budget appropriations;
298 (c) specifies the date the optional plan becomes effective if adopted, which may not be
299 earlier than the first day of January next following the election of officers under the new plan;
300 and
301 (d) notwithstanding any other provision of this title and except with respect to an
302 optional plan that proposes the adoption of the county commission or expanded county
303 commission form of government, with respect to the county budget provides that:
304 (i) the county executive's role is to prepare and present a proposed budget to the county
305 legislative body; and
306 (ii) the county legislative body's role is to adopt a final budget.
307 (2) Subject to Subsection (3), an optional plan may include provisions that are
308 considered necessary or advisable to the effective operation of the proposed optional plan.
309 (3) An optional plan may not include any provision that is inconsistent with or
310 prohibited by the Utah Constitution or any statute.
311 (4) The optional plan proponent described in Subsection (1) shall ensure that each
312 optional plan proposing to change the form of government to the county executive-council
313 form under Section 17-52a-203 or the council-manager form under Section 17-52a-204:
314 (a) provides for the same executive and legislative officers as are specified in the
315 applicable section for the form of government that the optional plan proposes;
316 (b) provides for the election of the county council;
317 (c) specifies the number of county council members, which shall be an odd number
318 from three to nine;
319 [
320
321 (d) specifies that Ĥ→ [
321a from
322 districts;
323 (e) specifies county council members' qualifications and terms and whether the terms
324 are to be staggered;
325 (f) contains procedures for filling vacancies on the county council, consistent with the
326 provisions of Section 20A-1-508; and
327 (g) states the initial compensation, if any, of county council members and procedures
328 for prescribing and changing compensation.
329 (5) The optional plan proponent described in Subsection (1) shall ensure that each
330 optional plan proposing to change the form of government to the county commission form
331 under Section 17-52a-201 or the expanded county commission form under Section 17-52a-202
332 specifies:
333 (a) (i) for the county commission form of government, that the county commission
334 shall have three members; or
335 (ii) for the expanded county commission form of government, whether the county
336 commission shall have five or seven members;
337 (b) the terms of office for county commission members and whether the terms are to be
338 staggered;
339 (c) whether members of the county commission are to be elected from districts, at
340 large, or by a combination of at large and from districts;
341 (d) if any members of the county commission are to be elected from districts, the
342 district residency requirements for those commission members; and
343 (e) if any members of the county commission are to be elected at large, whether the
344 election of county commission members is subject to the provisions of Subsection
345 17-52a-201(6) or Subsection 17-52a-202(6).
346 Section 6. Section 17-52a-405 is amended to read:
347 17-52a-405. Plan may propose changing forms of county government -- Partisan
348 elections.
349 (1) (a) The optional plan proponent described in Subsection 17-52a-404(1) shall ensure
350 that each optional plan proposes changing the form of county government to:
351 (i) for a county with a population of 500,000 or more:
352 (A) the county executive and council form under Section 17-52a-203; or
353 (B) the council-manager form under Section 17-52a-204; and
354 (ii) for a county other than a county described in Subsection (1)(a)(i):
355 [
356 [
357 [
358 [
359 (b) The optional plan proponent described in Subsection 17-52a-404(1) may not
360 recommend an optional plan that:
361 (i) proposes changing the form of government to a form not [
362 Subsection (1)(a);
363 (ii) provides for the nonpartisan election of elected officers;
364 (iii) imposes a limit on the number of terms or years that an elected officer may serve;
365 (iv) provides for elected officers to be subject to a recall election; or
366 (v) provides, in a county with a population of 225,000 or more, for a full-time county
367 commission in an expanded county commission form of government under Section
368 17-52a-202.
369 [
370
371
372
373 [
374 a partisan election may not change to a process that provides for the election of the county's
375 elected officers through a nonpartisan election.
376 Section 7. Section 17-52a-503 is amended to read:
377 17-52a-503. Adoption of optional plan -- Election of new county officers -- Effect
378 of adoption.
