Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 224 Fifth Substitute (2018GS)

Sponsor

Rep. Froerer, G.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• reorganizes and recodifies Title 17, Chapter 52, Changing Forms of County Government;
• combines sections with similar subject matter;
• defines terms;
• amends provisions related to the appointment of an appointment council;
• prohibits a person from initiating a process to change a county's form of government when a process to change the county's form of government is pending;
• allows certain counties to adopt an optional plan without creating a study committee;
• requires that registered voters who wish to initiate the process to change a county's form of government file a notice of intent to gather signatures;
• establishes a deadline by which the sponsors of a petition to create a study committee are required to file the petition;
• requires only certain counties to comply with a provision that requires an optional plan to be approved by the county legislative body or subjected to a petition before the optional plan is submitted to the voters;
• requires a county clerk to post an optional plan on the county's website for a specified period of time before an election on the optional plan;
• provides that an optional plan is adopted if approved by a majority of voters that vote on the optional plan;
• provides for the appointment of a chair of a study committee;
• requires a study committee to submit a report to the county clerk;

Every vote on this bill

Bill text

COUNTY GOVERNMENT CHANGE ELECTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions related to the process to change a county's form of
government.
Highlighted Provisions:
This bill:
▸ reorganizes and recodifies Title 17, Chapter 52, Changing Forms of County
Government;
▸ combines sections with similar subject matter;
▸ defines terms;
▸ amends provisions related to the appointment of an appointment council;
▸ prohibits a person from initiating a process to change a county's form of government
when a process to change the county's form of government is pending;
▸ allows certain counties to adopt an optional plan without creating a study
committee;
▸ requires that registered voters who wish to initiate the process to change a county's
form of government file a notice of intent to gather signatures;
▸ establishes a deadline by which the sponsors of a petition to create a study
committee are required to file the petition;
▸ requires only certain counties to comply with a provision that requires an optional
plan to be approved by the county legislative body or subjected to a petition before
the optional plan is submitted to the voters;
▸ requires a county clerk to post an optional plan on the county's website for a
specified period of time before an election on the optional plan;
▸ provides that an optional plan is adopted if approved by a majority of voters that
vote on the optional plan;
▸ provides for the appointment of a chair of a study committee;
▸ requires a study committee to submit a report to the county clerk;
▸ provides that if a study committee recommends that the form of a county's
government not change, the process to change the county's form of government is
concluded;
▸ establishes a deadline after which an optional plan may not be repealed without
initiating a new process to change the county's form of government;
▸ provides a grandfather provision for counties that have initiated the process to
change the county's form of government as of the effective date of this bill;
▸ requires a county that operates under a form of government that is not authorized by
statute to change the county's form of government;
▸ establishes repeal dates for provisions that will become obsolete;
▸ removes obsolete and superfluous provisions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
17-15-27
, as last amended by Laws of Utah 2006, Chapter 171
17-16-6
, as last amended by Laws of Utah 2014, Chapter 16
17-19a-203
, as enacted by Laws of Utah 2012, Chapter 17
17-31-8
, as last amended by Laws of Utah 2017, Chapter 70
17-43-201
, as last amended by Laws of Utah 2016, Chapter 113
17-43-301
, as last amended by Laws of Utah 2016, Chapter 113
17-53-101
, as renumbered and amended by Laws of Utah 2000, Chapter 133
17B-2a-1106
, as last amended by Laws of Utah 2016, Chapter 176
17C-1-203
, as last amended by Laws of Utah 2016, Chapter 350
17D-2-203
, as enacted by Laws of Utah 2008, Chapter 360
20A-1-203
, as last amended by Laws of Utah 2015, Chapters 111 and 352
20A-1-508
, as last amended by Laws of Utah 2017, Chapter 54
20A-9-409
, as last amended by Laws of Utah 2017, Chapters 54 and 91
26A-1-102
, as last amended by Laws of Utah 2016, Chapter 113
59-2-919
, as last amended by Laws of Utah 2016, Chapters 341 and 367
63I-2-217
, as last amended by Laws of Utah 2017, Chapters 84 and further amended by
Revisor Instructions, Laws of Utah 2017, Chapter 448, and 448
68-3-12.5
, as last amended by Laws of Utah 2015, Chapters 141 and 152
ENACTS:
17-52a-101
, Utah Code Annotated 1953
17-52a-104
, Utah Code Annotated 1953
17-52a-305
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
17-52a-102
, (Renumbered from 17-52-101, as last amended by Laws of Utah 2012,
Chapter 17)
17-52a-103
, (Renumbered from 17-52-102, as last amended by Laws of Utah 2001,
Chapter 241)
17-52a-201
, (Renumbered from 17-52-501, as last amended by Laws of Utah 2017,
Chapter 54)
17-52a-202
, (Renumbered from 17-52-502, as last amended by Laws of Utah 2017,
Chapter 54)
17-52a-203
, (Renumbered from 17-52-504, as renumbered and amended by Laws of
Utah 2000, Chapter 133)
17-52a-204
, (Renumbered from 17-52-505, as last amended by Laws of Utah 2011,
Chapter 209)
17-52a-301
, (Renumbered from 17-52-201, as last amended by Laws of Utah 2008,
Chapter 250)
17-52a-302
, (Renumbered from 17-52-202, as last amended by Laws of Utah 2004,
Chapter 371)
17-52a-303
, (Renumbered from 17-52-203, as last amended by Laws of Utah 2013,
Chapters 37 and 134)
17-52a-304
, (Renumbered from 17-52-203.5, as last amended by Laws of Utah 2004,
Chapter 371)
17-52a-401
, (Renumbered from 17-52-301, as last amended by Laws of Utah 2001,
Chapter 241)
17-52a-402
, (Renumbered from 17-52-302, as last amended by Laws of Utah 2001,
Chapter 241)
17-52a-403
, (Renumbered from 17-52-303, as last amended by Laws of Utah 2001,
Chapter 241)
17-52a-404
, (Renumbered from 17-52-401, as last amended by Laws of Utah 2017,
Chapter 54)
17-52a-405
, (Renumbered from 17-52-402, as last amended by Laws of Utah 2015,
Chapter 216)
17-52a-406
, (Renumbered from 17-52-204, as last amended by Laws of Utah 2001,
Chapter 241)
17-52a-501
, (Renumbered from 17-52-206, as last amended by Laws of Utah 2013,
Chapter 37)
17-52a-502
, (Renumbered from 17-52-205, as last amended by Laws of Utah 2001,
Chapter 241)
17-52a-503
, (Renumbered from 17-52-403, as last amended by Laws of Utah 2012,
Chapter 17)
17-52a-504
, (Renumbered from 17-52-404, as renumbered and amended by Laws of
Utah 2000, Chapter 133)
17-52a-505
, (Renumbered from 17-52-405, as enacted by Laws of Utah 2013, Chapter
134)
REPEALS:
17-52-207
, as last amended by Laws of Utah 2001, Chapter 241
Utah Code Sections Affected by Revisor Instructions:
17-52a-104, Utah
 Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-15-27
 is amended to read:
17-15-27.
Appointment of legal counsel by county executive and county legislative
body.
(1) (a) An elected county executive in a county that has adopted a county
executive-council form of county government under Chapter 52
a
, Changing Forms of County
Government, may appoint an attorney to advise and represent the county executive.
(b) An attorney appointed under Subsection (1)(a):
(i) serves at the pleasure of the county executive; and
(ii) may not perform any of the functions of a county attorney or district attorney under
this title, except as provided in this section.
(c) An attorney appointed under this Subsection (1) may represent the county executive
in cases and controversies before courts and administrative agencies and tribunals when a
conflict exists that precludes the county or district attorney from representing the county
executive.
(2) (a) The legislative body of a county that has adopted a county executive-council
form of county government under Chapter 52
a
, Changing Forms of County Government, may
appoint an attorney to advise and represent the county legislative body.
(b) An attorney appointed under Subsection (2)(a):
(i) serves at the pleasure of the county legislative body; and
(ii) may not perform any of the functions of a county attorney or district attorney under
this title, except as provided in this section.
(c) An attorney appointed under this Subsection (2) may represent the county
legislative body in cases and controversies before courts and administrative agencies and
tribunals when a conflict exists that precludes the county or district attorney from representing
the county legislative body.
Section 2. Section 
17-16-6
 is amended to read:
17-16-6.
County officers -- Time of holding elections -- County commissioners --
Terms of office.
(1) Except as otherwise provided in an optional plan adopted under Chapter 52
a
,
Changing Forms of County Government:
(a) each elected county officer shall be elected at the regular general election every four
years in accordance with Section 
20A-1-201
, except as otherwise provided in this title;
(b) county commissioners shall be elected at the times, in the manner, and for the terms
provided in Section [
17-52-501
] 
17-52a-201
; and
(c) an elected officer shall hold office for the term for which the officer is elected,
beginning at noon on the first Monday in January following the officer's election and until a
successor is elected or appointed and qualified, except as provided in Section 
17-16-1
.
(2) (a) The terms of county officers shall be staggered in accordance with this
Subsection (2).
(b) Except as provided in Subsection (2)(c), in the 2014 general election:
(i) the following county officers shall be elected to one six-year term and thereafter
elected to a four-year term:
(A) county treasurer;
(B) county recorder;
(C) county surveyor; and
(D) county assessor; and
(ii) all other county officers shall be elected to a four-year term.
(c) If a county legislative body consolidates two or more county offices in accordance
with Section 
17-16-3
, and the consolidated offices are on conflicting election schedules, the
county legislative body shall pass an ordinance that sets the election schedule for the
consolidated offices in a reasonable manner that staggers the terms of county officers as
provided in this Subsection (2).
Section 3. Section 
17-19a-203
 is amended to read:
17-19a-203.
Budget officer.
The budget officer of a county is designated by:
(1) in a county commission form of government described in Section [
17-52-501
]
17-52a-201
 or an expanded county commission form of government described in Section
[
17-52-502
] 
17-52a-202
, the county commission;
(2) in the county executive-council form of government described in Section
[
17-52-504
] 
17-52a-203
, the county executive; or
(3) in the council-manager form of government described in Section [
17-52-505
]
17-52a-204
, the county council.
Section 4. Section 
17-31-8
 is amended to read:
17-31-8.
Tourism tax advisory boards.
(1) (a) Except as provided in Subsection (1)(b), any county that collects the following
taxes shall operate a tourism tax advisory board:
(i) the tax allowed under Section 
59-12-301
; or
(ii) the tax allowed under Section 
59-12-603
.
(b) Notwithstanding Subsection (1)(a), a county is exempt from Subsection (1)(a) if the
county has an existing board, council, committee, convention visitor's bureau, or body that
substantially conforms with Subsections (2), (3), and (4).
(2) A tourism tax advisory board created under Subsection (1) shall consist of at least
five members.
(3) A tourism tax advisory board shall be composed of the following members that are
residents of the county:
(a) a majority of the members shall be current employees of entities in the county that
are subject to the taxes referred to in Section 
59-12-301
 or 
59-12-603
; and
(b) the balance of the board's membership shall be employees of recreational facilities,
convention facilities, museums, cultural attractions, or other tourism related industries located
within the county.
(4) (a) Each tourism tax advisory board shall advise the county legislative body on the
best use of revenues collected from the tax allowed under Section 
59-12-301
 by providing the
legislative body with a priority listing for proposed expenditures based on projected available
tax revenues supplied to the board by the county legislative body on an annual basis.
(b) Each tourism tax advisory board in a county operating under the county
commission form of government under Section [
17-52-501
] 
17-52a-201
 or the expanded
county commission form under Section [
17-52-502
] 
17-52a-202
 shall advise the county
legislative body on the best use of revenues collected from the tax allowed under Section
59-12-603
 by providing the legislative body with a priority listing for proposed expenditures
based on projected available tax revenues supplied to the board by the county legislative body
on an annual basis.
(5) A member of any county tourism tax advisory board:
(a) may not receive compensation or benefits for the member's services; and
(b) may receive per diem and travel expenses incurred in the performance of the
member's official duties, in accordance with Section 
11-55-103
.
Section 5. Section 
17-43-201
 is amended to read:
17-43-201.
Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of
government under Section [
17-52-504
] 
17-52a-203
, the county legislative body is the local
substance abuse authority, provided however that any contract for plan services shall be
administered by the county executive.
(ii) In each county operating under a council-manager form of government under
Section [
17-52-505
] 
17-52a-204
, the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this
section, and under the direction of the division, each local substance abuse authority shall:
(i) develop substance abuse prevention and treatment services plans;
(ii) provide substance abuse services to residents of the county; and
(iii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
promote integrated programs that address an individual's substance abuse, mental health, and
physical healthcare needs, as described in Section 
62A-15-103
.
(c) Within legislative appropriations and county matching funds required by this
section, each local substance abuse authority shall cooperate with the efforts of the Department
of Human Services to promote a system of care, as defined in Section 
62A-1-104
, for minors
with or at risk for complex emotional and behavioral needs, as described in Section 
62A-1-111
.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to:
(i) provide substance abuse prevention and treatment services; or
(ii) create a united local health department that provides substance abuse treatment
services, mental health services, and local health department services in accordance with
Subsection (3).
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance abuse services.
(c) Each agreement for joint substance abuse services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined substance abuse authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance abuse services may provide for joint operation of
services and facilities or for operation of services and facilities under contract by one
participating local substance abuse authority for other participating local substance abuse
authorities.
