1     
AMENDMENTS TO COUNTY FORM OF GOVERNMENT

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: Ronald Winterton

6     

7     LONG TITLE
8     Committee Note:
9          The Political Subdivisions Interim Committee recommended this bill.
10               Legislative Vote:     12 voting for     0 voting against     4 absent
11     General Description:
12          This bill amends provisions related to changing a county form of government.
13     Highlighted Provisions:
14          This bill:
15          ▸     amends definitions;
16          ▸     provides a grandfather provision for counties that have initiated the process to
17     change the county's form of government as of the effective date of this bill;
18          ▸     authorizes, without an election, the establishment of a committee to study changing
19     the county form of government after a successful petition or motion of a county
20     legislative body;
21          ▸     after a completed process to change the county form of government, prohibits the
22     county legislative body or registered voters from initiating the process again until
23     four years after the new county officers are elected;
24          ▸     removes certain procedural restrictions based on county population size;
25          ▸     amends the signature thresholds for a citizen petition to establish a study committee
26     or propose an optional plan for adoption and prohibits the use of electronic
27     signatures;
28          ▸     requires petition sponsors to file financial disclosures;
29          ▸     amends study committee membership and qualifications;
30          ▸     limits the time frame allowed for a study committee to alter its proposed optional
31     plan;
32          ▸     authorizes a county legislative body to amend an optional plan proposed by a study
33     committee within a certain time frame;
34          ▸     prohibits a proposed optional plan from including certain provisions, including
35     language specifying districts of county officials or compensation;
36          ▸     limits the citizens or the county legislative body of a county of the fifth or sixth
37     class to proposing either the county commission or expanded county commission
38     form of government;
39          ▸     requires the county to hold an election on a proposed optional plan at the next
40     regular general election that is no sooner than 65 days after the county attorney
41     submits a report on the proposed optional plan;
42          ▸     requires the county clerk to prepare a voter information pamphlet on a proposed
43     optional plan;
44          ▸     after an election in which an optional plan is adopted, requires the county legislative
45     body to adopt geographic district boundaries, compensation, and benefits for new
46     county officers;
47          ▸     repeals Title 17, Chapter 35b, Consolidation of Local Government Units and other
48     provisions; and
49          ▸     makes technical and conforming changes.
50     Money Appropriated in this Bill:
51          None
52     Other Special Clauses:
53          This bill provides a special effective date.
54          This bill provides revisor instructions.
55     Utah Code Sections Affected:
56     AMENDS:
57          17-52a-102, as renumbered and amended by Laws of Utah 2018, Chapter 68
58          17-52a-103, as renumbered and amended by Laws of Utah 2018, Chapter 68
59          17-52a-104, as enacted by Laws of Utah 2018, Chapter 68
60          17-52a-301, as renumbered and amended by Laws of Utah 2018, Chapter 68
61          17-52a-302, as renumbered and amended by Laws of Utah 2018, Chapter 68
62          17-52a-303, as renumbered and amended by Laws of Utah 2018, Chapter 68
63          17-52a-305, as enacted by Laws of Utah 2018, Chapter 68
64          17-52a-402, as renumbered and amended by Laws of Utah 2018, Chapter 68
65          17-52a-403, as last amended by Laws of Utah 2019, Chapter 136
66          17-52a-404, as renumbered and amended by Laws of Utah 2018, Chapter 68
67          17-52a-405, as renumbered and amended by Laws of Utah 2018, Chapter 68
68          17-52a-406, as last amended by Laws of Utah 2019, Chapter 136
69          17-52a-501, as renumbered and amended by Laws of Utah 2018, Chapter 68
70          17-52a-502, as renumbered and amended by Laws of Utah 2018, Chapter 68
71          17-52a-503, as renumbered and amended by Laws of Utah 2018, Chapter 68
72          20A-1-203, as last amended by Laws of Utah 2019, Chapter 165
73          63I-2-217, as last amended by Laws of Utah 2019, Chapters 136, 252, 327, 384, 510
74     and last amended by Coordination Clause, Laws of Utah 2019, Chapter 384
75     REPEALS:
76          17-52a-304, as renumbered and amended by Laws of Utah 2018, Chapter 68
77          17-52a-401, as renumbered and amended by Laws of Utah 2018, Chapter 68
78     Utah Code Sections Affected by Revisor Instructions:
79          17-52a-103, as renumbered and amended by Laws of Utah 2018, Chapter 68
80          17-52a-104, as enacted by Laws of Utah 2018, Chapter 68
81     

82     Be it enacted by the Legislature of the state of Utah:
83          Section 1. Section 17-52a-102 is amended to read:
84          17-52a-102. Definitions.
85          As used in this chapter:
86          [(1) "Appointment council" means a commission-initiated appointment council or a
87     petition-initiated appointment council.]
88          [(2) "Commission-initiated appointment council" means, for a process to change a
89     county's form of government that is initiated by the county legislative body under Section
90     17-52a-302, a group of five individuals consisting of:]
91          [(a) a resident of the county in which the optional plan is proposed, designated by a
92     majority of all state senators and representatives whose districts include any part of the county
93     in which the optional plan is proposed;]
94          [(b) a resident of the county in which the optional plan is proposed, designated by the
95     county legislative body; and]
96          [(c) (i) if registered voters qualify to select a member of an appointment council under
97     Subsection 17-52a-303(6):]
98          [(A) a resident of the county in which the optional plan is proposed, designated by the
99     petition sponsors; and]
100          [(B) two other residents of the county in which the optional plan is proposed,
101     designated by majority vote of the three other members of the appointment council; or]
102          [(ii) if registered voters do not qualify to select a member of an appointment council
103     under Subsection 17-52a-303(6), three other residents of the county in which the optional plan
104     is proposed, designated individually by:]
105          [(A) a unanimous vote of the commission-initiated appointment council members
106     described in Subsections (2)(a) and (b); or]
107          [(B) if the commission-initiated appointment council members described in
108     Subsections (2)(a) and (b) cannot reach a unanimous vote to fill an appointment council
109     member position, the legislators described in Subsection (2)(a), who shall, by a majority vote,
110     designate an individual to fill the appointment council member position.]
111          [(3)] (1) "Optional plan" means a plan establishing an alternate form of government for
112     a county as provided in Section 17-52a-404.
113          [(4) "Petition-initiated appointment council" means, for a process to change a county's
114     form of government that registered voters initiate under Section 17-52a-303, the five sponsors
115     described in Subsection 17-52a-303(1)(b)(i).]
116          [(5)] (2) "Study committee" means the committee that [has seven members:] has five
117     members appointed and charged with the duties as provided in Section 17-52a-403.
118          [(a) appointed under Section 17-52a-401; and]
119          [(b) charged with the duties provided in Section 17-52a-403.]
120          Section 2. Section 17-52a-103 is amended to read:
121          17-52a-103. Forms of county government -- County commission form required
122     unless another is adopted -- Restrictions on form of county government.