379 (1) If a proposed optional plan is approved at an election held under Section
380 17-52a-501:
381 (a) the elected county officers specified in the plan shall be elected at the next regular
382 general election following the election under Section 17-52a-501, according to the procedure
383 and schedule established under Title 20A, Election Code, for the election of county officers;
384 (b) the proposed optional plan:
385 (i) becomes effective according to the optional plan's terms;
386 (ii) subject to Subsection 17-52a-404(1)(c), at the time specified in the optional plan, is
387 a public record open to inspection by the public; and
388 (iii) is judicially noticeable by all courts;
389 (c) the county clerk shall, within 10 days of the canvass of the election, file with the
390 lieutenant governor a copy of the optional plan, certified by the clerk to be a true and correct
391 copy;
392 (d) all public officers and employees shall cooperate fully in making the transition
393 between forms of county government; and
394 (e) the county legislative body may enact and enforce necessary ordinances to bring
395 about an orderly transition to the new form of government, including any transfer of power,
396 records, documents, properties, assets, funds, liabilities, or personnel that are consistent with
397 the approved optional plan and necessary or convenient to place it into full effect.
398 (2) Adoption of an optional plan [
399
400
401 functions of any:
402 (a) school district;
403 (b) justice court;
404 (c) local district under Title 17B, Limited Purpose Local Government Entities - Local
405 Districts;
406 (d) special service district under Title 17D, Chapter 1, Special Service District Act;
407 (e) city or town; or
408 (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
409 Cooperation Act.
410 (3) After the adoption of an optional plan, the county remains vested with all powers
411 and duties vested generally in counties by statute.
412 Section 8. Section 17-52a-505 is amended to read:
413 17-52a-505. Repeal of optional plan.
414 (1) An optional plan that the voters in an election adopt under this chapter may be
415 repealed as provided in this section unless repeal of the optional plan would result in the county
416 reverting to a form of government that is prohibited under this chapter.
417 (2) Registered voters of a county that has adopted an optional plan may initiate the
418 process of repealing an optional plan by filing a petition for the repeal of the optional plan.
419 (3) (a) Registered voters of a county may not file a petition to repeal an optional plan
420 sooner than four years or more than five years after the election of county officers under
421 Section 17-52a-503.
422 (b) (i) If the registered voters file a petition to repeal an optional plan under this
423 section, the petition is certified, and the optional plan is not repealed at an election described in
424 Subsection (8), the voters may not circulate or file a subsequent petition to repeal until at least
425 four, and not more than five, years after the certification of the original petition.
426 (ii) If, after four years, the voters file a subsequent petition under Subsection (3)(b)(i),
427 the voters:
428 (A) may not circulate or file another petition to repeal until at least four, and not more
429 than five, years after certification of the subsequent petition; and
430 (B) shall wait an additional four, and not more than five, years after the date of
431 certification of the previous petition for each petition filed thereafter.
432 (4) A petition described in Subsection (2) shall:
433 (a) be signed by registered voters residing in the county:
434 (i) equal in number to at least 15% of the total number of votes cast in each precinct
435 described in Subsection (4)(a)(ii) for all candidates for president of the United States at the
436 most recent election in which a president of the United States was elected; and
437 (ii) who represent at least 85% of the voting precincts located within the county;
438 (b) designate up to five of the petition signers as sponsors, designating one petition
439 signer as the contact sponsor, with the mailing address and telephone number of each; and
440 (c) be filed in the office of the clerk of the county in which the petition signers reside.
441 (5) Within 30 days after the filing of a petition under Subsection (2) or an amended
442 petition under Subsection (6), the county clerk shall:
443 (a) determine whether the required number of voters have signed the petition or
444 amended petition has been signed by the required number of registered voters; and
445 (b) (i) if a sufficient number of voters have signed the petition, certify the petition or
446 amended petition and deliver it to the county legislative body, and notify in writing the contact
447 sponsor of the certification; or
448 (ii) if a sufficient number of voters have not signed the petition, reject the petition or
449 the amended petition and notify the county legislative body and the contact sponsor in writing
450 of the rejection and the reasons for the rejection.
451 (6) If a county clerk rejects a petition or an amended petition under Subsection
452 (5)(b)(ii), the petition may be amended or an amended petition may be further amended with
453 additional signatures and refiled within 20 days of the date of rejection.