(3) A county governing body may elect to combine the local substance abuse authority
with the local mental health authority created in Part 3, Local Mental Health Authorities, and
the local health department created in Title 26A, Chapter 1, Part 1, Local Health Department
Act, to create a united local health department under Section 
26A-1-105.5
. A local substance
abuse authority that joins a united local health department shall comply with this part.
(4) (a) Each local substance abuse authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for substance abuse services, regardless of whether the services are
provided by a private contract provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments
for the purpose of providing substance abuse programs and services. The department and
Department of Health shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local substance abuse authorities with regard to programs and
services.
(5) Each local substance abuse authority shall:
(a) review and evaluate substance abuse prevention and treatment needs and services,
including substance abuse needs and services for individuals incarcerated in a county jail or
other county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county
legislative body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by
contract, for adults, youth, and children, including those incarcerated in a county jail or other
county correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised rules established by the division;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance abuse services
and facilities, in accordance with the rules of the division, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance abuse programs and
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
Mental Health Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
Other Local Entities Act;
(m) for persons convicted of driving under the influence in violation of Section
41-6a-502
 or 
41-6a-517
, conduct the following as defined in Section 
41-6a-501
:
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection 
62A-15-503
(1) to
supplement the cost of providing the services described in Subsection (5)(m).
(6) Before disbursing any public funds, each local substance abuse authority shall
require that each entity that receives any public funds from the local substance abuse authority
agrees in writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the local substance abuse authority shall be subject to examination
by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance abuse services under an
agreement under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (4)(b).
(7) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If
those gifts are conditioned upon their use for a specified service or program, they shall be so
used.
(8) (a) As used in this section, "public funds" means the same as that term is defined in
Section 
17-43-203
.
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract
between the local substance abuse authority and the provider for the provision of plan services.
(9) Subject to the requirements of the federal Substance Abuse Prevention and
Treatment Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure
that all substance abuse treatment programs that receive public funds:
(a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
and
(b) if admission of a pregnant woman or a pregnant minor is not possible within 24
hours of the time that a request for admission is made, provide a comprehensive referral for
interim services that:
(i) are accessible to the pregnant woman or pregnant minor;
(ii) are best suited to provide services to the pregnant woman or pregnant minor;
(iii) may include:
(A) counseling;
(B) case management; or
(C) a support group; and
(iv) shall include a referral for:
(A) prenatal care; and
(B) counseling on the effects of alcohol and drug use during pregnancy.
(10) If a substance abuse treatment program described in Subsection (9) is not able to
accept and admit a pregnant woman or pregnant minor under Subsection (9) within 48 hours of
the time that request for admission is made, the local substance abuse authority shall contact
the Division of Substance Abuse and Mental Health for assistance in providing services to the
pregnant woman or pregnant minor.
Section 6. Section 
17-43-301
 is amended to read:
17-43-301.
Local mental health authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of
government under Section [
17-52-504
] 
17-52a-203
, the county legislative body is the local
mental health authority, provided however that any contract for plan services shall be
administered by the county executive.
(ii) In each county operating under a council-manager form of government under
Section [
17-52-505
] 
17-52a-204
, the county manager is the local mental health authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local mental health authority.
(b) Within legislative appropriations and county matching funds required by this
section, under the direction of the division, each local mental health authority shall:
(i) provide mental health services to persons within the county; and
(ii) cooperate with efforts of the Division of Substance Abuse and Mental Health to
promote integrated programs that address an individual's substance abuse, mental health, and
physical healthcare needs, as described in Section 
62A-15-103
.
(c) Within legislative appropriations and county matching funds required by this
section, each local mental health authority shall cooperate with the efforts of the Department of
Human Services to promote a system of care, as defined in Section 
62A-1-104
, for minors with
or at risk for complex emotional and behavioral needs, as described in Section 
62A-1-111
.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to:
(i) provide mental health prevention and treatment services; or
(ii) create a united local health department that combines substance abuse treatment
services, mental health services, and local health department services in accordance with
Subsection (3).
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of mental health services.
(c) Each agreement for joint mental health services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined mental health authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money available for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined mental health
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined mental health
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined mental health authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint mental health services may provide for:
(i) joint operation of services and facilities or for operation of services and facilities
under contract by one participating local mental health authority for other participating local
mental health authorities; and
(ii) allocation of appointments of members of the mental health advisory council
between or among participating counties.
(3) A county governing body may elect to combine the local mental health authority
with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
Department Act, to create a united local health department under Section 
26A-1-105.5
. A local
mental health authority that joins with a united local health department shall comply with this
part.
(4) (a) Each local mental health authority is accountable to the department, the
Department of Health, and the state with regard to the use of state and federal funds received
from those departments for mental health services, regardless of whether the services are
provided by a private contract provider.
(b) Each local mental health authority shall comply, and require compliance by its
contract provider, with all directives issued by the department and the Department of Health
regarding the use and expenditure of state and federal funds received from those departments
for the purpose of providing mental health programs and services. The department and
Department of Health shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local mental health authorities with regard to programs and
services.
(5) (a) Each local mental health authority shall:
(i) review and evaluate mental health needs and services, including mental health needs
and services for persons incarcerated in a county jail or other county correctional facility;
(ii) as provided in Subsection (5)(b), annually prepare and submit to the division a plan
approved by the county legislative body for mental health funding and service delivery, either
directly by the local mental health authority or by contract;
(iii) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(iv) appoint, directly or by contract, a full-time or part-time director for mental health
programs and prescribe the director's duties;
(v) provide input and comment on new and revised rules established by the division;
(vi) establish and require contract providers to establish administrative, clinical,
personnel, financial, procurement, and management policies regarding mental health services
and facilities, in accordance with the rules of the division, and state and federal law;
(vii) establish mechanisms allowing for direct citizen input;
(viii) annually contract with the division to provide mental health programs and
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
Mental Health Act;
(ix) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(x) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
Other Local Entities Act; and
(xii) take and retain physical custody of minors committed to the physical custody of
local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health.
(b) Each plan under Subsection (5)(a)(ii) shall include services for adults, youth, and
children, which shall include:
(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation, including vocational training and skills development;
(vii) case management;
(viii) community supports, including in-home services, housing, family support
services, and respite services;
(ix) consultation and education services, including case consultation, collaboration
with other county service agencies, public education, and public information; and
(x) services to persons incarcerated in a county jail or other county correctional facility.
(6) Before disbursing any public funds, each local mental health authority shall require
that each entity that receives any public funds from a local mental health authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the mental health authority shall be subject to examination by:
(i) the division;
(ii) the local mental health authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide mental health services under an agreement
under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local mental health
authority; and
(c) the entity will comply with the provisions of Subsection (4)(b).
(7) A local mental health authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for mental health services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(8) (a) As used in this section, "public funds" means the same as that term is defined in
Section 
17-43-303
.
(b) Public funds received for the provision of services pursuant to the local mental
health plan may not be used for any other purpose except those authorized in the contract
between the local mental health authority and the provider for the provision of plan services.
Section 7. Section 
17-52a-101
 is enacted to read:
CHAPTER 52a. CHANGING FORMS OF COUNTY GOVERNMENT
Part 1. General Provisions
 17-52a-101.
Title.
This chapter is known as "Changing Forms of County Government."
Section 8. Section 
17-52a-102
, which is renumbered from Section 17-52-101 is
renumbered and amended to read:
[
17-52-101
].
 17-52a-102.
Definitions.
As used in this chapter:
(1) "Appointment council" means [
a group of persons consisting of:
] 
a
commission-initiated appointment council or a petition-initiated appointment council.
(2) "Commission-initiated appointment council" means, for a process to change a
county's form of government that is initiated by the county legislative body under Section
17-52a-302
, a group of five individuals consisting of:
(a) a resident of the county in which the optional plan is proposed, designated by a
majority of all state senators and representatives whose districts include any part of the county
in which the optional plan is proposed;
(b) a resident of the county in which the optional plan is proposed, designated by the
county legislative body; 
and
(c) (i) if registered voters qualify to select a member of an appointment council under
Subsection 
17-52a-303
(6):
[
(c)
] 
(A)
 a resident of the county in which the optional plan is proposed, designated by
the petition sponsors; and
[
(d)
] 
(B)
 two other residents of the county in which the optional plan is proposed,
designated by majority vote of the three other members of the appointment council[
.
]
; or
(ii) if registered voters do not qualify to select a member of an appointment council
under Subsection 
17-52a-303
(6), three other residents of the county in which the optional plan
is proposed, designated individually by:
(A) a unanimous vote of the commission-initiated appointment council members
described in Subsections (2)(a) and (b); or
(B) if the commission-initiated appointment council members described in Subsections
(2)(a) and (b) cannot reach a unanimous vote to fill an appointment council member position,
the legislators described in Subsection (2)(a), who shall, by a majority vote, designate an
individual to fill the appointment council member position.
[
(2)
] 
(3)
 "Optional plan" means a plan establishing an alternate form of government for
a county as provided in Section [
17-52-401
] 
17-52a-404
.
[
(3) "Reasonable notice" means, at a minimum:
]
[
(a) publication:
]
[
(i) (A) in a newspaper of general circulation within the county at least once a week for
at least two consecutive weeks ending no more than 10 and no fewer than three days before the
event that is the subject of the notice; or
]
[
(B) if there is no newspaper of general circulation within the county, posting at least
one notice per 1,000 population within the county, for at least a week ending no more than
three days before the event that is the subject of the notice, at locations throughout the county
that are most likely to give actual notice to county residents; and
]
[
(ii) in accordance with Section 
45-1-101
 for two weeks before the event that is the
subject of the notice; and
]
[
(b) if the county has an Internet home page, posting an electronic notice on the
Internet for at least seven days immediately before the event that is the subject of the notice.
]
(4) "Petition-initiated appointment council" means, for a process to change a county's
form of government that registered voters initiate under Section 
17-52a-303
, the five sponsors
described in Subsection 
17-52a-303
(1)(b)(i).
[
(4)
] 
(5)
 "Study committee" means [
a group of persons
] 
the committee that has seven
members
:
(a) appointed under Section [
17-52-301
] 
17-52a-401
; and
(b) charged with the duties provided in Section [
17-52-303
] 
17-52a-403
.
Section 9. Section 
17-52a-103
, which is renumbered from Section 17-52-102 is
renumbered and amended to read:
[
17-52-102
].
 17-52a-103.
Forms of county government -- County
commission form required unless another is adopted -- Restrictions on form of county
government.
(1) [
Each
] 
Subject to Subsection (2), each
 county shall operate under one of the
following forms of county government:
(a) the county commission form under Section [
17-52-501
] 
17-52a-201
;
(b) the expanded county commission form under Section [
17-52-502
] 
17-52a-202
;
(c) the county executive and council form under Section [
17-52-504
] 
17-52a-203
; or
(d) the council-manager form under Section [
17-52-505
] 
17-52a-204
.
(2) Unless [
it
] 
a county
 adopts another form of government as provided in this chapter,
[
each
] 
the
 county shall operate under the county commission form of government under
Section [
17-52-501
] 
17-52a-201
.
(3) (a) In a county that operates under a form of government that is not described in
Subsection (2):
(i) the county's legislative body shall, before July 1, 2018, initiate the process under
Section 
17-52a-302
 of changing the county's form of government;
(ii) the county shall hold a special election described in Section 
17-52a-304
 on
November 6, 2018;
(iii) if the voters approve the appointment of a study committee at the special election
described in Subsection (3)(a)(ii):
(A) the study committee may not recommend under Section 
17-52a-403
 that the county
retain the county's current form of government; and
(B) the county shall hold an election described in Section 
17-52a-501
 before December
31, 2020, on an optional plan that the study committee creates; and
(iv) the registered voters of the county may not repeal an optional plan under Section
17-52a-505
 that is adopted at an election described in Subsection (3)(a)(iii)(B).
(b) If the voters of a county described in Subsection (3)(a) do not approve a change in
the county's form of government at an election described in Subsection (3)(a)(iii)(B) before
December 31, 2020:
(i) the county shall operate under the county commission form of government under
Section 
17-52a-201
 in the same manner that a county is required under Subsection
17-52a-102
(2) to operate under that form of government if the county does not adopt another
form of government; and
(ii) the county shall transition to the form of government described in Subsection
(3)(b)(i) in the same manner as if the voters of the county had approved the change in the form
of government described in Subsection (3)(b)(i) in the applicable election described in
Subsection (3)(b).
Section 10. Section 
17-52a-104
 is enacted to read:
 17-52a-104.
Applicability of former provisions to pending process.
(1) If, on the effective date of this bill, a county is under a pending process described in
Subsection (2) to change the county's form of government:
(a) except as provided in this section, the provisions of this bill do not apply to that
pending process; and
(b) that pending process is governed by:
(i) the provisions of law that were in effect on the day immediately before the day on
which this bill takes effect;
(ii) Subsection 
17-52a-301
(3);
(iii) Subsections 
17-52a-501
(1)(a) and (3)(a); and
(iv) Subsection (3).