123          (1) Subject to Subsection (2), each county shall operate under one of the following
124     forms of county government:
125          (a) the county commission form under Section 17-52a-201;
126          (b) the expanded county commission form under Section 17-52a-202;
127          (c) the county executive and council form under Section 17-52a-203; or
128          (d) the council-manager form under Section 17-52a-204.
129          (2) Unless a county adopts another form of government as provided in this chapter, the
130     county shall operate under the county commission form of government under Section
131     17-52a-201.
132          (3) (a) In a county that operates under a form of government that is not described in
133     Subsection (2):
134          (i) the county's legislative body shall, before July 1, 2018, initiate the process under
135     Section 17-52a-302 of changing the county's form of government;
136          (ii) the county shall hold a special election [described in Section 17-52a-304] on
137     November 6, 2018;
138          (iii) if the voters approve the appointment of a study committee at the special election
139     described in Subsection (3)(a)(ii):
140          (A) the study committee may not recommend under Section 17-52a-403 that the county
141     retain the county's current form of government; and
142          (B) the county shall hold an election described in Section 17-52a-501 before December
143     31, 2020, on an optional plan that the study committee creates; and
144          (iv) the registered voters of the county may not repeal an optional plan under Section
145     17-52a-505 that is adopted at an election described in Subsection (3)(a)(iii)(B).
146          (b) If the voters of a county described in Subsection (3)(a) do not approve a change in
147     the county's form of government at an election described in Subsection (3)(a)(iii)(B) before
148     December 31, 2020:
149          (i) the county shall operate under the county commission form of government under
150     Section 17-52a-201 [in the same manner that a county is required under Subsection
151     17-52a-102(2) to operate under that form of government if the county does not adopt another
152     form of government]; and
153          (ii) the county shall transition to the form of government described in Subsection
154     (3)(b)(i) in the same manner as if the voters of the county had approved the change in the form
155     of government described in Subsection (3)(b)(i) in the applicable election described in
156     Subsection (3)(b).
157          (4) In a county of the fifth or sixth class, if the county legislative body under Section
158     17-52a-302 or the registered voters under Section 17-52a-303, after the effective date of this
159     bill, initiate the process to adopt an optional plan, the proposed optional plan may only propose
160     a form of government authorized under Section 17-52a-405.
161          Section 3. Section 17-52a-104 is amended to read:
162          17-52a-104. Applicability of former provisions to pending process.
163          (1) (a) If, on March 15, 2018, a county is under a pending process described in
164     Subsection [(2)] (1)(b) to change the county's form of government:
165          [(a)] (i) except as provided in this section, the provisions of Laws of Utah 2018,
166     Chapter 68 do not apply to that pending process; and
167          [(b)] (ii) that pending process is governed by:
168          [(i)] (A) the provisions of law that were in effect on March 14, 2018;
169          [(ii)] (B) Subsection 17-52a-301(3) as it was in effect on the day immediately before
170     the day on which this bill takes effect;
171          [(iii)] (C) Subsections 17-52a-501(1)(a) and (3)(a) as each was in effect on the day
172     immediately before the day on which this bill takes effect; and
173          [(iv)] (D) Subsection [(3)] (1)(c) as it was in effect on the day immediately before the
174     day on which this bill takes effect.
175          [(2)] (b) A process of changing a county's form of government is pending under
176     Subsection (1)(a) if, as of March 15, 2018:
177          [(a)] (i) (A) the county legislative body had adopted a resolution in accordance with the
178     provisions of law that were in effect on March 14, 2018 to change the county's form of
179     government; or
180          [(ii)] (B) registered voters had begun collecting signatures in accordance with the
181     provisions of law that were in effect on March 14, 2018 for a petition to change the county's
182     form of government; and
183          [(b)] (ii) the process of changing the county's form of government initiated under
184     Subsection [(2)(a)] (1)(b)(i) has not concluded.
185          [(3) (a)] (c) (i) To continue a pending process described in Subsection [(2)(a)(ii)]
186     (1)(b)(i)(B), registered voters that initiated the process shall submit a sufficient number of valid
187     signatures to the county clerk within 180 days after March 15, 2018.
188          [(b)] (ii) If the registered voters fail to comply with Subsection [(3)(a)] (1)(c)(i), the
189     pending process is concluded under Subsection 17-52a-301(3)(a)[(vi)](v)(A).
190          (2) (a) If, on the effective date of this bill, a county is under a pending process
191     described in Subsection (2)(b) to change the county's form of government:
192          (i) except as provided in this Subsection (2), the provisions of this bill do not apply to
193     that pending process; and
194          (ii) that pending process is governed by:
195          (A) the provisions of law that were in effect on the day immediately before the day on
196     which this bill takes effect; and
197          (B) Subsection (2)(c).
198          (b) A process of changing a county's form of government is pending under Subsection
199     (1) if, on the effective date of this bill:
200          (i) (A) the county legislative body had adopted a resolution in accordance with the
201     provisions of law that were in effect on the day immediately before the day on which this bill
202     takes effect to change the county's form of government; or
203          (B) registered voters had begun collecting signatures in accordance with the provisions
204     of law that were in effect on the day immediately before the day on which this bill takes effect
205     for a petition to change the county's form of government; and
206          (ii) the process of changing the county's form of government initiated under Subsection
207     (2)(b)(i) has not concluded.
208          (c) (i) To continue a pending process described in Subsection (2)(b)(i)(B), registered
209     voters that initiated the process shall submit a sufficient number of valid signatures to the
210     county clerk within 180 days after the effective date of this bill.
211          (ii) If the registered voters fail to comply with Subsection (2)(c)(i), the pending process
212     is concluded under Subsection 17-52a-301(3)(a)(v)(A).
213          Section 4. Section 17-52a-301 is amended to read:
214          17-52a-301. Procedure for initiating adoption of optional plan -- Limitations --
215     Pending proceedings.
216          (1) An optional plan proposing an alternate form of government for a county may be
217     adopted as provided in this chapter.
218          (2) The process to adopt an optional plan establishing an alternate form of county
219     government may be initiated by:
220          (a) the county legislative body as provided in Section 17-52a-302; or
221          (b) registered voters of the county as provided in Section 17-52a-303.
222          (3) (a) If the process to adopt an optional plan is initiated under Laws of Utah 1973,
223     Chapter 26, Section 3, 4, or 5, or Section 17-52a-302 or 17-52a-303, or under a provision
224     described in Subsection 17-52a-104[(2)] (1)(b) or (2)(b), the county legislative body may not
225     initiate the process again under Section 17-52a-302, and registered voters may not initiate the
226     process again under Section 17-52a-303, until:
227          (i) the first initiated process concludes with an election under Section 17-52a-501;
228          (ii) the first initiated process concludes under Subsection 17-52a-403(7) because the
229     study committee recommended that the county's form of government not change;
230          [(iii) the first initiated process has not concluded but has been pending for at least two
231     years after the day on which the voters approved the appointment of a study committee in an
232     election described in Section 17-52a-304;]
233          [(iv) notwithstanding Subsection (3)(a)(iii), if an election on an optional plan under the
234     first initiated process is scheduled under Section 17-52a-501, the conclusion of that election;]
235          [(v)] (iii) the first initiated process concludes because registered voters fail to submit a
236     sufficient number of valid signatures for a petition before the deadline described in Subsection
237     17-52a-303(2)(c); or
238          [(vi)] (iv) for a process governed by Section 17-52a-104, the first initiated process
239     concludes:
240          (A) because registered voters fail to submit a sufficient number of valid signatures for a
241     petition before the deadline described in Subsection 17-52a-104[(3)](1)(c)(i) or (2)(c)(i); or
242          (B) under a provision described in Subsection 17-52a-104(1)[(b)](a)(ii) or (2)(a)(ii).
