1     
COUNTY GOVERNMENT FORM AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: ____________

6     

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 [that operates under the county
184     commission form of government under Section 17-52a-201], whether the county should adopt
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 [recommends] creates to:
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 [that operates under the county
208     commission form of government under Section 17-52a-201], to adopt an optional plan that:
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          [(d) specifies whether the members of the county council are to be elected from
320     districts, at large, or by a combination of at large and by district;]
321          (d) specifies that at least a majority of members of the council are to be elected 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          [(i)] (A) the county commission form under Section 17-52a-201;
356          [(ii)] (B) the expanded county commission form under Section 17-52a-202;
357          [(iii)] (C) the county executive and council form under Section 17-52a-203; or
358          [(iv)] (D) the council-manager form under Section 17-52a-204.
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 [included] authorized in
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          [(2) In addition to proposing the adoption of any one of the optional forms of county
370     government under Subsection (1)(a), an optional plan may also propose the adoption of any
371     one of the structural forms of county government provided under Chapter 35b, Part 3,
372     Structural Forms of County Government.]
373          [(3)] (2) A county that provides for the election of the county's elected officers through
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 [changing only the form of county government
399     without adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of

400     County Government,] does not alter or affect the boundaries, organization, powers, duties, or
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          [(19)] (20) On June 1, 2020:
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          [(20)] (21) On January 1, 2028, Subsection 17-52a-102(3) is repealed.
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.