(2) A process of changing a county's form of government is pending under Subsection
(1) if, as of the effective date of this bill:
(a) (i) the county legislative body had adopted a resolution in accordance with the
provisions of law that were in effect on the day immediately before the day on which this bill
takes effect to change the county's form of government; or
(ii) registered voters had begun collecting signatures in accordance with the provisions
of law that were in effect on the day immediately before the day on which this bill takes effect
for a petition to change the county's form of government; and
(b) the process of changing the county's form of government initiated under Subsection
(2)(a) has not concluded.
(3) (a) To continue a pending process described in Subsection (2)(a)(ii), registered
voters that initiated the process shall submit a sufficient number of valid signatures to the
county clerk within 180 days after the effective date of this bill.
(b) If the registered voters fail to comply with Subsection (3)(a), the pending process is
concluded under Subsection 
17-52a-301
(3)(a)(vi)(A).
Section 11. Section 
17-52a-201
, which is renumbered from Section 17-52-501 is
renumbered and amended to read:
Part 2. Forms of County Government
[
17-52-501
].
 17-52a-201.
County commission form of government --
Commission member elections.
(1) As used in this section:
(a) "Midterm vacancy" means a county commission position that is being filled at an
election for less than the position's full term as established in:
(i) Subsection (4)(a); or
(ii) a county's optional plan under Subsection [
17-52-401
] 
17-52a-404
(5)(b).
(b) "Open position" means a county commission position that is being filled at a
regular general election for the position's full term as established in:
(i) Subsection (4)(a); or
(ii) a county's optional plan under Subsection [
17-52-401
] 
17-52a-404
(5)(b).
(c) "Opt-in county" means a county that has, in accordance with Subsection (6)(a),
chosen to conduct county commissioner elections in accordance with Subsection (6).
(2) [
Each
] 
A county commission consisting of three members shall govern each
 county
operating under the county commission form of government [
shall be governed by a county
commission consisting of three members
].
(3) A county commission under a county commission form of government is both the
county legislative body and the county executive and has the powers, duties, and functions of a
county legislative body under Chapter 53, Part 2, County Legislative Body, and the powers,
duties, and functions of a county executive under Chapter 53, Part 3, County Executive.
(4) Except as otherwise provided in an optional plan adopted under this chapter:
(a) the term of office of each county commission member is four years;
(b) the terms of county commission members shall be staggered so that two members
are elected at a regular general election date that alternates with the regular general election
date of the other member; and
(c) each county commission member shall be elected:
(i) at large, unless otherwise required by court order; and
(ii) subject to the provisions of this section, in accordance with Title 20A, Election
Code.
(5) Except as provided in Subsection (6):
(a) if two county commission positions are vacant for an election, the positions shall be
designated "county commission seat A" and "county commission seat B";
(b) each candidate who files a declaration of candidacy when two positions are vacant
shall designate on the declaration of candidacy form whether the candidate is a candidate for
seat A or seat B; and
(c) no person may file a declaration of candidacy for, be a candidate for, or be elected
to two county commission positions in the same election.
(6) (a) A county of the first or second class may, through an [
alternate
] 
optional
 plan as
described in Subsection [
17-52-401
] 
17-52a-404
(5) or by ordinance, choose to conduct county
commissioner elections in accordance with this Subsection (6). 
(b) When issuing the notice of election required by Subsection 
20A-5-101
(2), the clerk
of an opt-in county shall, if there is at least one open position and at least one midterm vacancy,
designate:
(i) each open position as "open position"; and
(ii) each midterm vacancy as "midterm vacancy."
(c) An individual who files a declaration of candidacy for the office of county
commissioner in an opt-in county:
(i) if there is more than one open position, is not required to indicate which open
position the individual is running for;
(ii) if there is at least one open position and at least one midterm vacancy, shall
designate on the declaration of candidacy whether the individual is filing for an open position
or a midterm vacancy; and
(iii) may not file a declaration of candidacy for an open position and a midterm
vacancy in the same election.
(d) If there is an open position and a midterm vacancy being voted upon in the same
election in an opt-in county, the county clerk shall indicate on the ballot for the election which
positions are open positions and which positions are midterm vacancies.
(e) In an opt-in county:
(i) the candidates for open positions, in a number equal to the number of open
positions, who receive the highest number of votes are:
(A) for the purposes of a regular primary election, nominated by the candidates' party
for the open positions; and
(B) for the purposes of a regular general election, elected to fill the open positions; and
(ii) the candidates for midterm vacancies, in a number equal to the number of midterm
vacancies, who receive the highest number of votes are:
(A) for the purposes of a regular primary election, nominated by the candidates' party
for the midterm vacancies; and
(B) for the purposes of a regular general election, elected to fill the midterm vacancies.
Section 12. Section 
17-52a-202
, which is renumbered from Section 17-52-502 is
renumbered and amended to read:
[
17-52-502
].
 17-52a-202.
Expanded county commission form of
government -- Commission member elections.
(1) As used in this section:
(a) "Midterm vacancy" means the same as that term is defined in Section [
17-52-501
]
17-52a-201
.
(b) "Open position" means the same as that term is defined in Section [
17-52-501
]
17-52a-201
.
(c) "Opt-in county" means a county that has, in accordance with Subsection (6)(a),
chosen to conduct county commissioner elections in accordance with Subsection (6).
(2) [
Each
] 
A county commission consisting of five or seven members shall govern
each
 county operating under an expanded county commission form of government [
shall be
governed by a county commission consisting of five or seven members
].
(3) A county commission under the expanded county commission form of government
is both the county legislative body and the county executive and has the powers, duties, and
functions of a county legislative body under Chapter 53, Part 2, County Legislative Body, and
the powers, duties, and functions of a county executive under Chapter 53, Part 3, County
Executive.
(4) Except as otherwise provided in an optional plan adopted under this chapter:
(a) the term of office of each county commission member is four years;
(b) the terms of county commission members shall be staggered so that approximately
half the members are elected at alternating regular general election dates; and
(c) each county commission member shall be elected:
(i) at large, unless otherwise required by court order; and
(ii) subject to the provisions of this section, in accordance with Title 20A, Election
Code.
(5) Except as provided in Subsection (6):
(a) if multiple at-large county commission positions are vacant for an election, the
positions shall be designated "county commission seat A," "county commission seat B," and so
on as necessary for the number of vacant positions;
(b) each candidate who files a declaration of candidacy when multiple positions are
vacant shall designate the letter of the county commission seat for which the candidate is a
candidate; and
(c) no person may file a declaration of candidacy for, be a candidate for, or be elected
to two county commission positions in the same election.
(6) (a) A county of the first or second class may, through an [
alternate
] 
optional
 plan as
described in Subsection [
17-52-401
] 
17-52a-404
(5) or by ordinance, choose to conduct county
commissioner elections in accordance with this Subsection (6). 
(b) When issuing the notice of election required by Subsection 
20A-5-101
(2), the clerk
of an opt-in county shall, if there is at least one open position and at least one midterm vacancy,
designate:
(i) each open position as "open position"; and
(ii) each midterm vacancy as "midterm vacancy."
(c) An individual who files a declaration of candidacy for the office of county
commissioner in an opt-in county:
(i) if there is more than one open position, is not required to indicate which open
position the individual is running for;
(ii) if there is at least one open position and at least one midterm vacancy, shall
designate on the declaration of candidacy whether the individual is filing for an open position
or a midterm vacancy; and
(iii) may not file a declaration of candidacy for an open position and a midterm
vacancy in the same election.
(d) If there is an open position and a midterm vacancy being voted upon in the same
election in an opt-in county, the county clerk shall indicate on the ballot for the election which
positions are open positions and which positions are midterm vacancies.
(e) In an opt-in county:
(i) the candidates for open positions, in a number equal to the number of open
positions, who receive the highest number of votes are:
(A) for the purposes of a regular primary election, nominated by the candidates' party
for the open positions; and
(B) for the purposes of a regular general election, elected to fill the open positions; and
(ii) the candidates for midterm vacancies, in a number equal to the number of midterm
vacancies, who receive the highest number of votes are:
(A) for the purposes of a regular primary election, nominated by the candidates' party
for the midterm vacancies; and
(B) for the purposes of a regular general election, elected to fill the midterm vacancies.
Section 13. Section 
17-52a-203
, which is renumbered from Section 17-52-504 is
renumbered and amended to read:
[
17-52-504
].
 17-52a-203.
County executive-council form of county
government.
(1) (a) [
A
] 
The following shall govern a
 county operating under the form of
government known as the "county executive-council" form [
shall be governed by
]
:
(i)
 an elected county council[
,
]
;
(ii)
 an elected county executive[
,
]
;
 and [
such
]
(iii)
 other officers and employees [
as are
] authorized by law.
(b) The optional plan shall provide for the qualifications, time, and manner of election,
term of office and compensation of the county executive.
(2) The county executive [
shall be
] 
is
 the chief executive officer or body of the county.
(3) In the county executive-council form of county government:
(a) the county council is the county legislative body and [
shall have
] 
has
 the powers,
duties, and functions of a county legislative body under Chapter 53, Part 2, County Legislative
Body; and
(b) the county executive [
shall have
] 
has
 the powers, duties, and functions of a county
executive under Chapter 53, Part 3, County Executive.
(4) References in any statute or state rule to the "governing body" or the "board of
county commissioners" of the county, in the county executive-council form of county
government, means:
(a) the county council, with respect to legislative functions, duties, and powers; and
(b) the county executive, with respect to executive functions, duties, and powers.
Section 14. Section 
17-52a-204
, which is renumbered from Section 17-52-505 is
renumbered and amended to read:
[
17-52-505
].
 17-52a-204.
Council-manager form of county government.
(1) (a) [
A
] 
The following shall govern a
 county operating under the form of
government known as the "council-manager" form [
shall be governed by
]
:
(i)
 an elected county council[
,
]
;
(ii)
 a county manager appointed by the council[
,
]
;
 and [
such
]
(iii)
 other officers and employees [
as are
] authorized by law.
(b) The optional plan shall provide for the qualifications, time and manner of
appointment subject to Subsections (6) and (7), term of office, compensation, and removal of
the county manager.
(2) The county manager [
shall be
] 
is
 the administrative head of the county government
and [
shall have
] 
has
 the powers, functions, and duties of a county executive, except:
(a) as the county legislative body otherwise provides by ordinance; and
(b) that the county manager may not veto any ordinances enacted by the council.
(3) (a) [
No
] 
A
 member of the council [
shall
] 
may not
 directly or indirectly, by
suggestion or otherwise[
,
]
:
(i)
 attempt to influence or coerce the manager in [
the
]
:
(A)
 making [
of
] any appointment [
or removal of
]
;
(B) removing
 any officer or employee [
or in the purchase of
]
; or
(C) purchasing
 supplies[
,
]
;
(ii)
 attempt to exact any promise relative to any appointment from any candidate for
manager[
,
]
;
 or
(iii)
 discuss directly or indirectly with [
him
] 
the manager
 the matter of specific
appointments to any county office or employment.
(b) (i) A person who violates the provisions of this Subsection (3) shall forfeit the
office of the offending member of the council.
(ii) Nothing in this section shall be construed, however, as prohibiting the council
while in open session from fully and freely discussing with or suggesting to the manager
anything pertaining to county affairs or the interests of the county.
(iii) Neither manager nor any person in the employ of the county shall take part in
securing, or contributing any money toward, the nomination or election of any candidate for a
county office.
(iv) The optional plan may provide procedures for implementing this Subsection (3).
(4) In the council-manager form of county government[
,
]
:
(a)
 the legislative powers of the county [
shall be
] 
are
 vested in the county council[
,
]
;
and
(b)
 the executive powers of the county [
shall be
] 
are
 vested in the county manager.
(5) A reference in statute or state rule to the "governing body" or the "board of county
commissioners" of the county, in the council-manager form of county government, means:
(a) the county council, with respect to legislative functions, duties, and powers; and
(b) the county manager, with respect to executive functions, duties, and powers.
(6) (a) As used in this Subsection (6), "interim vacancy period" means the period of
time that:
(i) begins on the day on which a general election described in Section 
17-16-6
 is held
to elect a council member; and
(ii) ends on the day on which the council member-elect begins the council member's
term.
(b) (i) The county council may not appoint a county manager during an interim vacancy
period.
(ii) Notwithstanding Subsection (6)(b)(i):
(A) the county council may appoint an interim county manager during an interim
vacancy period; and
(B) the interim county manager's term shall expire once a new county manager is
appointed by the new administration after the interim vacancy period has ended.
(c) Subsection (6)(b) does not apply if all the county council members who held office
on the day of the county general election whose term of office was vacant for the election are
re-elected to the council for the following term.
(7) A county council that appoints a county manager in accordance with this section
may not, on or after May 10, 2011, enter into an employment contract that contains an
automatic renewal provision with the county manager.
Section 15. Section 
17-52a-301
, which is renumbered from Section 17-52-201 is
renumbered and amended to read:
Part 3. Procedure for Initiating Adoption of Optional Plan
[
17-52-201
].
 17-52a-301.
Procedure for initiating adoption of optional
plan -- Limitations -- Pending proceedings.
(1) An optional plan proposing an alternate form of government for a county may be
adopted as provided in this chapter.
(2) The process to adopt an optional plan establishing an alternate form of county
government may be initiated by:
(a) the county legislative body as provided in Section [
17-52-202
] 
17-52a-302
; or
(b) registered voters of the county as provided in Section [
17-52-203
] 
17-52a-303
.