243          (b) A county legislative body may not initiate the process to adopt an optional plan
244     under Section 17-52a-302 within four years of an election at which voters [approved or
245     rejected] first elect elected county officials in accordance with Section 17-52a-503 and as
246     specified in an optional plan proposed as a result of a process initiated by the county legislative
247     body.
248          (c) Registered voters of a county may not initiate the process to adopt an optional plan
249     under Section 17-52a-303 within four years of an election at which voters [approved or
250     rejected] first elect elected county officials in accordance with Section 17-52a-503 and as
251     specified in an optional plan proposed as a result of a process initiated by registered voters.
252          Section 5. Section 17-52a-302 is amended to read:
253          17-52a-302. County legislative body initiation of adoption of optional plan --
254     Procedure.
255          [(1) A county legislative body may initiate the process of adopting an optional plan by
256     adopting a resolution to submit to the voters the question of:]
257          [(a) whether a study committee should be established as provided in Section
258     17-52a-401; or]
259          [(b) in a county with a population of 500,000 or more that operates under the county
260     commission form of government under Section 17-52a-201, whether the county should adopt
261     an optional plan that:]
262          [(i) the legislative body creates before adopting the resolution described in this
263     Subsection (1); and]
264          [(ii) complies with the requirements described in Sections 17-52a-404 and
265     17-52a-405.]
266          [(2) The county legislative body shall ensure that a resolution adopted under
267     Subsection (1):]
268          [(a) requires the question described in Subsection (1)(a) to be submitted to the
269     registered voters of the county at the next special election scheduled under Section 20A-1-204
270     after adoption of the resolution under Subsection (1); or]
271          [(b) requires the question described in Subsection (1)(b) to be submitted to the
272     registered voters of the county at the next election described in Section 17-52a-501.]
273          [(3) Within 10 days after the day on which the county legislative body adopts a
274     resolution proposing an optional plan under Subsection (1)(b),]
275          (1) (a) A county legislative body may only initiate the process of adopting an optional
276     plan by:
277          (i) approving a motion to establish a study committee to study changing the form of
278     government; and
279          (ii) adopting a resolution to submit to the voters the question of whether the county
280     should adopt an optional plan proposed by the study committee described in Subsection
281     (1)(a)(i), including any amendments to the proposed optional plan by the county legislative
282     body in accordance with Section 17-52a-403.
283          (b) The county legislative body may not submit to the voters an optional plan unless
284     the optional plan complies with the requirements of Sections 17-52a-404 and 17-52a-405.
285          (2) (a) No later than 10 days after the day on which the county legislative body
286     approves a motion as described in Subsection (1)(a)(i), the county legislative body shall notify
287     the county executive of the county legislative body's approval to establish a study committee.
288          (b) No later than 10 days after the day on which the county legislative body adopts a
289     resolution as described in Subsection (1)(a)(ii), the legislative body shall send a copy of the
290     optional plan that the legislative body recommends to:
291          [(a)] (i) the county clerk; and
292          [(b)] (ii) the county attorney [or, if the county does not have a county attorney, to the
293     district attorney,] for review in accordance with Section 17-52a-406.
294          Section 6. Section 17-52a-303 is amended to read:
295          17-52a-303. Registered voter initiation of adoption of optional plan -- Procedure.
296          (1) (a) Registered voters of a county may initiate the process of adopting an optional
297     plan by filing with the county clerk a notice of intent to gather signatures for a petition:
298          (i) for the establishment of a study committee described in Section [17-52a-401]
299     17-52a-403; or
300          (ii) [in a county with a population of 500,000 or more that operates under the county
301     commission form of government under Section 17-52a-201,] to adopt an optional plan that:
302          (A) accompanies the petition [described in this Subsection (1)(a)(ii)] during the
303     signature gathering process and accompanies the petition in the submission to the county clerk
304     under Subsection (2)(b); and
305          (B) complies with the requirements described in Sections 17-52a-404 and 17-52a-405.
306          (b) A notice of intent described in Subsection (1)(a) shall:
307          (i) designate five sponsors for the petition;
308          (ii) designate a contact sponsor to serve as the primary contact for the petition
309     sponsors;
310          (iii) list the mailing address and telephone number of each of the sponsors; and
311          (iv) be signed by each of the petition sponsors.
312          (c) Registered voters of a county may not file a notice of intent to gather signatures in
313     bad faith.
314          (2) (a) The sponsors of a petition may circulate the petition after filing a notice of
315     intent to gather signatures under Subsection (1).
316          (b) (i) [To be considered valid, the petition is required to be signed by registered voters
317     residing in the county equal in number to at least 5% of the total number of votes cast in the
318     county for all candidates for president of the United States at the most recent election at which
319     a president of the United States was elected] The petition is valid if the petition contains the
320     number of legal signatures required under Subsection 20A-7-501(2).
321          (ii) The county clerk may not count a signature that was collected for the petition
322     before the petition sponsors filed a notice of intent under Subsection (1)(a).
323          (iii) Notwithstanding any other provision of law, an individual may not sign a petition
324     circulated under this section by electronic signature as defined in Section 20A-1-202.
325          (c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit
326     the completed petition and any amended or supplemental petition described in Subsection (4)
327     with the county clerk not more than 180 days after the day on which the sponsors file the notice
328     described in Subsection (1).
329          (d) (i) Within 30 days after the day on which the sponsors submit a petition, the
330     sponsors shall submit financial disclosures to the county clerk that include:
331          (A) a list of each contribution received by the sponsors and the name of the donor; and
332          (B) a list of each expenditure for purposes of furthering or sponsoring the petition and
333     the recipient of each expenditure.
334          (ii) The county clerk shall publish the financial disclosures described in Subsection
335     (2)(d)(i).
336          (iii) All sponsors of a petition shall date and sign each list described in Subsection
337     (2)(d)(i).
338          (3) Within 30 days after the day on which the sponsors submit a petition under
339     Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county
340     clerk shall:
341          (a) determine whether the petition or amended or supplemental petition has been
342     signed by the required number of registered voters;
343          (b) (i) if the petition was signed by a sufficient number of registered voters:
344          (A) certify the petition;
345          (B) deliver the petition to the county legislative body and county executive; and
346          (C) notify the contact sponsor in writing of the certification; or
347          (ii) if the petition was not signed by a sufficient number of registered voters:
348          (A) reject the petition; and
349          (B) notify the county legislative body and the contact sponsor in writing of the
350     rejection and the reasons for the rejection; and
351          (c) for a petition described in Subsection (1)(a)(ii), [within] no later than 10 days after
352     the day on which the county clerk certifies the petition under Subsection (3)(b)(i), the county
353     clerk shall send a copy of the optional plan that accompanied the petition to the county attorney
354     [or, if the county does not have a county attorney, to the district attorney,] for review in
355     accordance with Section 17-52a-406.