454 (7) If a county clerk certifies a petition under Subsection (2), the county legislative
455 body shall hold an election on the proposal to repeal the optional plan at the next regular
456 general election that is at least 60 days after the day on which the county clerk certifies the
457 petition.
458 (8) If, at an election held under Subsection (7), a majority of voters voting on the
459 proposal to repeal the optional plan vote in favor of repealing:
460 (a) the optional plan is repealed, effective January 1 of the year following the election
461 of county officers under Subsection (8)(c);
462 (b) upon the effective date of the repeal under Subsection (8)(a), the form of
463 government under which the county operates reverts to the form it had before the optional plan
464 was adopted; and
465 (c) the county officers under the form of government to which the county reverts, who
466 are different than the county officers under the repealed optional plan, shall be elected at the
467 next regular general election following the election under Subsection (7).
468 Section 9. Section 63I-2-217 is amended to read:
469 63I-2-217. Repeal dates -- Title 17.
470 (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.
471 (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
472 Council, is repealed January 1, 2021.
473 (3) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
474 planning district" is repealed June 1, 2021.
475 (4) (a) Subsection 17-27a-103(18)(b), regarding a mountainous planning district, is
476 repealed June 1, 2021.
477 (b) Subsection 17-27a-103(42), regarding a mountainous planning district, is repealed
478 June 1, 2021.
479 (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
480 district area" is repealed June 1, 2021.
481 (6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
482 repealed June 1, 2021.
483 (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
484 June 1, 2021.
485 (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
486 (1)(a) or (c)" is repealed June 1, 2021.
487 (7) Section 17-27a-302, the language that states ", or mountainous planning district"
488 and "or the mountainous planning district," is repealed June 1, 2021.
489 (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
490 district or" and ", as applicable" is repealed June 1, 2021.
491 (9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
492 repealed June 1, 2021.
493 (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
494 June 1, 2021.
495 (10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
496 repealed June 1, 2021.
497 (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
498 repealed June 1, 2021.
499 (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
500 planning district" is repealed June 1, 2021.
501 (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
502 district" is repealed June 1, 2021.
503 (11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
504 repealed June 1, 2021.
505 (12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
506 repealed June 1, 2021.
507 (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
508 mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
509 (14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
510 repealed June 1, 2021.
511 (15) Subsection 17-27a-605(1), the language that states "or mountainous planning
512 district land" is repealed June 1, 2021.
513 (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
514 2021.
515 (17) On June 1, 2021, when making the changes in this section, the Office of
516 Legislative Research and General Counsel shall:
517 (a) in addition to its authority under Subsection 36-12-12(3):
518 (i) make corrections necessary to ensure that sections and subsections identified in this
519 section are complete sentences and accurately reflect the office's understanding of the
520 Legislature's intent; and
521 (ii) make necessary changes to subsection numbering and cross references; and
522 (b) identify the text of the affected sections and subsections based upon the section and
523 subsection numbers used in Laws of Utah 2017, Chapter 448.
524 (18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
525 in a designated recreation area, is repealed June 1, 2021.
526 (19) Title 17, Chapter 35b, Consolidation of Local Government Units is repealed
527 January 1, 2021.
528 [
529 (a) Section 17-52a-104 is repealed;
530 (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
531 described in Subsection 17-52a-104(2)," is repealed;
532 (c) Subsection 17-52a-301(3)(a)(vi) is repealed;
533 (d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
534 pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
535 in effect on March 14, 2018," is repealed; and
536 (e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
537 pending process described in Section 17-52a-104, the attorney's report that is described in
538 Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
539 statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
540 2018," is repealed.
541 [
542 Section 10. Revisor instructions.
543 The Legislature intends that the Office of Legislative Research and General Counsel, in
544 preparing the Utah Code database for publication, replace the language "one year after the day
545 on which this bill is effective" with the date that is one year after the day on which the bill is
546 effective, in the following sections:
547 (1) Subsection 17-52a-103(4)(b)(i); and
548 (2) Subsection 17-52a-301(4)(a).
549 Section 11. Effective date.
550 If approved by two-thirds of all the members elected to each house, this bill takes effect
551 upon approval by the governor, or the day following the constitutional time limit of Utah
552 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
553 the date of veto override.