(3) (a) If the process to adopt an optional plan [
has been
] 
is
 initiated under Laws of
Utah 1973, Chapter 26, Section 3, 4, or 5, or Section [
17-52-202
 or 
17-52-203
] 
17-52a-302
 or
17-52a-303
, or under a provision described in Subsection 
17-52a-104
(2)
, the county legislative
body may not initiate the process again under Section [
17-52-202
 unless the earlier proceeding
]
17-52a-302
, and registered voters may not initiate the process again under Section 
17-52a-303
,
until
:
[
(i) has been concluded by an affirmative or negative vote of registered voters; or
]
(i) the first initiated process concludes with an election under Section 
17-52a-501
;
(ii) the first initiated process concludes under Subsection 
17-52a-403
(7) because the
study committee recommended that the county's form of government not change;
[
(ii)
] 
(iii) the first initiated process
 has not [
been
] concluded but has been pending for
at least two years[
.
] 
after the day on which the voters approved the appointment of a study
committee in an election described in Section 
17-52a-304
;
(iv) notwithstanding Subsection (3)(a)(iii), if an election on an optional plan under the
first initiated process is scheduled under Section 
17-52a-501
, the conclusion of that election;
(v) the first initiated process concludes because registered voters fail to submit a
sufficient number of valid signatures for a petition before the deadline described in Subsection
17-52a-303
(2)(c); or
(vi) for a process governed by Section 
17-52a-104
, the first initiated process concludes:
(A) because registered voters fail to submit a sufficient number of valid signatures for a
petition before the deadline described in Subsection 
17-52a-104
(3); or
(B) under a provision described in Subsection 
17-52a-104
(1)(b).
(b) A county legislative body may not initiate the process to adopt an optional plan
under Section [
17-52-202
] 
17-52a-302
 within four years of an election at which voters
approved or rejected an optional plan proposed as a result of a process initiated by the county
legislative body.
(c) Registered voters of a county may not initiate the process to adopt an optional plan
under Section [
17-52-203
] 
17-52a-303
 within four years of an election at which voters
approved or rejected an optional plan proposed as a result of a process initiated by registered
voters.
Section 16. Section 
17-52a-302
, which is renumbered from Section 17-52-202 is
renumbered and amended to read:
[
17-52-202
].
 17-52a-302.
County legislative body initiation of adoption of
optional plan -- Procedure.
(1) A county legislative body may initiate the process of adopting an optional plan by
adopting a resolution to submit to the voters the question of
:
(a)
 whether a study committee should be established as provided in Section
[
17-52-301
.
] 
17-52a-401
; or
(b) in a county with a population of 500,000 or more that operates under the county
commission form of government under Section 
17-52a-201
, whether the county should adopt
an optional plan that:
(i) the legislative body creates before adopting the resolution described in this
Subsection (1); and
(ii) complies with the requirements described in Sections 
17-52a-404
 and 
17-52a-405
.
(2) [
Each
] 
The county legislative body shall ensure that a
 resolution adopted under
Subsection (1) [
shall require
]
:
(a) requires
 the question 
described in Subsection (1)(a)
 to be submitted to the registered
voters of the county at the next special election scheduled [
pursuant to
] 
under
 Section
20A-1-204
 after adoption of the resolution under Subsection (1)[
.
]
; or
(b) requires the question described in Subsection (1)(b) to be submitted to the
registered voters of the county at the next election described in Section 
17-52a-501
.
(3) Within 10 days after the day on which the county legislative body adopts a
resolution proposing an optional plan under Subsection (1)(b), the legislative body shall send a
copy of the optional plan that the legislative body recommends to:
(a) the county clerk; and
(b) the county attorney or, if the county does not have a county attorney, to the district
attorney, for review in accordance with Section 
17-52a-406
.
Section 17. Section 
17-52a-303
, which is renumbered from Section 17-52-203 is
renumbered and amended to read:
[
17-52-203
].
 17-52a-303.
Registered voter initiation of adoption of
optional plan -- Procedure.
(1) 
(a)
 Registered voters of a county may initiate the process of adopting an optional
plan by filing 
with the county clerk a notice of intent to gather signatures for
 a petition
:
(i)
 for the establishment of a study committee [
as provided in
] 
described in
 Section
[
17-52-301
.
] 
17-52a-401
; or
(ii) in a county with a population of 500,000 or more that operates under the county
commission form of government under Section 
17-52a-201
, to adopt an optional plan that:
(A) accompanies the petition described in this Subsection (1)(a)(ii) during the signature
gathering process and accompanies the petition in the submission to the county clerk under
Subsection (2)(b); and
(B) complies with the requirements described in Sections 
17-52a-404
 and 
17-52a-405
.
[
(2) Each petition under Subsection (1) shall:
]
(b) A notice of intent described in Subsection (1)(a) shall:
(i) designate five sponsors for the petition;
(ii) designate a contact sponsor to serve as the primary contact for the petition
sponsors;
(iii) list the mailing address and telephone number of each of the sponsors; and
(iv) be signed by each of the petition sponsors.
(c) Registered voters of a county may not file a notice of intent to gather signatures in
bad faith.
(2) (a) The sponsors of a petition may circulate the petition after filing a notice of
intent to gather signatures under Subsection (1).
[
(a) be
] 
(b) To be considered valid, the petition is required to be
 signed by registered
voters residing in the county equal in number to at least [
10%
] 
5%
 of the total number of votes
cast in the county 
for all candidates for president of the United States
 at the most recent
election [
for
] 
at which a
 president of the United States[
;
] 
was elected.
[
(b) designate up to five of the petition signers as sponsors, one of whom shall be
designated as the contact sponsor, with the mailing address and telephone number of each; and
]
[
(c) be filed in the office of the clerk of the county in which the petition signers reside.
]
(c) Except as provided in Subsection (4)(b)(ii), the sponsors of the petition shall submit
the completed petition and any amended or supplemental petition described in Subsection (4)
with the county clerk not more than 180 days after the day on which the sponsors file the notice
described in Subsection (1).
(3) [
(a)
] Within 30 days [
of the filing of a
] 
after the day on which the sponsors submit a
petition under Subsection [
(1)
] 
(2)(c)
 or an amended or supplemental petition under Subsection
[
(3)(b)
] 
(4)
, the county clerk shall:
[
(i)
] 
(a)
 determine whether the petition or amended or supplemental petition has been
signed by the required number of registered voters; [
and
]
[
(ii) (A) if so,
]
(b) (i) if the petition was signed by a sufficient number of registered voters:
(A)
 certify the petition [
or amended or supplemental petition and
]
;
(B)
 deliver [
it
] 
the petition
 to the county legislative body
;
 and
(C)
 notify [
in writing
] the contact sponsor 
in writing
 of the certification; or
[
(B) if not,
] 
(ii) if the petition was not signed by a sufficient number of registered
voters:
(A)
 reject the petition [
or the amended or supplemental petition
]
;
 and
(B)
 notify [
in writing
] the county legislative body and the contact sponsor 
in writing
 of
the rejection and the reasons for the rejection[
.
]
; and
[
(b) If a county clerk rejects a petition or an amended or supplemental petition under
Subsection (3)(a)(ii)(B), the petition may be amended or supplemented or an amended or
supplemental petition may be further amended or supplemented with additional signatures and
refiled within 20 days of the date of rejection.
]
(c) For a petition described in Subsection (1)(a)(ii), within 10 days after the day on
which the county clerk certifies the petition under Subsection (3)(b)(i), the county clerk shall
send a copy of the optional plan that accompanied the petition to the county attorney or, if the
county does not have a county attorney, to the district attorney, for review in accordance with
Section 
17-52a-406
.
(4) The sponsors of a petition circulated under this section may submit supplemental
signatures for the petition:
(a) if the county clerk rejects the petition under Subsection (3)(b)(ii); and
(b) before the earlier of:
(i) the deadline described in Subsection (2)(c); or
(ii) 20 days after the day on which the county clerk rejects the petition under
Subsection (3)(b)(ii).
[
(4)
] 
(5)
 With the unanimous approval of petition sponsors, a petition filed under
[
Subsection (1)
] 
this section
 may be withdrawn at any time within 90 days after [
petition
certification but
] 
the day on which the county clerk certifies the petition under Subsection
(3)(b)(i) and
 no later than 45 days before an election under Section [
17-52-206
] 
17-52a-501
 if:
(a) the petition [
notified signers
] 
included a notification to petition signers,
 in
conspicuous language 
and in a conspicuous location,
 that the petition sponsors are authorized
to withdraw the petition; and
(b) [
there are at least three sponsors of
] the petition 
has at least three sponsors
.
(6) (a) Notwithstanding Subsection 
17-52a-301
(3), registered voters of a county may
circulate a petition under this section after a county legislative body initiates the process to
adopt an optional plan under Subsection 
17-52a-302
(1)(a) in order to qualify to select a
member of an appointment committee that is formed as a result of the process initiated by the
county legislative body.
(b) Notwithstanding Subsection (2)(c), registered voters who circulate a petition
described in Subsection (6)(a) may not submit the completed petition less than 30 days before
the day of the election described in Section 
17-52a-304
.
(c) Notwithstanding Subsection (4), registered voters who circulate a petition described
in Subsection (6)(a) may not amend or submit supplemental signatures for the petition unless:
(i) the county clerk makes the determination described in Subsection (3) before the
deadline described in Subsection (6)(b); and
(ii) the registered voters submit the amended or supplemented petition before the
deadline described in Subsection (6)(b).
Section 18. Section 
17-52a-304
, which is renumbered from Section 17-52-203.5 is
renumbered and amended to read:
[
17-52-203.5
].
 17-52a-304.
Election to determine whether study committee
should be established.
(1) The county legislative body shall hold an election under this section if:
(a) the county legislative body adopts a resolution under [
Subsection 
17-52-202
(1)
]
Subsection 
17-52a-302
(1)(a)
; or
(b) [
a petition filed under Subsection 
17-52-203
(1) is certified by
] the county clerk
[
under
] 
certifies, in accordance with
 Subsection [
17-52-203
(3)
] 
17-52a-303
(3), a petition
described in Subsection 
17-52a-303
(1)(a)(i)
.
(2) [
Each
] 
An
 election [
under
] 
described in
 Subsection (1) shall be a special election,
called and held [
as required by
] 
in accordance with
 Sections 
20A-1-203
 and 
20A-1-204
[
after:
]
.
[
(a) adoption of a resolution under Subsection 
17-52-202
(1); or
]
[
(b) certification of a petition under Subsection 
17-52-203
(3).
]
(3) The county clerk shall prepare the ballot for [
each
] 
an
 election [
under
] 
described in
Subsection (1) with a question that asks substantially [
as follows
] 
the following
:
"Shall a study committee be appointed to consider and possibly recommend a change in
[
the
] 
_____________ County's
 form of government [
of _________________________
County
]?"
Section 19. Section 
17-52a-305
 is enacted to read:
 17-52a-305.
Public hearings.
The county legislative body shall hold four public hearings on a proposed optional plan
within 45 days after the day on which:
(1) the county legislative body adopts a resolution that proposes an optional plan under
Subsection 
17-52a-302
(1)(b); or
(2) the county clerk certifies, in accordance with Subsection 
17-52a-303
(3), a petition
that proposes an optional plan under Subsection 
17-52a-303
(1)(a)(ii).
Section 20. Section 
17-52a-401
, which is renumbered from Section 17-52-301 is
renumbered and amended to read:
Part 4. Study Committee and Optional Plan
[
17-52-301
].
 17-52a-401.
Procedure for appointing members to study
committee.
[
(1) Each member of a study committee shall be appointed by an appointment council
as provided in this section.
]
(1) If a majority of voters voting in an election described in Section 
17-52a-304
 vote in
favor of appointing a study committee, an appointment council shall appoint the members of a
study committee as provided in this section.
[
(2) (a) The county executive shall convene a meeting of the three members of the
appointment council referred to in Subsections 
17-52-101
(1) (a), (b), and (c) within 10 days
after the canvass of an election under Section 
17-52-203.5
 if a majority of those voting voted in
favor of establishing a study committee.
]
(2) (a) The county executive shall, within 10 days after the canvass of an election
conducted under Section 
17-52a-304
, convene the first meeting of the appointment council
members described in:
(i) for a council-initiated appointment council, Subsections 
17-52a-101
(2)(a), (b), and,
if applicable, (c)(i)(A); or
(ii) for a petition-initiated appointment council, Subsection 
17-52a-101
(4).
(b) Within 10 days of the convening of the first meeting under Subsection (2)(a)
(i)
, the
[
three
] members of the appointment council 
described in Subsection (2)(a)
 shall designate the
remaining [
two
] members [
referred to in Subsection 
17-52-101
(1)(d)
] 
of the appointment
council
.
(3) (a) Within 30 days [
of the designation of the remaining two members
] 
after the day
on which the appointment council meets under Subsection (2)(a)(ii), or the last appointment
council member is appointed
 under Subsection (2)(b), the appointment council shall:
(i) appoint the members to the study committee; and
(ii) notify in writing the appointees, the county executive, and the county legislative
body of the appointments.
(b) In making appointments to the study committee, the appointment council shall
work to achieve a broadly representative membership.
(c) The appointment council may not appoint [
a person
] 
an individual
 to the study
committee unless that [
person
] 
individual
:
(i) is a registered voter in the county whose form of government will be studied by the
study committee; and
(ii) does not hold any public office or employment other than membership on the
appointment council.