356          (4) The sponsors of a petition circulated under this section may submit supplemental
357     signatures for the petition:
358          (a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and
359          (b) before the earlier of:
360          (i) the deadline described in Subsection (2)(c); or
361          (ii) 20 days after the day on which the county clerk rejects the petition under
362     Subsection (3)(b)(ii).
363          (5) With the unanimous approval of petition sponsors, a petition filed under this
364     section may be withdrawn at any time within 90 days after the day on which the county clerk
365     certifies the petition under Subsection (3)(b)(i) and no later than 45 days before an election
366     under Section 17-52a-501 if[:(a) ] the petition included a notification to petition signers, in
367     conspicuous language and in a conspicuous location, that the petition sponsors are authorized
368     to withdraw the petition[; and].
369          [(b) the petition has at least three sponsors.]
370          [(6) (a) Notwithstanding Subsection 17-52a-301(3), registered voters of a county may
371     circulate a petition under this section after a county legislative body initiates the process to
372     adopt an optional plan under Subsection 17-52a-302(1)(a) in order to qualify to select a
373     member of an appointment committee that is formed as a result of the process initiated by the
374     county legislative body.]
375          [(b) Notwithstanding Subsection (2)(c), registered voters who circulate a petition
376     described in Subsection (6)(a) may not submit the completed petition less than 30 days before
377     the day of the election described in Section 17-52a-304.]
378          [(c) Notwithstanding Subsection (4), registered voters who circulate a petition
379     described in Subsection (6)(a) may not amend or submit supplemental signatures for the
380     petition unless:]
381          [(i) the county clerk makes the determination described in Subsection (3) before the
382     deadline described in Subsection (6)(b); and]
383          [(ii) the registered voters submit the amended or supplemented petition before the
384     deadline described in Subsection (6)(b).]
385          Section 7. Section 17-52a-305 is amended to read:
386          17-52a-305. Public hearings.
387          The county legislative body shall hold four public hearings on a proposed optional plan
388     within 45 days after the day on which:
389          (1) the county legislative body adopts a resolution that proposes an optional plan under
390     Subsection 17-52a-302[(1)(b)](1)(a)(ii); or
391          (2) the county clerk certifies, in accordance with Subsection 17-52a-303(3), a petition
392     that proposes an optional plan under Subsection 17-52a-303(1)(a)(ii).
393          Section 8. Section 17-52a-402 is amended to read:
394          17-52a-402. Convening of first meeting of study committee.
395          (1) The county executive shall convene the first meeting of the study committee
396     [within] no later than 10 days after the day on which the county executive receives [the]
397     notification [described in Subsection 17-52a-401(3)(a) of the study committee members'
398     appointment.]:
399          (a) of the establishment of a study committee by the county legislative body as
400     described in Section 17-52a-302; or
401          (b) of a certified petition from the county clerk as described in Section 17-52a-303.
402          (2) (a) At the study committee's first meeting, the study committee shall select a chair
403     from among the members of the study committee.
404          (b) The chair of the study committee is responsible for convening each future meeting
405     of the study committee.
406          Section 9. Section 17-52a-403 is amended to read:
407          17-52a-403. Study committee -- Members -- Powers and duties -- Proposed plan
408     and report -- Services provided by county -- Legislative body amendment of study
409     committee plan.
410          (1) (a) A study committee consists of [seven members.]:
411          (i) for a study committee established by the county legislative body under Section
412     17-52a-302, five members appointed by the county legislative body; or
413          (ii) for a study committee established by the registered voters through a petition under
414     Section 17-52a-303:
415          (A) two members appointed by the sponsors of the petition;
416          (B) two members appointed by the county legislative body; and
417          (C) one member appointed by the county's council of governments.
418          (b) A member of a study committee:
419          (i) may not receive compensation for service on the study committee[.];
420          (ii) may not hold an elected county office or have filed a current declaration of
421     candidacy for an elected county office; and
422          (iii) shall be a registered voter.
423          (c) The county legislative body shall reimburse each member of a study committee for
424     necessary expenses incurred in performing the member's duties on the study committee.
425          (2) A study committee may:
426          (a) adopt rules for the study committee's own organization and procedure and to fill a
427     vacancy in its membership;
428          (b) establish advisory boards or committees and include on the advisory boards or
429     committees persons who are not members of the study committee; and
430          (c) request the assistance and advice of any officers or employees of any agency of
431     state or local government.
432          (3) (a) A study committee shall:
433          (i) study the form of government within the county and compare it with other forms
434     available under this chapter;
435          (ii) determine whether the administration of local government in the county could be
436     strengthened, made more clearly responsive or accountable to the people, or significantly
437     improved in the interest of economy and efficiency by a change in the form of county
438     government;
439          (iii) hold public hearings and community forums and other means the committee
440     considers appropriate to disseminate information and stimulate public discussion of the
441     committee's purposes, progress, and conclusions; and
442          (iv) file a written report of the study committee's findings and recommendations with
443     the county executive, the county legislative body, and the county clerk no later than one year
444     after the convening of the study committee's first meeting under Section 17-52a-402.
445          (b) Within 10 days after the day on which the study committee submits the study
446     committee's report under Subsection (3)(a)(iv) [to the county legislative body], if the report
447     recommends a change in the form of county government, the county clerk shall send to the
448     county attorney [or, if the county does not have a county attorney, to the district attorney,] a
449     copy of [each] the optional plan recommended in the report for review in accordance with
450     Section 17-52a-406.
451          (4) Each study committee report under Subsection (3)(a)(iv) shall include:
452          (a) the study committee's recommendation as to whether the form of county
453     government should be changed to another form authorized under this chapter;
454          (b) if the study committee recommends changing the form of government, a complete
455     detailed draft of a proposed optional plan to change the form of county government, including
456     all necessary implementing provisions; and
457          (c) any additional recommendations the study committee considers appropriate to
458     improve the efficiency and economy of the administration of local government within the
459     county.
460          (5) (a) If the study committee's report recommends a change in the form of county
461     government, the study committee may conduct additional public hearings after filing the report
462     under Subsection (3)(a)(iv) and, following the hearings and subject to Subsection (5)(b), alter
463     the report or proposed optional plan.
464          (b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration
465     to the report or proposed optional plan:
466          (i) that would recommend the adoption of an optional form different from that
467     recommended in the original report; or
468          (ii) within the [120-day] 160-day period before the election under Section 17-52a-501.
469          (6) Each meeting that the study committee holds shall be open to the public.
470          (7) If the study committee's report does not recommend a change in the form of county
471     government, the report is final, the study committee is dissolved, and the process to change the
472     county's form of government is concluded.