Section 21. Section 
17-52a-402
, which is renumbered from Section 17-52-302 is
renumbered and amended to read:
[
17-52-302
].
 17-52a-402.
Convening of first meeting of study committee.
(1)
 The county executive shall convene the first meeting of the study committee within
10 days after [
receipt of notification
] 
the county executive receives the notification described in
Subsection 
17-52a-401
(3)(a)
 of the study committee members' appointment [
under Subsection
17-52-301
(3)(a)
].
(2) (a) At the study committee's first meeting, the study committee shall select a chair
from among the members of the study committee.
(b) The chair of the study committee is responsible for convening each future meeting
of the study committee.
Section 22. Section 
17-52a-403
, which is renumbered from Section 17-52-303 is
renumbered and amended to read:
[
17-52-303
].
 17-52a-403.
Study committee -- Members -- Powers and
duties -- Report -- Services provided by county.
(1) (a) [
Each
] 
A
 study committee [
shall consist of at least seven but no more than 11
]
consists of seven
 members.
(b) A member of a study committee may not receive compensation for service on the
committee.
(c) The county legislative body shall reimburse each member of a study committee for
necessary expenses incurred in performing the member's duties on the study committee.
(2) A study committee may:
(a) adopt rules for [
its
] 
the study committee's
 own organization and procedure and to
fill a vacancy in its membership;
(b) establish advisory boards or committees and include on [
them
] 
the advisory boards
or committees
 persons who are not members of the study committee; and
(c) request the assistance and advice of any officers or employees of any agency of
state or local government.
(3) 
(a)
 [
Each
] 
A
 study committee shall:
[
(a)
] 
(i)
 study the form of government within the county and compare it with other
forms available under this chapter;
[
(b)
] 
(ii)
 determine whether the administration of local government in the county could
be strengthened, made more clearly responsive or accountable to the people, or significantly
improved in the interest of economy and efficiency by a change in the form of county
government;
[
(c)
] 
(iii)
 hold public hearings and community forums and other means the committee
considers appropriate to disseminate information and stimulate public discussion of the
committee's purposes, progress, and conclusions; and
[
(d)
] 
(iv)
 file a written report of [
its
] 
the study committee's
 findings and
recommendations with the county executive [
and
]
,
 the county legislative body
, and the county
clerk
 no later than one year after the convening of [
its
] 
the study committee's
 first meeting
under Section [
17-52-302
] 
17-52a-402
.
(b) Within 10 days after the day on which the study committee submits the study
committee's report under Subsection (3)(a)(iv) to the county legislative body, if the report
recommends a change in the form of county government, the county clerk shall send to the
county attorney or, if the county does not have a county attorney, to the district attorney, a copy
of each optional plan recommended in the report for review in accordance with Section
17-52a-406
.
(4) Each study committee report under Subsection (3)(d) shall include:
(a) the study committee's recommendation as to whether the form of county
government should be changed to another form authorized under this chapter;
(b) if the study committee recommends changing the form of government, a complete
detailed draft of a proposed plan to change the form of county government, including all
necessary implementing provisions; and
(c) any additional recommendations the study committee considers appropriate to
improve the efficiency and economy of the administration of local government within the
county.
(5) (a) If the study committee's report recommends a change in the form of county
government, the study committee may conduct additional public hearings after filing the report
under Subsection (3)(d) and, following the hearings and subject to Subsection (5)(b), alter the
report.
(b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration
to the report:
(i) that would recommend the adoption of an optional form different from that
recommended in the original report; or
(ii) within the 120-day period before the election under Section [
17-52-206
]
17-52a-501
.
(6) Each meeting [
held by
] 
that
 the study committee 
holds
 shall be open to the public.
(7) If the study committee's report does not recommend a change in the form of county
government, the report is final, the study committee is dissolved, and the process to change the
county's form of government is concluded.
[
(7)
] 
(8)
 The county legislative body shall provide for the study committee:
(a) suitable meeting facilities;
(b) necessary secretarial services;
(c) necessary printing and photocopying services;
(d) necessary clerical and staff assistance; and
(e) adequate funds for the employment of independent legal counsel and professional
consultants that the study committee reasonably determines to be necessary to help the study
committee fulfill its duties.
Section 23. Section 
17-52a-404
, which is renumbered from Section 17-52-401 is
renumbered and amended to read:
[
17-52-401
].
 17-52a-404.
Contents of proposed optional plan.
(1) [
Each
] 
The study committee, a county legislative body that adopts a resolution
described in Subsection 
17-52a-302
(1)(b), or the sponsors of a petition described in Subsection
17-52a-303
(1)(a)(ii) shall ensure that each
 optional plan [
proposed
] 
the committee, legislative
body, or registered voters propose
 under this chapter
, respectively
:
(a) [
shall propose
] 
proposes
 the adoption of one of the forms of county government
listed in Subsection [
17-52-402
] 
17-52a-405
(1)(a);
(b) [
shall contain
] 
contains
 detailed provisions relating to the transition from the
existing form of county government to the form proposed in the optional plan, including
provisions relating to the:
(i) election or appointment of officers specified in the optional plan for the new form of
county government;
(ii) retention, elimination, or combining of existing offices and, if an office is
eliminated, the division or department of county government responsible for performing the
duties of the eliminated office;
(iii) continuity of existing ordinances and regulations;
(iv) continuation of pending legislative, administrative, or judicial proceedings;
(v) making of interim and temporary appointments; and
(vi) preparation, approval, and adjustment of necessary budget appropriations;
(c) [
shall specify
] 
specifies
 the date [
it is to become
] 
the optional plan becomes
effective if adopted, which may not be earlier than the first day of January next following the
election of officers under the new plan; and
(d) notwithstanding any other provision of this title and except with respect to an
optional plan that proposes the adoption of the county commission or expanded county
commission form of government, with respect to the county budget [
shall provide
] 
provides
that
:
(i)
 the county executive's role is to prepare and present a proposed budget to the county
legislative body[
,
]
;
 and
(ii)
 the county legislative body's role is to adopt a final budget.
(2) Subject to Subsection (3), an optional plan may include provisions that are
considered necessary or advisable to the effective operation of the proposed optional plan.
(3) An optional plan may not include any provision that is inconsistent with or
prohibited by the Utah Constitution or any statute.
(4) [
Each
] 
The optional plan proponent described in Subsection (1) shall ensure that
each
 optional plan proposing to change the form of government to [
a
] 
the county
executive-council
 form under Section [
17-52-504
 or 
17-52-505
 shall
] 
17-52a-203
 or the
council-manager form under Section 
17-52a-204
:
(a) [
provide
] 
provides
 for the same executive and legislative officers as are specified in
the applicable section for the form of government [
being proposed by
] 
that
 the optional plan
proposes
;
(b) [
provide
] 
provides
 for the election of the county council;
(c) [
specify
] 
specifies
 the number of county council members, which shall be an odd
number from three to nine;
(d) [
specify
] 
specifies
 whether the members of the county council are to be elected
from districts, at large, or by a combination of at large and by district;
(e) [
specify
] 
specifies
 county council members' qualifications and terms and whether
the terms are to be staggered;
(f) [
contain
] 
contains
 procedures for filling vacancies on the county council, consistent
with the provisions of Section 
20A-1-508
; and
(g) [
state
] 
states
 the initial compensation, if any, of county council members and
procedures for prescribing and changing compensation.
(5) [
Each
] 
The optional plan proponent described in Subsection (1) shall ensure that
each
 optional plan proposing to change the form of government to the county commission form
under Section [
17-52-501
] 
17-52a-201
 or the expanded county commission form under Section
[
17-52-502
 shall specify
] 
17-52a-202
 specifies
:
(a) (i) for the county commission form of government, that the county commission
shall have three members; or
(ii) for the expanded county commission form of government, whether the county
commission shall have five or seven members;
(b) the terms of office for county commission members and whether the terms are to be
staggered;
(c) whether members of the county commission are to be elected from districts, at
large, or by a combination of at large and from districts;
(d) if any members of the county commission are to be elected from districts, the
district residency requirements for those commission members; and
(e) if any members of the county commission are to be elected at large, whether the
election of county commission members is subject to the provisions of Subsection [
17-52-501
]
17-52a-201
(6) or Subsection [
17-52-502
] 
17-52a-202
(6).
Section 24. Section 
17-52a-405
, which is renumbered from Section 17-52-402 is
renumbered and amended to read:
[
17-52-402
].
 17-52a-405.
Plan may propose changing forms of county
government -- Plan may propose change of structural form -- Partisan elections.
(1) (a) [
Each
] 
The optional plan proponent described in Subsection 
17-52a-404
(1) shall
ensure that each
 optional plan [
shall propose
] 
proposes
 changing the form of county
government to:
(i) the county commission form under Section [
17-52-501
] 
17-52a-201
;
(ii) the expanded county commission form under Section [
17-52-502
] 
17-52a-202
;
(iii) the county executive and council form under Section [
17-52-504
] 
17-52a-203
; or
(iv) the council-manager form under Section [
17-52-505
] 
17-52a-204
.
(b) [
An
] 
The optional plan proponent described in Subsection 
17-52a-404
(1) may not
recommend an
 optional plan [
adopted after May 1, 2000, may not
] 
that
:
(i) [
propose
] 
proposes
 changing the form of government to a form not included in
Subsection (1)(a);
(ii) [
provide
] 
provides
 for the nonpartisan election of elected officers;
(iii) [
impose
] 
imposes
 a limit on the number of terms or years that an elected officer
may serve; [
or
]
(iv) [
provide
] 
provides
 for elected officers to be subject to a recall election[
.
]
; or
(v) provides, in a county with a population of 225,000 or more, for a full-time county
commission in an expanded county commission form of government under Section
17-52a-202
.
(2) In addition to proposing the adoption of any one of the optional forms of county
government under Subsection (1)(a), an optional plan may also propose the adoption of any
one of the structural forms of county government provided under Chapter 35b, Part 3,
Structural Forms of County Government.
(3) A county that [
provided
] 
provides
 for the election of the county's elected officers
through a partisan election [
in or after the 2000 general election
] may not change to a process
that provides for the election of the county's elected officers through a nonpartisan election.
Section 25. Section 
17-52a-406
, which is renumbered from Section 17-52-204 is
renumbered and amended to read:
[
17-52-204
].
 17-52a-406.
County or district attorney review of proposed
optional plan -- Conflict with statutory or constitutional provisions -- Processing of
optional plan after attorney review.
[
(1) Within 10 days after the study committee submits its report under Subsection
17-52-303
 (3)(d) to the county legislative body recommending a change in the form of county
government, the county clerk shall send to the county attorney of the county in which the
optional plan is proposed or, if the county does not have a county attorney, to the district
attorney a copy of each optional plan recommended by the study committee in its report under
Subsection 
17-52-303
(3)(d).
]
[
(2)
] 
(1)
 Within 45 days after [
receipt of
] 
the day on which the county or district
attorney receives
 the recommended optional plan from the county clerk under Subsection [
(1)
]
(3)(d), 
17-52a-303
(3)(c), or 
17-52a-403
(3)(b) or from the county legislative body under
Subsection (3)(c) or 
17-52a-302
(3)
, the county or district attorney shall send a written report to
the county clerk containing the information [
required under
] 
described in
 Subsection [
(3)
] 
(2)
.
[
(3)
] 
(2)
 [
Each
] 
A
 report from the county or district attorney under Subsection [
(2)
] 
(1)
shall:
(a) state the attorney's opinion as to whether implementation of the optional plan [
as
prepared by the study committee
] 
described in Subsection (1)
 would result in a violation of any
applicable statutory or constitutional provision;
(b) if the attorney concludes that a violation would result:
(i) identify specifically each statutory or constitutional provision that [
would be
violated by
] implementation of the optional plan [
as prepared by the study committee
] 
would
violate
;
(ii) identify specifically each provision or feature of the proposed optional plan that
would result in a statutory or constitutional violation if the plan is implemented [
as prepared by
the study committee
]; 
and
[
(iii) state whether, in the attorney's opinion, any of the provisions or features identified
in Subsection (3)(b)(ii) are so integral to the proposed optional plan that having previously
changed the specified provision or feature to avoid the violation would have affected the
decision of a study committee member who favored the proposed optional plan; and
]
[
(iv) if all the provisions or features identified in Subsection (3)(b)(ii) do not meet the
standard of Subsection (3)(b)(iii),
]
(iii)
 recommend how the proposed optional plan may be modified to avoid the
statutory or constitutional violation.
[
(4)
] 
(3)
 (a) [
If the attorney's statement under Subsection (3) identifies provisions or
features under Subsection (3)(b)(ii) that meet the standard of Subsection (3)(b)(iii),
] 
Except as
provided in Subsection (3)(b), if the attorney determines under Subsection (2) that a violation
would occur,
 the proposed optional plan may not be the subject of [
a resolution or petition
under Subsection 
17-52-206
(1), except that the
] 
an election under Section 
17-52a-501
.
(b) The
 study committee may
:
(i)
 modify [
the
] 
an
 optional plan 
that the study committee recommends in accordance
with Section 
17-52a-403
 to avoid [
the
] 
a
 violation 
that a county or district attorney's report
describes under Subsection (2);
 and [
then
]
(ii)
 file a new report under Subsection [
17-52-303
] 
17-52a-403
(3)(d) [
that will be
treated as any other report under that subsection
].
[
(b) If the attorney's statement under Subsection (3) identifies provisions or features
under Subsection (3)(b)(ii) that do not meet the standard of Subsection (3)(b)(iii), the optional
plan may be modified by the study committee to avoid the statutory or constitutional violations
and then be the subject of a resolution or petition under Subsection 
17-52-206
(1).
]
(c) A county legislative body may:
(i) modify an optional plan that the county legislative body proposes in accordance
with Subsection 
17-52a-302
(1)(b) to avoid a violation that a county or district attorney's report
describes under Subsection (2); and
(ii) within 10 days of modifying the optional plan, send the modified optional plan to:
(A) the county clerk; and
(B) the county or district attorney for review in accordance with this section.
(d) (i) The petition sponsors may:
(A) modify an optional plan that the petition proposes in accordance with Subsection
17-52a-303
(1)(a)(ii) to avoid a violation that a county or district attorney's report describes
under Subsection (2); and
(B) submit the modified optional plan to the county clerk.
(ii) Upon receipt of a modified optional plan described in Subsection (3)(d)(i), the
county clerk shall send the modified optional plan to the county or district attorney for review
in accordance with this section.
(4) The county executive, county legislative body, county or district attorney, and
county clerk shall treat the following as an original:
(a) a new report that a study committee files under Subsection 
17-52a-403
(3)(d);
(b) a modified optional plan that a county legislative body sends under Subsection
(3)(c); and
(c) a modified optional plan that petition sponsors submit to the county clerk and that
the county clerk sends under Subsection (3)(d).
[
(5)
] 
(6)
 If the attorney's [
statement
] 
report
 under Subsection [
(3)
] 
(2)
 does not identify
any provisions or features of the proposed optional plan that, if implemented, would violate a
statutory or constitutional provision, the proposed optional plan [
may be the subject of a
resolution or petition under Subsection 
17-52-206
(1)
] 
is subject to the provisions described in
Section 
17-52a-501
.
Section 26. Section 
17-52a-501
, which is renumbered from Section 17-52-206 is
renumbered and amended to read:
Part 5. Adoption and Implementation of Optional Plan
[
17-52-206
].
 17-52a-501.
Election on recommended optional plan --
Resolution or petition to submit plan to voters in certain counties.
[
(1) (a) The county legislative body shall hold an election on an optional plan
recommended in a study committee report filed under Subsection 
17-52-303
(3)(d) if:
]
[
(i) the county or district attorney has completed the review of the recommended
optional plan and has submitted the attorney's report to the county clerk as provided in Section
17-52-204
;
]
[
(ii) the recommended optional plan may, under Subsection 
17-52-204
(3), be the
subject of a resolution or petition under this Subsection (1); and
]
[
(iii) after the county or district attorney has submitted the attorney's report under
Section 
17-52-204
:
]
(1) If the county or district attorney finds that a proposed optional plan does not violate
a statutory or constitutional provision under Section 
17-52a-406
 or, for a county under a
pending process described in Section 
17-52a-104
, under Section 
17-52-204
 as that section was
in effect on the day immediately before the day on which this bill takes effect:
(a) in a county with a population of 225,000 or more or in a county in which voters
approved the appointment of a study committee by a vote of at least 60%, the county legislative
body shall hold an election on the optional plan under Subsection (3); or
(b) in a county with a population of less than 225,000 in which voters did not approve
the appointment of a study committee by a vote of at least 60%, an election may not be held for
the optional plan under Subsection (3) until:
[
(A)
] 
(i)
 the county legislative body adopts a resolution to submit the [
recommended
]
optional plan to voters; or
[
(B) a petition is filed with the county clerk that:
]
(ii) the county clerk certifies a petition under Subsection (2).
(2) (a) In a county with a population of less than 225,000 in which voters did not
approve the appointment of a study committee by a vote of at least 60%, to qualify the
proposed optional plan described in Subsection (1) for an election described in Subsection (3),
registered voters may file a petition with the county clerk that:
(i) requests that the proposed optional plan be submitted to voters; and
[
(I)
] 
(ii)
 is signed by registered voters residing in the county equal in number to at least
[
10%
] 
5%
 of the total number of votes cast in the county 
for all candidates for president of the
United States
 at the most recent election [
for
] 
at which a
 president of the United States[
;
] 
was
elected.
(b) Registered voters who file a petition under Subsection (2)(a) shall, at the time the
registered voters file the petition:
[
(II) designates
] 
(i) designate
 up to five of the petition signers as sponsors[
, one of
whom shall be designated as the contact sponsor,
]
;
(ii) provide the county clerk
 with the mailing address and telephone number of each
petition sponsor
; and
[
(III) requests that the recommended optional plan be submitted to voters.
]
[
(b) The process for certifying a petition filed under Subsection (1)(a)(iii)(B) shall be
the same as that provided in Subsection 
17-52-203
(3).
]
[
(2) Each election under Subsection (1) shall be held at the next regular general or
municipal general election date that is no less than two months after:
]
[
(a) the county legislative body's adoption of a resolution under Subsection
(1)(a)(iii)(A); or
]
[
(b) certification of a petition filed under Subsection (1)(a)(iii)(B).
]
(iii) designate one of the petition sponsors as the contact sponsor.
(c) The county clerk shall certify or reject a petition filed under this Subsection (2) in
the same manner as the county clerk certifies or rejects a petition under Subsection
17-52a-303
(3).
(3) When the conditions described in Subsection (1) are met, a county shall hold an
election on the optional plan at the next regular general or municipal general election that is not
less than 60 days after:
(a) for a county with a population of 225,000 or more or for a county in which voters
approved the appointment of a study committee by a vote of at least 60%, the day on which the
county or district attorney submits to the county clerk the attorney's report described in
Subsection 
17-52a-406
(4) or, for a county under a pending process described in Section
17-52a-104
, the attorney's report that is described in Section 
17-52-204
 as that section was in
effect on the day immediately before the day on which this bill takes effect and that contains a
statement described in Subsection 
17-52-204
(5) as that subsection was in effect on the day
immediately before the day on which this bill takes effect; or
(b) for a county with a population of less than 225,000 in which voters did not approve
the appointment of a study committee by a vote of at least 60%, the day on which:
(i) the county legislative body adopts a resolution under Subsection (1)(b)(i); or
(ii) the county clerk certifies a petition under Subsection (2)(b).
[
(3)
] 
(4)
 The county clerk shall prepare the ballot for [
each
] 
an
 election under
[
Subsection (1)
] 
this section
 so that the question on the ballot states substantially [
as follows
]
the following
:
"Shall ___________________ County adopt the alternate form of government known
as the [
__
](insert the proposed form of government)[
___
] that [
has been recommended by
] the
study committee 
has recommended
?"
[
(4)
] 
(5)
 The county clerk shall:
(a) [
cause
] 
publish
 the complete text of the proposed optional plan [
to be published
] in
a newspaper of general circulation within the county at least once during two different calendar
weeks within the 30-day period immediately before the date of the election [
under
] 
described in
Subsection (1); [
and
]
(b) post the complete text of the proposed optional plan in a conspicuous place on the
county's website during the 45-day period that immediately precedes the election on the
optional plan; and
[
(b)
] 
(c)
 make a complete copy of the optional plan and the study committee report
available free of charge to any member of the public who requests a copy.
(6) A county clerk shall declare an optional plan as adopted by the voters if a majority
of voters voting on the optional plan vote in favor of the optional plan.
Section 27. Section 
17-52a-502
, which is renumbered from Section 17-52-205 is
renumbered and amended to read:
[
17-52-205
].
 17-52a-502.
Voter information pamphlet.
(1) In anticipation of an election under Section [
17-52-206
] 
17-52a-501
, the county
clerk may prepare a voter information pamphlet to inform the public of the proposed optional
plan.
(2) In preparing a voter information pamphlet under this section, the county clerk may:
(a) allow proponents and opponents of the proposed optional plan to provide written
statements to be included in the pamphlet; and
(b) use as a guideline the provisions of Title 20A, Chapter 7, Part 7, Voter Information
Pamphlet.
(3) [
Each
] 
A
 county clerk [
preparing
] 
who prepares
 a voter information pamphlet
under this section shall cause the publication and distribution of the pamphlet in a manner
[
determined by
] 
that
 the county clerk [
to be
] 
determines is
 adequate.
Section 28. Section 
17-52a-503
, which is renumbered from Section 17-52-403 is
renumbered and amended to read:
[
17-52-403
].
 17-52a-503.
Adoption of optional plan -- Election of new
county officers -- Effect of adoption.
(1) If a proposed optional plan is approved at an election held under Section
[
17-52-206
] 
17-52a-501
:
(a) the elected county officers specified in the plan shall be elected at the next regular
general election following the election under Section 
17-52a-501
, according to the procedure
and schedule established under Title 20A, Election Code, for the election of county officers;
[
(a)
] 
(b)
 the proposed optional plan
:
(i)
 becomes effective according to [
its
] 
the optional plan's
 terms [
and,
]
;
(ii)
 subject to Subsection [
17-52-401
] 
17-52a-404
(1)(c), at the time specified in [
it
] 
the
optional plan
, is 
a
 public record open to inspection by the public[
,
]
;
 and
(iii)
 is judicially noticeable by all courts;
[
(b)
] 
(c)
 the county clerk shall, within 10 days of the canvass of the election, file with
the lieutenant governor a copy of the optional plan, certified by the clerk to be a true and
correct copy;
[
(c)
] 
(d)
 all public officers and employees shall cooperate fully in making the transition
between forms of county government; and
[
(d)
] 
(e)
 the county legislative body may enact and enforce necessary ordinances to
bring about an orderly transition to the new form of government, including any transfer of
power, records, documents, properties, assets, funds, liabilities, or personnel that are consistent
with the approved optional plan and necessary or convenient to place it into full effect.
(2) Adoption of an optional plan changing only the form of county government without
adopting one of the structural forms under Chapter 35b, Part 3, Structural Forms of County
Government, does not alter or affect the boundaries, organization, powers, duties, or functions
of any:
(a) school district;
(b) justice court;
(c) local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts;
(d) special service district under Title 17D, Chapter 1, Special Service District Act;
(e) city or town; or
(f) entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act.
(3) After the adoption of an optional plan, the county remains vested with all powers
and duties vested generally in counties by statute.
Section 29. Section 
17-52a-504
, which is renumbered from Section 17-52-404 is
renumbered and amended to read:
[
17-52-404
].
 17-52a-504.
Amendment of optional plan.
(1) Subject to Subsection (2), an optional plan, after going into effect following an
election held under Section [
17-52-206
] 
17-52a-501
, may be amended by an affirmative vote of
two-thirds of the county legislative body.
(2) Notwithstanding Subsection (1), an amendment to an optional plan 
that is
 in effect
may not take effect until [
approved by
] a majority of registered voters voting in a general or
special election at which the amendment is proposed 
approve the amendment
, if the
amendment changes:
(a) the size or makeup of the legislative body, except for adjustments necessary due to
decennial reapportionment;
(b) the distribution of powers between the executive and legislative branches of county
government; or
(c) the status of the county executive or legislative body from full-time to part-time or
vice versa.
Section 30. Section 
17-52a-505
, which is renumbered from Section 17-52-405 is
renumbered and amended to read:
[
17-52-405
].
 17-52a-505.
Repeal of optional plan.
(1) An optional plan [
adopted
] 
that the voters in an election adopt
 under this chapter
may be repealed as provided in this section.
(2) Registered voters of a county that has adopted an optional plan may initiate the
process of repealing an optional plan by filing a petition for the repeal of the optional plan.
(3) (a) [
A
] 
Registered voters of a county may not file a
 petition to repeal an optional
plan [
may not be filed
] sooner than four years 
or more than five years
 after the election of
county officers under Section [
17-52-207
] 
17-52a-503
.
(b) (i) If the registered voters file a petition to repeal an optional plan under this
section, the petition is certified, and the optional plan is not repealed at an election described in
Subsection (8), the voters may not circulate or file a subsequent petition to repeal until at least
four
, and not more than five,
 years after the certification of the original petition.
(ii) If, after four years, the voters file a subsequent petition [
as described in
] 
under
Subsection (3)(b)(i), the voters:
(A) may not circulate or file another petition to repeal until at least four
, and not more
than five,
 years after certification of the subsequent petition; and
(B) shall wait an additional four
, and not more than five,
 years after the date of
certification of the previous petition for each petition filed thereafter.
(4) [
Each
] 
A
 petition [
under
] 
described in
 Subsection (2) shall:
(a) be signed by registered voters residing in the county:
(i) equal in number to at least 15% of the total number of votes cast in each precinct
described in Subsection (4)(a)(ii) 
for all candidates for president of the United States
 at the
most recent election [
for
] 
in which a
 president of the United States 
was elected
; and
(ii) who represent at least 85% of the voting precincts located within the county;
(b) designate up to five of the petition signers as sponsors, [
one of whom shall be
designated
] 
designating one petition signer
 as the contact sponsor, with the mailing address and
telephone number of each; and
(c) be filed in the office of the clerk of the county in which the petition signers reside.