473          (8) The county legislative body shall provide for the study committee:
474          (a) suitable meeting facilities;
475          (b) necessary secretarial services;
476          (c) necessary printing and photocopying services;
477          (d) necessary clerical and staff assistance; and
478          (e) adequate funds for the employment of independent legal counsel and professional
479     consultants that the study committee reasonably determines to be necessary to help the study
480     committee fulfill its duties.
481          (9) (a) The county legislative body may not interfere with the work of the study
482     committee.
483          (b) After the study committee files the study committee's report in accordance with
484     Subsection (3)(a)(iv), the county legislative body may amend the study committee's proposed
485     optional plan by adopting a resolution that clearly identifies the amendments to the proposed
486     optional plan.
487          (c) The county legislative body may not adopt a resolution described in Subsection
488     (9)(b) unless:
489          (i) the amended proposed optional plan:
490          (A) complies with the provisions of this chapter; and
491          (B) is first submitted to and reviewed by the county attorney in accordance with
492     Section 17-52a-406; and
493          (ii) the resolution is adopted no later than 120 days before the day on which the
494     election under Section 17-52a-501 occurs.
495          Section 10. Section 17-52a-404 is amended to read:
496          17-52a-404. Contents of proposed optional plan.
497          (1) The study committee[, a county legislative body that adopts a resolution described
498     in Subsection 17-52a-302(1)(b),] or the sponsors of a petition described in Subsection
499     17-52a-303(1)(a)(ii) shall ensure that [each] an optional plan the committee[, legislative body,]
500     or registered voters propose under this chapter, respectively:
501          (a) proposes the adoption of one of the forms of county government [listed] authorized
502     in Subsection 17-52a-405(1)(a);
503          (b) contains detailed provisions relating to the transition from the existing form of
504     county government to the form proposed in the optional plan, including provisions relating to
505     the:
506          (i) election or appointment of officers specified in the optional plan for the new form of
507     county government;
508          (ii) retention, elimination, or combining of existing offices and, if an office is
509     eliminated, the division or department of county government responsible for performing the
510     duties of the eliminated office;
511          (iii) continuity of existing ordinances and regulations;
512          (iv) continuation of pending legislative, administrative, or judicial proceedings;
513          (v) making of interim and temporary appointments; and
514          (vi) preparation, approval, and adjustment of necessary budget appropriations;
515          (c) specifies the date the optional plan becomes effective if adopted, which may not be
516     earlier than the first day of January next following the election of officers under the new plan;
517     and
518          (d) notwithstanding any other provision of this title and except with respect to an
519     optional plan that proposes the adoption of the county commission or expanded county
520     commission form of government, with respect to the county budget provides that:
521          (i) the county executive's role is to prepare and present a proposed budget to the county
522     legislative body; and
523          (ii) the county legislative body's role is to adopt a final budget.
524          (2) Subject to Subsection (3), an optional plan may include provisions that are
525     considered necessary or advisable to the effective operation of the proposed optional plan.
526          (3) An optional plan may not:
527          (a) include any provision that is inconsistent with or prohibited by the Utah
528     Constitution or any statute[.];
529          (b) specify compensation, including benefits, for any appointed or elected county
530     official;
531          (c) specify the full or part-time status of any appointed or elected county official; or
532          (d) if the optional plan specifies that county council or commission members are to be
533     elected from districts, establish, divide, abolish, alter, change, or otherwise attempt to draw
534     boundaries of election districts or impair the duties of the county legislative body as described
535     in Section 17-52a-503.
536          (4) The optional plan proponent described in Subsection (1) shall ensure that [each] an
537     optional plan proposing to change the form of government to the county executive-council
538     form under Section 17-52a-203 or the council-manager form under Section 17-52a-204:
539          (a) provides for the same executive and legislative officers as are specified in the
540     applicable section for the form of government that the optional plan proposes;
541          (b) provides for the election of the county council;
542          (c) specifies the number of county council members, which shall be an odd number
543     from three to nine;
544          (d) subject to Subsection (3)(d), specifies whether the members of the county council
545     are to be elected from districts, at large, or by a combination of at large and by district;
546          (e) specifies county council members' qualifications and terms and whether the terms
547     are to be staggered; and
548          (f) contains procedures for filling vacancies on the county council, consistent with the
549     provisions of Section 20A-1-508[; and].
550          [(g) states the initial compensation, if any, of county council members and procedures
551     for prescribing and changing compensation.]
552          (5) The optional plan proponent described in Subsection (1) shall ensure that [each] an
553     optional plan proposing to change the form of government to the county commission form
554     under Section 17-52a-201 or the expanded county commission form under Section 17-52a-202
555     specifies:
556          (a) (i) for the county commission form of government, that the county commission
557     shall have three members; or
558          (ii) for the expanded county commission form of government, whether the county
559     commission shall have five or seven members;
560          (b) the terms of office for county commission members and whether the terms are to be
561     staggered;
562          (c) subject to Subsection (3)(d), whether members of the county commission are to be
563     elected from districts, at large, or by a combination of at large and from districts;
564          (d) if any members of the county commission are to be elected from districts, the
565     district residency requirements for those commission members; and
566          (e) if any members of the county commission are to be elected at large, whether the
567     election of county commission members is subject to the provisions of Subsection
568     17-52a-201(6) or Subsection 17-52a-202(6).
569          Section 11. Section 17-52a-405 is amended to read:
570          17-52a-405. Plan may propose changing forms of county government -- Partisan
571     elections.
572          (1) (a) The optional plan proponent described in Subsection 17-52a-404(1) shall ensure
573     that each optional plan proposes changing the form of county government to:
574          (i) for a county of the first, second, third, or fourth class:
575          (A) the county commission form under Section 17-52a-201;
576          [(ii)] (B) the expanded county commission form under Section 17-52a-202;
577          [(iii)] (C) the county executive and council form under Section 17-52a-203; or
578          [(iv)] (D) the council-manager form under Section 17-52a-204[.]; and
579          (ii) for a county of the fifth or sixth class:
580          (A) the county commission form under Section 17-52a-201; or
581          (B) the expanded county commission form under Section 17-52a-202.
582          (b) The optional plan proponent described in Subsection 17-52a-404(1) may not
583     recommend an optional plan that:
584          (i) proposes changing the form of government to a form not [included] authorized in
585     Subsection (1)(a);
586          (ii) provides for the nonpartisan election of elected officers;
587          (iii) imposes a limit on the number of terms or years that an elected officer may serve;
588          (iv) provides for elected officers to be subject to a recall election; or
589          (v) provides, in a county with a population of 225,000 or more, for a full-time county
590     commission in an expanded county commission form of government under Section
591     17-52a-202.
592          [(2) In addition to proposing the adoption of any one of the optional forms of county
593     government under Subsection (1)(a), an optional plan may also propose the adoption of any
594     one of the structural forms of county government provided under Chapter 35b, Part 3,
595     Structural Forms of County Government.]
596          [(3)] (2) A county that provides for the election of the county's elected officers through
597     a partisan election may not change to a process that provides for the election of the county's
598     elected officers through a nonpartisan election.