(5) Within 30 days after the filing of a petition under Subsection (2) or an amended
petition under Subsection (6), the county clerk shall:
(a) determine whether 
the required number of voters have signed
 the petition or
amended petition has been signed by the required number of registered voters; and
(b) (i) if [
so
] 
a sufficient number of voters have signed the petition
, certify the petition
or amended petition and deliver it to the county legislative body, and notify in writing the
contact sponsor of the certification; or
(ii) if [
not
] 
a sufficient number of voters have not signed the petition
, reject the petition
or the amended petition and notify [
in writing
] the county legislative body and the contact
sponsor 
in writing
 of the rejection and the reasons for the rejection.
(6) If a county clerk rejects a petition or an amended petition under Subsection
(5)(b)(ii), the petition may be amended or an amended petition may be further amended with
additional signatures and refiled within 20 days of the date of rejection.
(7) [
(a)
] If a 
county clerk certifies a
 petition under Subsection (2) [
is certified
], the
county legislative body shall [
within 60 days after petition certification adopt a resolution
granting the petition and deciding to
] hold an election on the proposal to repeal the optional
plan[
. (b) The county legislative body shall hold the election
] at the next regular general
election [
date
] that is at least [
two months after the legislative body's decision
] 
days after the
day on which the county clerk certifies the petition
.
(8) If, at an election held under Subsection (7)[
(b)
], a majority of voters voting on the
proposal to repeal the optional plan vote in favor of repealing:
(a) the optional plan is repealed, effective January 1 of the year following the election
of county officers under Subsection (8)(c);
(b) upon the effective date of the repeal under Subsection (8)(a), the form of
government under which the county operates reverts to the form it had before the optional plan
was adopted; and
(c) the county officers under the form of government to which the county reverts, who
are different than the county officers under the repealed optional plan, shall be elected at the
next regular general election following the election under Subsection (7)[
(b)
].
Section 31. Section 
17-53-101
 is amended to read:
17-53-101.
County officers enumerated.
(1) The elected officers of a county are:
(a) (i) in a county operating under a county commission or expanded county
commission form of government, county commission members; or
(ii) in a county operating under one of the other forms of county government under
Subsection [
17-52-402
] 
17-52a-405
(1)(a), county legislative body members and the county
executive;
(b) a county treasurer, a sheriff, a county clerk, a county auditor, a county recorder, a
county attorney, a district attorney in a county which is part of a prosecution district, a county
surveyor, and a county assessor; and
(c) any others provided by law.
(2) Notwithstanding Subsection (1), in counties having a taxable value of less than
$100,000,000 the county clerk shall be ex officio auditor of the county and shall perform the
duties of the office without extra compensation.
Section 32. Section 
17B-2a-1106
 is amended to read:
17B-2a-1106.
Municipal services district board of trustees -- Governance.
(1) Except as provided in Subsection (2), and notwithstanding any other provision of
law regarding the membership of a local district board of trustees, the initial board of trustees
of a municipal services district shall consist of the county legislative body.
(2) (a) Notwithstanding any provision of law regarding the membership of a local
district board of trustees or the governance of a local district, and, except as provided in
Subsection (3), if a municipal services district is created in a county of the first class with the
county executive-council form of government, the initial governance of the municipal services
district is as follows:
(i) subject to Subsection (2)(b), the county council is the municipal services district
board of trustees; and
(ii) subject to Subsection (2)(c), the county executive is the executive of the municipal
services district.
(b) Notwithstanding any other provision of law, the board of trustees of a municipal
services district described in Subsection (2)(a) shall:
(i) act as the legislative body of the district; and
(ii) exercise legislative branch powers and responsibilities established for county
legislative bodies in:
(A) Title 17, Counties; and
(B) an optional plan, as defined in Section [
17-52-101
] 
17-52a-101
, adopted for a
county executive-council form of county government as described in Section [
17-52-504
]
17-52a-203
.
(c) Notwithstanding any other provision of law, in a municipal services district
described in Subsection (2)(a), the executive of the district shall:
(i) act as the executive of the district;
(ii) nominate a general manager of the municipal services district, subject to the advice
and consent of the board of trustees; and
(iii) exercise executive branch powers and responsibilities established for a county
executive in:
(A) Title 17, Counties; and
(B) an optional plan, as defined in Section [
17-52-101
] 
17-52a-101
, adopted for a
county executive-council form of county government as described in Section [
17-52-504
]
17-52a-203
.
(3) (a) If, after the initial creation of a municipal services district, an area within the
district is incorporated as a municipality as defined in Section 
10-1-104
 and the area is not
withdrawn from the district in accordance with Section 
17B-1-502
 or 
17B-1-505
, or an area
within the municipality is annexed into the municipal services district in accordance with
Section 
17B-2a-1103
, the district's board of trustees shall be as follows:
(i) subject to Subsection (3)(b), a member of that municipality's governing body;
(ii) subject to Subsection (4), two members of the county council of the county in
which the municipal services district is located; and
(iii) the total number of board members shall be an odd number.
(b) A member described in Subsection (3)(a)(i) shall be:
(i) for a municipality other than a metro township, designated by the municipal
legislative body; and
(ii) for a metro township, the chair of the metro township.
(c) A member of the board of trustees has the powers and duties described in
Subsection (2)(b).
(d) The county executive is the executive and has the powers and duties as described in
Subsection (2)(c).
(4) (a) The number of county council members may be increased or decreased to meet
the membership requirements of Subsection (3)(a)(iii) but may not be less than one.
(b) The number of county council members described in Subsection (3)(a)(ii) does not
include the county mayor.
(5) For a board of trustees described in Subsection (3), each board member's vote is
weighted using the proportion of the municipal services district population that resides:
(a) for each member described in Subsection (3)(a)(i), within that member's
municipality; and
(b) for each member described in Subsection (3)(a)(ii), within the unincorporated
county, with the members' weighted vote divided evenly if there is more than one member on
the board described in Subsection (3)(a)(ii).
(6) The board may adopt a resolution providing for future board members to be
appointed, as provided in Section 
17B-1-304
, or elected, as provided in Section 
17B-1-306
.
(7) (a) Notwithstanding Subsections 
17B-1-309
(1) or 
17B-1-310
(1), the board of
trustees may adopt a resolution to determine the internal governance of the board.
(b) A resolution adopted under Subsection (7)(a) may not alter or impair the board of
trustees' duties, powers, or responsibilities described in Subsection (2)(b) or the executive's
duties, powers, or responsibilities described in Subsection (2)(c).
(8) The municipal services district and the county may enter into an agreement for the
provision of legal services to the municipal services district.
Section 33. Section 
17C-1-203
 is amended to read:
17C-1-203.
Agency board -- Quorum.
(1) The governing body of an agency is a board consisting of the current members of
the community legislative body.
(2) A majority of board members constitutes a quorum for the transaction of agency
business.
(3) A board may not adopt a resolution, pass a motion, or take any other official board
action without the concurrence of at least a majority of the board members present at a meeting
at which a quorum is present.
(4) (a) The mayor or the mayor's designee of a municipality operating under a
council-mayor form of government, as defined in Section 
10-3b-102
:
(i) serves as the executive director of an agency created by the municipality; and
(ii) exercises the agency's executive powers.
(b) The county executive or the county executive's designee of a county operating
under a county executive-council form of government, as described in Section [
17-52-504
]
17-52a-203
:
(i) serves as the executive director of an agency created by the county; and
(ii) exercises the agency's executive powers.
Section 34. Section 
17D-2-203
 is amended to read:
17D-2-203.
Local building authority board of directors.
(1) Except as provided in Subsection (3), the members of the governing body of the
creating local entity constitute the authority board of the local building authority created by the
creating local entity.
(2) An authority board may be referred to as a board of trustees.
(3) (a) For a local building authority whose creating local entity is a county that
operates under the county commission form of government under Section [
17-52-501
]
17-52a-201
, two members of the authority board may appoint an elected officer of the county
to serve temporarily as a member of the authority board if the other authority board member:
(i) is, as a member of the county commission, placed on paid administrative leave
under Section 
17-16-10.5
;
(ii) is unable to serve due to a disability;
(iii) has a conflict of interest with respect to a matter before the authority board that
disqualifies the authority board member or causes the member to abstain from participating in
action on that matter; or
(iv) is unable for any other reason to serve temporarily on the authority board or to
participate in a matter before the board.
(b) An elected county officer appointed to an authority board under Subsection (3)(a)
may serve only until the condition under Subsection (3)(a)(i), (ii), (iii), or (iv) causing the need
for the appointment is no longer present.
Section 35. Section 
20A-1-203
 is amended to read:
20A-1-203.
Calling and purpose of special elections -- Two-thirds vote
limitations.
(1) Statewide and local special elections may be held for any purpose authorized by
law.
(2) (a) Statewide special elections shall be conducted using the procedure for regular
general elections.
(b) Except as otherwise provided in this title, local special elections shall be conducted
using the procedures for regular municipal elections.
(3) The governor may call a statewide special election by issuing an executive order
that designates:
(a) the date for the statewide special election; and
(b) the purpose for the statewide special election.
(4) The Legislature may call a statewide special election by passing a joint or
concurrent resolution that designates:
(a) the date for the statewide special election; and
(b) the purpose for the statewide special election.
(5) (a) The legislative body of a local political subdivision may call a local special
election only for:
(i) a vote on a bond or debt issue;
(ii) a vote on a voted local levy authorized by Section 
53A-16-110
 or 
53A-17a-133
;
(iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
(iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
(v) if required or authorized by federal law, a vote to determine whether or not Utah's
legal boundaries should be changed;
(vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
(vii) a vote to elect members to school district boards for a new school district and a
remaining school district, as defined in Section 
53A-2-117
, following the creation of a new
school district under Section 
53A-2-118.1
;
(viii) a vote on a municipality providing cable television services or public
telecommunications services under Section 
10-18-204
;
(ix) a vote to create a new county under Section 
17-3-1
;
(x) a vote on the creation of a study committee under Sections [
17-52-202
 and
17-52-203.5
] 
17-52a-302
 and 
17-52a-304
;
(xi) a vote on a special property tax under Section 
53A-16-110
;
(xii) a vote on the incorporation of a city in accordance with Section 
10-2a-210
;
(xiii) a vote on the incorporation of a town in accordance with Section 
10-2a-304
; or
(xiv) a vote on incorporation or annexation as described in Section 
10-2a-404
.
(b) The legislative body of a local political subdivision may call a local special election
by adopting an ordinance or resolution that designates:
(i) the date for the local special election as authorized by Section 
20A-1-204
; and
(ii) the purpose for the local special election.
(c) A local political subdivision may not call a local special election unless the
ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
two-thirds majority of all members of the legislative body, if the local special election is for:
(i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
(ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
(iii) a vote authorized or required for a sales tax issue as described in Subsection
(5)(a)(vi).
Section 36. Section 
20A-1-508
 is amended to read:
20A-1-508.
Midterm vacancies in county elected offices.
(1) As used in this section:
(a) (i) "County offices" includes the county executive, members of the county
legislative body, the county treasurer, the county sheriff, the county clerk, the county auditor,
the county recorder, the county surveyor, and the county assessor.
(ii) "County offices" does not mean the offices of president and vice president of the
United States, United States senators and representatives, members of the Utah Legislature,
state constitutional officers, county attorneys, district attorneys, and judges.
(b) "Party liaison" means the political party officer designated to serve as a liaison with
each county legislative body on all matters relating to the political party's relationship with a
county as required by Section 
20A-8-401
.
(2) (a) Until a replacement is selected as provided in this section and has qualified, the
county legislative body shall appoint an interim replacement to fill the vacant office by
following the procedures and requirements of this Subsection (2).
(b) (i) To appoint an interim replacement, the county legislative body shall give notice
of the vacancy to the party liaison of the same political party of the prior office holder and
invite that party liaison to submit the name of a person to fill the vacancy.
(ii) That party liaison shall, within 30 days, submit the name of the person selected in
accordance with the party constitution or bylaws as described in Section 
20A-8-401
 for the
interim replacement to the county legislative body.
(iii) The county legislative body shall no later than five days after the day on which a
party liaison submits the name of the person for the interim replacement appoint the person to
serve out the unexpired term.
(c) (i) If the county legislative body fails to appoint an interim replacement to fill the
vacancy in accordance with Subsection (2)(b)(iii), the county clerk shall send to the governor a
letter that:
(A) informs the governor that the county legislative body has failed to appoint a
replacement within the statutory time period; and
(B) contains the name of the person to fill the vacancy submitted by the party liaison.
(ii) The governor shall appoint the person named by the party liaison as an interim
replacement to fill the vacancy within 30 days after receipt of the letter.
(d) A person appointed as interim replacement under this Subsection (2) shall hold
office until their successor is elected and has qualified.
(3) (a) The requirements of this Subsection (3) apply to all county offices that become
vacant if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after the election at which the person was elected but before
April 10 of the next even-numbered year.
(b) (i) When the conditions established in Subsection (3)(a) are met, the county clerk
shall notify the public and each registered political party that the vacancy exists.
(ii) An individual intending to become a candidate for the vacant office shall file a
declaration of candidacy in accordance with:
(A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
(B) for a county commission office, Subsection [
17-52-501
(6) or 
17-52-502
]
17-52a-201
(6) or 
17-52a-202
(6), if applicable.
(iii) An individual who is nominated as a party candidate for the vacant office or
qualified as an independent or write-in candidate under Chapter 8, Political Party Formation
and Procedures, for the vacant office shall run in the regular general election.