599          Section 12. Section 17-52a-406 is amended to read:
600          17-52a-406. County attorney review of proposed optional plan -- Conflict with
601     statutory or constitutional provisions -- Processing of optional plan after attorney review.
602          (1) As used in this section:
603          (a) "Proposed optional plan" means an optional plan, including any amendments to the
604     optional plan proposed in accordance with this chapter, that is submitted to the county attorney
605     for review in accordance with a provision of this chapter.
606          (b) "Requesting entity" means the person who submits a proposed optional plan to the
607     county attorney for review in accordance with a provision of this chapter.
608          [(1)] (2) (a) Within 45 days after the day on which the county [or district] attorney
609     receives [the recommended optional plan from the county clerk under Subsection (3)(d),
610     17-52a-303(3)(c), or 17-52a-403(3)(b) or from the county legislative body under Subsection
611     (3)(c) or 17-52a-302(3)] a proposed optional plan from a requesting entity, the county [or
612     district] attorney shall review the proposed optional plan and send a written report [to the
613     county clerk] containing the information described in Subsection [(2).] (2)(b) to:
614          (i) the requesting entity; and
615          (ii) (A) the petition sponsors, if the proposed optional plan was recommended under
616     Section 17-52a-303; or
617          (B) the study committee, if the proposed optional plan was recommended under
618     Section 17-52a-403.
619          [(2)] (b) A report from the county [or district] attorney under Subsection [(1)] (2)(a)
620     shall:
621          [(a)] (i) state the county attorney's opinion as to whether implementation of the
622     proposed optional plan [described in Subsection (1)] would result in a violation of any
623     applicable statutory or constitutional provision;
624          [(b)] (ii) if the county attorney concludes that a violation would result:
625          [(i)] (A) identify specifically each statutory or constitutional provision that
626     implementation of the proposed optional plan would violate;
627          [(ii)] (B) identify specifically each provision or feature of the proposed optional plan
628     that would result in a statutory or constitutional violation if the proposed optional plan is
629     implemented; and
630          [(iii)] (C) recommend how the proposed optional plan may be modified to avoid the
631     statutory or constitutional violation.
632          [(3) (a) Except as provided in Subsection (3)(b), (c), or (d), if the attorney determines
633     under Subsection (2) that a violation would occur, the proposed optional plan may not be the
634     subject of an election under Section 17-52a-501.]
635          (3) (a) The proposed optional plan may not be the subject of an election under Section
636     17-52a-501 if:
637          (i) the county attorney has not reviewed and submitted a written report in accordance
638     with this section; or
639          (ii) the county attorney concludes that implementation of the proposed optional plan
640     would result in a violation of an applicable statutory or constitutional provision.
641          (b) The study committee may:
642          (i) modify [an] a proposed optional plan that the study committee recommends in
643     accordance with Section 17-52a-403 to avoid a violation that a county [or district] attorney's
644     report describes under Subsection (2); and
645          (ii) file a new report under Subsection 17-52a-403(3)(a)(iv).
646          (c) A county legislative body may:
647          (i) modify [an] a proposed optional plan that the county legislative body proposes in
648     accordance with [Subsection 17-52a-302(1)(b)] Section 17-52a-302 or 17-52a-403 to avoid a
649     violation that a county [or district] attorney's report describes under Subsection (2); and
650          (ii) within 10 days of modifying the proposed optional plan, send the modified
651     proposed optional plan to:
652          (A) the county clerk, if the proposed optional plan was proposed in accordance with
653     Section 17-52a-302; and
654          (B) the county [or district] attorney for review in accordance with this section.
655          (d) (i) The petition sponsors may:
656          (A) modify [an] a proposed optional plan that the petition proposes in accordance with
657     Subsection 17-52a-303(1)(a)(ii) to avoid a violation that a county [or district] attorney's report
658     describes under Subsection (2); and
659          (B) submit the modified proposed optional plan to the county clerk.
660          (ii) Upon receipt of a modified proposed optional plan described in Subsection
661     (3)(d)(i), the county clerk shall send the modified proposed optional plan to the county[ or
662     district] attorney for review in accordance with this section.
663          (4) The county executive, county legislative body, county [or district] attorney, and
664     county clerk shall treat the following as an original:
665          (a) a new report that a study committee files under Subsection 17-52a-403(3)(a)(iv);
666          (b) a modified proposed optional plan that a county legislative body sends under
667     Subsection (3)(c); and
668          (c) a modified proposed optional plan that petition sponsors submit to the county clerk
669     and that the county clerk sends under Subsection (3)(d).
670          (5) If the county attorney's written report under Subsection (2)(b) does not identify any
671     provisions or features of the proposed optional plan that, if implemented, would violate a
672     statutory or constitutional provision, the proposed optional plan is subject to the provisions
673     described in Section 17-52a-501.
674          Section 13. Section 17-52a-501 is amended to read:
675          17-52a-501. Election on recommended optional plan.
676          [(1) If the county or district attorney finds that a proposed optional plan does not
677     violate a statutory or constitutional provision under Section 17-52a-406 or, for a county under a
678     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
679     in effect on March 14, 2018:]
680          [(a) in a county with a population of 225,000 or more or in a county in which voters
681     approved the appointment of a study committee by a vote of at least 60%, the county legislative
682     body shall hold an election on the optional plan under Subsection (3); or]
683          [(b) in a county with a population of less than 225,000 in which voters did not approve
684     the appointment of a study committee by a vote of at least 60%, an election may not be held for
685     the optional plan under Subsection (3) until:]
686          [(i) the county legislative body adopts a resolution to submit the optional plan to
687     voters; or]
688          [(ii) the county clerk certifies a petition under Subsection (2).]
689          [(2) (a) In a county with a population of less than 225,000 in which voters did not
690     approve the appointment of a study committee by a vote of at least 60%, to qualify the
691     proposed optional plan described in Subsection (1) for an election described in Subsection (3),
692     registered voters may file a petition with the county clerk that:]
693          [(i) requests that the proposed optional plan be submitted to voters; and]
694          [(ii) is signed by registered voters residing in the county equal in number to at least 5%
695     of the total number of votes cast in the county for all candidates for president of the United
696     States at the most recent election at which a president of the United States was elected.]
697          [(b) Registered voters who file a petition under Subsection (2)(a) shall, at the time the
698     registered voters file the petition:]
699          [(i) designate up to five of the petition signers as sponsors;]
700          [(ii) provide the county clerk with the mailing address and telephone number of each
701     petition sponsor; and]
702          [(iii) designate one of the petition sponsors as the contact sponsor.]
703          [(c) The county clerk shall certify or reject a petition filed under this Subsection (2) in
704     the same manner as the county clerk certifies or rejects a petition under Subsection
705     17-52a-303(3).]
706          [(3)] (1) [When the conditions described in Subsection (1) are met,] If the county
707     attorney finds under Section 17-52a-406 that a proposed optional plan does not violate a
708     statutory or constitutional provision, a county shall hold an election on the optional plan at the
709     next regular general [or municipal general] election that is not less than [60] 65 days after[: (a)
710     for a county with a population of 225,000 or more or for a county in which voters approved the
711     appointment of a study committee by a vote of at least 60%,] the day on which the county [or
712     district] attorney submits to the county clerk the attorney's report described in [Subsection
713     17-52a-406(4) or, for a county under a pending process described in Section 17-52a-104, the
714     attorney's report that is described in Section 17-52-204 as that section was in effect on March
715     14, 2018 and that contains a statement described in Subsection 17-52-204(5) as that subsection
716     was in effect on March 14, 2018; or] Section 17-52a-406.
717          [(b) for a county with a population of less than 225,000 in which voters did not
718     approve the appointment of a study committee by a vote of at least 60%, the day on which:]
719          [(i) the county legislative body adopts a resolution under Subsection (1)(b)(i); or]
720          [(ii) the county clerk certifies a petition under Subsection (2)(b).]
721          [(4)] (2) The county clerk shall prepare the ballot for an election under this section so
722     that the question on the ballot states substantially the following:
723          "Shall ___________________ County adopt the alternate form of government known
724     as the (insert the proposed form of government) [that the study committee has recommended]
725     as recommended in the proposed optional plan?"
726          [(5)] (3) The county clerk shall:
727          (a) publish the complete text of the proposed optional plan in a newspaper of general
728     circulation within the county at least once during two different calendar weeks within the
729     30-day period immediately before the date of the election described in Subsection (1);
730          (b) post the complete text of the proposed optional plan in a conspicuous place on the
731     county's website during the 45-day period that immediately precedes the election on the
732     optional plan; and
733          (c) make a complete copy of the optional plan and the study committee report available
734     free of charge to any member of the public who requests a copy.
735          [(6)] (4) A county clerk shall declare an optional plan as adopted by the voters if a
736     majority of voters voting on the optional plan vote in favor of the optional plan.
737          Section 14. Section 17-52a-502 is amended to read:
738          17-52a-502. Voter information pamphlet.
739          (1) In anticipation of an election under Section 17-52a-501, the county clerk [may]
740     shall prepare a voter information pamphlet to inform the public of the proposed optional plan.
741          (2) In preparing a voter information pamphlet under this section, the county clerk
742     [may] shall:
743          (a) allow proponents and opponents of the proposed optional plan to provide written
744     statements to be included in the pamphlet; and
745          (b) use as a guideline the provisions of Title 20A, Chapter 7, Part 7, Voter Information
746     Pamphlet.
747          (3) A county clerk [who prepares a voter information pamphlet under this section] shall
748     cause the publication and distribution of the pamphlet in a manner that the county clerk
749     determines is adequate.
750          Section 15. Section 17-52a-503 is amended to read:
751          17-52a-503. Adoption of optional plan -- Election of new county officers -- Effect
752     of adoption.
753          (1) If a proposed optional plan is approved at an election held under Section
754     17-52a-501:
755          (a) on or before November 1 of the year immediately following the year of the election
756     described in Section 17-52a-501 in which the optional plan is approved, the county legislative
757     body shall:
758          (i) if the proposed optional plan under Section 17-52a-404 specifies that one or more
759     members of the county legislative body are elected from districts, adopt the geographic
760     boundaries of each council or commission member district; and
761          (ii) adopt the compensation, including benefits, for each member of the county
762     legislative body;
763          [(a)] (b) the elected county officers specified in the plan shall be elected at the next
764     regular general election following the election under Section 17-52a-501, according to the
765     procedure and schedule established under Title 20A, Election Code, for the election of county
766     officers;
767          [(b)] (c) the proposed optional plan:
768          (i) becomes effective according to the optional plan's terms;
769          (ii) subject to Subsection 17-52a-404(1)(c), at the time specified in the optional plan, is
770     a public record open to inspection by the public; and
771          (iii) is judicially noticeable by all courts;
772          [(c)] (d) the county clerk shall, within 10 days of the canvass of the election, file with
773     the lieutenant governor a copy of the optional plan, certified by the clerk to be a true and
774     correct copy;
775          [(d)] (e) all public officers and employees shall cooperate fully in making the transition
776     between forms of county government; and
777          [(e)] (f) the county legislative body may enact and enforce necessary ordinances to
778     bring about an orderly transition to the new form of government, including any transfer of
779     power, records, documents, properties, assets, funds, liabilities, or personnel that are consistent
780     with the approved optional plan and necessary or convenient to place it into full effect.
781          (2) An action by the county legislative body under Subsection (1)(a) is not an
782     amendment for purposes of Section 17-52a-504.
783          [(2)] (3) Adoption of an optional plan [changing only the form of county government
784     without adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of
785     County Government,] does not alter or affect the boundaries, organization, powers, duties, or
786     functions of any:
787          (a) school district;
788          (b) justice court;
789          (c) local district under Title 17B, Limited Purpose Local Government Entities - Local
790     Districts;
791          (d) special service district under Title 17D, Chapter 1, Special Service District Act;
792          (e) city or town; or
793          (f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
794     Cooperation Act.
795          (4) (a) After adoption of the optional plan, the county legislative body may adopt a
796     change to the geographic boundaries of a council or commission member's district.
797          (b) An action by the county legislative body under Subsection (4)(a) is not an
798     amendment for purposes of Section 17-52a-504.
799          [(3)] (5) After the adoption of an optional plan, the county remains vested with all
800     powers and duties vested generally in counties by statute.
801          Section 16. Section 20A-1-203 is amended to read:
802          20A-1-203. Calling and purpose of special elections -- Two-thirds vote
803     limitations.
804          (1) Statewide and local special elections may be held for any purpose authorized by
805     law.
806          (2) (a) Statewide special elections shall be conducted using the procedure for regular
807     general elections.
808          (b) Except as otherwise provided in this title, local special elections shall be conducted
809     using the procedures for regular municipal elections.
810          (3) The governor may call a statewide special election by issuing an executive order
811     that designates:
812          (a) the date for the statewide special election; and
813          (b) the purpose for the statewide special election.
814          (4) The Legislature may call a statewide special election by passing a joint or
815     concurrent resolution that designates:
816          (a) the date for the statewide special election; and
817          (b) the purpose for the statewide special election.
818          (5) (a) The legislative body of a local political subdivision may call a local special
819     election only for:
820          (i) a vote on a bond or debt issue;
821          (ii) a vote on a voted local levy authorized by Section 53F-8-402 or 53F-8-301;
822          (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
823          (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
824          (v) if required or authorized by federal law, a vote to determine whether Utah's legal
825     boundaries should be changed;
826          (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
827          (vii) a vote to elect members to school district boards for a new school district and a
828     remaining school district, as defined in Section 53G-3-102, following the creation of a new
829     school district under Section 53G-3-302;
830          (viii) a vote on a municipality providing cable television services or public
831     telecommunications services under Section 10-18-204;
832          (ix) a vote to create a new county under Section 17-3-1;
833          [(x) a vote on the creation of a study committee under Sections 17-52a-302 and
834     17-52a-304;]
835          [(xi)] (x) a vote on a special property tax under Section 53F-8-402;
836          [(xii)] (xi) a vote on the incorporation of a municipality in accordance with Section
837     10-2a-210; or
838          [(xiii)] (xii) a vote on incorporation or annexation as described in Section 10-2a-404.
839          (b) The legislative body of a local political subdivision may call a local special election
840     by adopting an ordinance or resolution that designates:
841          (i) the date for the local special election as authorized by Section 20A-1-204; and
842          (ii) the purpose for the local special election.
843          (c) A local political subdivision may not call a local special election unless the
844     ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
845     two-thirds majority of all members of the legislative body, if the local special election is for:
846          (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
847          (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
848          (iii) a vote authorized or required for a sales tax issue as described in Subsection
849     (5)(a)(vi).
850          Section 17. Section 63I-2-217 is amended to read:
851          63I-2-217. Repeal dates -- Title 17.
852          (1) Section 17-22-32.2, regarding restitution reporting, is repealed January 1, 2021.
853          (2) Section 17-22-32.3, regarding the Jail Incarceration and Transportation Costs Study
854     Council, is repealed January 1, 2021.
855          (3) Subsection 17-27a-102(1)(b), the language that states "or a designated mountainous
856     planning district" is repealed June 1, 2021.
857          (4) (a) Subsection 17-27a-103(18)(b), regarding a mountainous planning district, is
858     repealed June 1, 2021.
859          (b) Subsection 17-27a-103(42), regarding a mountainous planning district, is repealed
860     June 1, 2021.
861          (5) Subsection 17-27a-210(2)(a), the language that states "or the mountainous planning
862     district area" is repealed June 1, 2021.
863          (6) (a) Subsection 17-27a-301(1)(b)(iii), regarding a mountainous planning district, is
864     repealed June 1, 2021.
865          (b) Subsection 17-27a-301(1)(c), regarding a mountainous planning district, is repealed
866     June 1, 2021.
867          (c) Subsection 17-27a-301(2)(a), the language that states "described in Subsection
868     (1)(a) or (c)" is repealed June 1, 2021.
869          (7) Section 17-27a-302, the language that states ", or mountainous planning district"
870     and "or the mountainous planning district," is repealed June 1, 2021.
871          (8) Subsection 17-27a-305(1)(a), the language that states "a mountainous planning
872     district or" and ", as applicable" is repealed June 1, 2021.
873          (9) (a) Subsection 17-27a-401(1)(b)(ii), regarding a mountainous planning district, is
874     repealed June 1, 2021.
875          (b) Subsection 17-27a-401(7), regarding a mountainous planning district, is repealed
876     June 1, 2021.
877          (10) (a) Subsection 17-27a-403(1)(b)(ii), regarding a mountainous planning district, is
878     repealed June 1, 2021.
879          (b) Subsection 17-27a-403(1)(c)(iii), regarding a mountainous planning district, is
880     repealed June 1, 2021.
881          (c) Subsection 17-27a-403(2)(a)(iii), the language that states "or the mountainous
882     planning district" is repealed June 1, 2021.
883          (d) Subsection 17-27a-403(2)(c)(i), the language that states "or mountainous planning
884     district" is repealed June 1, 2021.
885          (11) Subsection 17-27a-502(1)(d)(i)(B), regarding a mountainous planning district, is
886     repealed June 1, 2021.
887          (12) Subsection 17-27a-505.5(2)(a)(iii), regarding a mountainous planning district, is
888     repealed June 1, 2021.
889          (13) Subsection 17-27a-602(1)(b), the language that states "or, in the case of a
890     mountainous planning district, the mountainous planning district" is repealed June 1, 2021.
891          (14) Subsection 17-27a-604(1)(b)(i)(B), regarding a mountainous planning district, is
892     repealed June 1, 2021.
893          (15) Subsection 17-27a-605(1), the language that states "or mountainous planning
894     district land" is repealed June 1, 2021.
895          (16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
896     2021.
897          (17) On June 1, 2021, when making the changes in this section, the Office of
898     Legislative Research and General Counsel shall:
899          (a) in addition to its authority under Subsection 36-12-12(3):
900          (i) make corrections necessary to ensure that sections and subsections identified in this
901     section are complete sentences and accurately reflect the office's understanding of the
902     Legislature's intent; and
903          (ii) make necessary changes to subsection numbering and cross references; and
904          (b) identify the text of the affected sections and subsections based upon the section and
905     subsection numbers used in Laws of Utah 2017, Chapter 448.
906          (18) Subsection 17-34-1(5)(d), regarding county funding of certain municipal services
907     in a designated recreation area, is repealed June 1, 2021.
908          (19) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
909     January 1, 2022.
910          [(19)] (20) On June 1, [2020] 2022:
911          (a) Section 17-52a-104 is repealed;
912          (b) in Subsection 17-52a-301(3)(a), the language that states "or under a provision
913     described in Subsection 17-52a-104[(2)](1)(b) or (2)(b)," is repealed; and
914          (c) Subsection 17-52a-301(3)(a)[(vi)](iv) regarding the first initiated process is
915     repealed[;].
916          [(d) in Subsection 17-52a-501(1), the language that states "or, for a county under a
917     pending process described in Section 17-52a-104, under Section 17-52-204 as that section was
918     in effect on March 14, 2018," is repealed; and]
919          [(e) in Subsection 17-52a-501(3)(a), the language that states "or, for a county under a
920     pending process described in Section 17-52a-104, the attorney's report that is described in
921     Section 17-52-204 as that section was in effect on March 14, 2018 and that contains a
922     statement described in Subsection 17-52-204(5) as that subsection was in effect on March 14,
923     2018," is repealed.]
924          [(20)] (21) On January 1, 2028, Subsection [17-52a-102] 17-52a-103(3) requiring
925     certain counties to initiate a change of form of government process by July 1, 2018, is repealed.
926          Section 18. Repealer.
927          This bill repeals:
928          Section 17-52a-304, Election to determine whether study committee should be
929     established.
930          Section 17-52a-401, Procedure for appointing members to study committee.
931          Section 19. Effective date.
932          If approved by two-thirds of all the members elected to each house, this bill takes effect
933     upon approval by the governor, or the day following the constitutional time limit of Utah
934     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
935     the date of veto override.
936          Section 20. Revisor instructions.
937          The Legislature intends that the Office of Legislative Research and General Counsel, in
938     preparing the Utah Code database for publication, replace the following references in:
939          (1) Subsections 17-52a-103(4), 17-52a-104(2)(a), 17-52a-104(2)(b), and
940     17-52a-104(2)(c)(i) from "the effective date of this bill" to the bill's actual effective date;
941          (2) Subsection 17-52a-104(2)(a)(i), from "this bill" to the bill's designated chapter
942     number in the Laws of Utah; and
943          (3) Subsections 17-52a-104(1)(a)(ii)(B), (1)(a)(ii)(C), (1)(a)(ii)(D), (2)(a)(ii)(A),
944     (2)(b)(i)(A), and (2)(b)(i)(B), from "the day immediately before the day on which this bill takes
945     effect" to the actual date before the day that the bill takes effect.