(4) (a) The requirements of this Subsection (4) apply to all county offices that become
vacant if:
(i) the vacant office has an unexpired term of two years or more; and
(ii) the vacancy occurs after April 9 of the next even-numbered year but more than 75
days before the regular primary election.
(b) (i) When the conditions established in Subsection (4)(a) are met, the county clerk
shall notify the public and each registered political party that:
(A) the vacancy exists; and
(B) identifies the date and time by which a person interested in becoming a candidate
shall file a declaration of candidacy.
(ii) An individual intending to become a candidate for a vacant office shall, within five
days after the date that the notice is made, ending at the close of normal office hours on the
fifth day, file a declaration of candidacy for the vacant office in accordance with:
(A) Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy; and
(B) for a county commission office, Subsection [
17-52-501
(6) or 
17-52-502
]
17-52a-201
(6) or 
17-52a-202
(6), if applicable.
(iii) The county central committee of each party shall:
(A) select a candidate or candidates from among those qualified candidates who have
filed declarations of candidacy; and
(B) certify the name of the candidate or candidates to the county clerk at least 60 days
before the regular primary election.
(5) (a) The requirements of this Subsection (5) apply to all county offices that become
vacant:
(i) if the vacant office has an unexpired term of two years or more; and
(ii) when 75 days or less remain before the regular primary election but more than 65
days remain before the regular general election.
(b) When the conditions established in Subsection (5)(a) are met, the county central
committees of each political party registered under this title that wishes to submit a candidate
for the office shall summarily certify the name of one candidate to the county clerk for
placement on the regular general election ballot.
(6) (a) The requirements of this Subsection (6) apply to all county offices that become
vacant:
(i) if the vacant office has an unexpired term of less than two years; or
(ii) if the vacant office has an unexpired term of two years or more but 65 days or less
remain before the next regular general election.
(b) (i) When the conditions established in Subsection (6)(a) are met, the county
legislative body shall give notice of the vacancy to the party liaison of the same political party
as the prior office holder and invite that party liaison to submit the name of a person to fill the
vacancy.
(ii) That party liaison shall, within 30 days, submit the name of the person to fill the
vacancy to the county legislative body.
(iii) The county legislative body shall no later than five days after the day on which a
party liaison submits the name of the person to fill the vacancy appoint the person to serve out
the unexpired term.
(c) (i) If the county legislative body fails to appoint a person to fill the vacancy in
accordance with Subsection (6)(b)(iii), the county clerk shall send to the governor a letter that:
(A) informs the governor that the county legislative body has failed to appoint a person
to fill the vacancy within the statutory time period; and
(B) contains the name of the person to fill the vacancy submitted by the party liaison.
(ii) The governor shall appoint the person named by the party liaison to fill the vacancy
within 30 days after receipt of the letter.
(d) A person appointed to fill the vacancy under this Subsection (6) shall hold office
until their successor is elected and has qualified.
(7) Except as otherwise provided by law, the county legislative body may appoint
replacements to fill all vacancies that occur in those offices filled by appointment of the county
legislative body.
(8) Nothing in this section prevents or prohibits independent candidates from filing a
declaration of candidacy for the office within the same time limits.
(9) (a) Each person elected under Subsection (3), (4), or (5) to fill a vacancy in a
county office shall serve for the remainder of the unexpired term of the person who created the
vacancy and until a successor is elected and qualified.
(b) Nothing in this section may be construed to contradict or alter the provisions of
Section 
17-16-6
.
Section 37. Section 
20A-9-409
 is amended to read:
20A-9-409.
Primary election provisions relating to qualified political party.
(1) The fourth Tuesday of June of each even-numbered year is designated as a regular
primary election day.
(2) (a) A qualified political party that nominates one or more candidates for an elective
office under Section 
20A-9-407
 and does not have a candidate qualify as a candidate for that
office under Section 
20A-9-408
, may, but is not required to, participate in the primary election
for that office.
(b) A qualified political party that has only one candidate qualify as a candidate for an
elective office under Section 
20A-9-408
 and does not nominate a candidate for that office
under Section 
20A-9-407
, may, but is not required to, participate in the primary election for
that office.
(c) A qualified political party that nominates one or more candidates for an elective
office under Section 
20A-9-407
 and has one or more candidates qualify as a candidate for that
office under Section 
20A-9-408
 shall participate in the primary election for that office.
(d) A qualified political party that has two or more candidates qualify as candidates for
an elective office under Section 
20A-9-408
 and does not nominate a candidate for that office
under Section 
20A-9-407
 shall participate in the primary election for that office.
(3) Notwithstanding Subsection (2), in an opt-in county, as defined in Section
[
17-52-501
 or Section 
17-52-502
] 
17-52a-201
 or 
17-52a-202
, a qualified political party shall
participate in the primary election for a county commission office if:
(a) there is more than one:
(i) open position as defined in Section [
17-52-501
] 
17-52a-201
; or
(ii) midterm vacancy as defined in Section [
17-52-501
] 
17-52a-201
; and
(b) the number of candidates nominated under Section 
20A-9-407
 or qualified under
Section 
20A-9-408
 for the respective open positions or midterm vacancies exceeds the number
of respective open positions or midterm vacancies.
(4) (a) As used in this Subsection (4), a candidate is "unopposed" if:
(i) no individual other than the candidate receives a certification, from the appropriate
filing officer, for the regular primary election ballot of the candidate's registered political party
for a particular elective office; or
(ii) for an office where more than one individual is to be elected or nominated, the
number of candidates who receive certification, from the appropriate filing officer, for the
regular primary election of the candidate's registered political party does not exceed the total
number of candidates to be elected or nominated for that office.
(b) By 5 p.m. on the first Wednesday after the third Saturday in April, the lieutenant
governor shall:
(i) provide to the county clerks:
(A) a list of the names of all candidates for federal, constitutional, multi-county, single
county, and county offices who have received certifications from the appropriate filing officer,
along with instructions on how those names shall appear on the primary election ballot in
accordance with Section 
20A-6-305
; and
(B) a list of unopposed candidates for elective office who have been nominated by a
registered political party; and
(ii) instruct the county clerks to exclude unopposed candidates from the primary
election ballot.
Section 38. Section 
26A-1-102
 is amended to read:
26A-1-102.
Definitions.
As used in this part:
(1) "Board" means a local board of health established under Section 
26A-1-109
.
(2) "County governing body" means one of the types of county government provided
for in Title 17, Chapter 52
a
, Part [
] 
, Forms of County Government.
(3) "County health department" means a local health department that serves a county
and municipalities located within that county.
(4) "Department" means the Department of Health created in Title 26, Chapter 1,
Department of Health Organization.
(5) "Local health department" means:
(a) a single county local health department;
(b) a multicounty local health department;
(c) a united local health department; or
(d) a multicounty united local health department.
(6) "Mental health authority" means a local mental health authority created in Section
17-43-301
.
(7) "Multicounty local health department" means a local health department that is
formed under Section 
26A-1-105
 and that serves two or more contiguous counties and
municipalities within those counties.
(8) "Multicounty united local health department" means a united local health
department that is formed under Section 
26A-1-105.5
 and that serves two or more contiguous
counties and municipalities within those counties.
(9) "Single county local health department" means a local health department that is
created by the governing body of one county to provide services to the county and the
municipalities within that county.
(10) "Substance abuse authority" means a local substance abuse authority created in
Section 
17-43-201
.
(11) "United local health department":
(a) means a substance abuse authority, a mental health authority, and a local health
department that join together under Section 
26A-1-105.5
; and
(b) includes a multicounty united local health department.
Section 39. Section 
59-2-919
 is amended to read:
59-2-919.
Notice and public hearing requirements for certain tax increases --
Exceptions.
(1) As used in this section:
(a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
(b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
revenue from:
(i) eligible new growth as defined in Section 
59-2-924
; or
(ii) personal property that is:
(A) assessed by a county assessor in accordance with Part 3, County Assessment; and
(B) semiconductor manufacturing equipment.
(c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
that begins on January 1 and ends on December 31.
(d) "County executive calendar year taxing entity" means a calendar year taxing entity
that operates under the county executive-council form of government described in Section
[
17-52-504
] 
17-52a-203
.
(e) "Current calendar year" means the calendar year immediately preceding the
calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate.
(f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
begins on July 1 and ends on June 30.
(g) "Last year's property tax budgeted revenue" does not include revenue received by a
taxing entity from a debt service levy voted on by the public.
(2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
rate unless the taxing entity meets:
(a) the requirements of this section that apply to the taxing entity; and
(b) all other requirements as may be required by law.
(3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate if the calendar year taxing entity:
(i) 14 or more days before the date of the regular general election or municipal general
election held in the current calendar year, states at a public meeting:
(A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
calendar year taxing entity's certified tax rate;
(B) the dollar amount of and purpose for additional ad valorem tax revenue that would
be generated by the proposed increase in the certified tax rate; and
(C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
based on the proposed increase described in Subsection (3)(a)(i)(B);
(ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
separate item on the meeting agenda that notifies the public that the calendar year taxing entity
intends to make the statement described in Subsection (3)(a)(i);
(iii) meets the advertisement requirements of Subsections (6) and (7) before the
calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
(iv) provides notice by mail:
(A) seven or more days before the regular general election or municipal general
election held in the current calendar year; and
(B) as provided in Subsection (3)(c); and
(v) conducts a public hearing that is held:
(A) in accordance with Subsections (8) and (9); and
(B) in conjunction with the public hearing required by Section 
17-36-13
 or 
17B-1-610
.
(b) (i) For a county executive calendar year taxing entity, the statement described in
Subsection (3)(a)(i) shall be made by the:
(A) county council;
(B) county executive; or
(C) both the county council and county executive.
(ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
county council states a dollar amount of additional ad valorem tax revenue that is greater than
the amount of additional ad valorem tax revenue previously stated by the county executive in
accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
(A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing under Subsection
(3)(a)(v); and
(B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
county executive calendar year taxing entity conducts the public hearing required by
Subsection (3)(a)(v).
(c) The notice described in Subsection (3)(a)(iv):
(i) shall be mailed to each owner of property:
(A) within the calendar year taxing entity; and
(B) listed on the assessment roll;
(ii) shall be printed on a separate form that:
(A) is developed by the commission;
(B) states at the top of the form, in bold upper-case type no smaller than 18 point
"NOTICE OF PROPOSED TAX INCREASE"; and
(C) may be mailed with the notice required by Section 
59-2-1317
;
(iii) shall contain for each property described in Subsection (3)(c)(i):
(A) the value of the property for the current calendar year;
(B) the tax on the property for the current calendar year; and
(C) subject to Subsection (3)(d), for the calendar year for which the calendar year
taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
rate, the estimated tax on the property;
(iv) shall contain the following statement:
"[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
year]. This notice contains estimates of the tax on your property and the proposed tax increase
on your property as a result of this tax increase. These estimates are calculated on the basis of
[insert previous applicable calendar year] data. The actual tax on your property and proposed
tax increase on your property may vary from this estimate.";
(v) shall state the date, time, and place of the public hearing described in Subsection
(3)(a)(v); and
(vi) may contain other property tax information approved by the commission.
(d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
calculate the estimated tax on property on the basis of:
(i) data for the current calendar year; and
(ii) the amount of additional ad valorem tax revenue stated in accordance with this
section.
(4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
(a) provides notice by meeting the advertisement requirements of Subsections (6) and
(7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
taxing entity's annual budget is adopted; and
(b) conducts a public hearing in accordance with Subsections (8) and (9) before the
fiscal year taxing entity's annual budget is adopted.
(5) (a) A taxing entity is not required to meet the notice or public hearing requirements
of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
the requirements of this section.
(b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
(4) if:
(i) Section 
53A-17a-133
 allows the taxing entity to levy a tax rate that exceeds that
certified tax rate without having to comply with the notice provisions of this section; or
(ii) the taxing entity:
(A) budgeted less than $20,000 in ad valorem tax revenues for the previous fiscal year;
and
(B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
revenues.
(6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
section shall be published:
(i) subject to Section 
45-1-101
, in a newspaper or combination of newspapers of
general circulation in the taxing entity;
(ii) electronically in accordance with Section 
45-1-101
; and
(iii) on the Utah Public Notice Website created in Section 
63F-1-701
.
(b) The advertisement described in Subsection (6)(a)(i) shall:
(i) be no less than 1/4 page in size;
(ii) use type no smaller than 18 point; and
(iii) be surrounded by a 1/4-inch border.
(c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
portion of the newspaper where legal notices and classified advertisements appear.
(d) It is the intent of the Legislature that:
(i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
newspaper that is published at least one day per week; and
(ii) the newspaper or combination of newspapers selected:
(A) be of general interest and readership in the taxing entity; and
(B) not be of limited subject matter.
(e) (i) The advertisement described in Subsection (6)(a)(i) shall:
(A) except as provided in Subsection (6)(f), be run once each week for the two weeks
before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(ii) The advertisement described in Subsection (6)(a)(ii) shall:
(A) be published two weeks before a taxing entity conducts a public hearing described
in Subsection (3)(a)(v) or (4)(b); and
(B) state that the taxing entity will meet on a certain day, time, and place fixed in the
advertisement, which shall be seven or more days after the day the first advertisement is
published, for the purpose of hearing comments regarding any proposed increase and to explain
the reasons for the proposed increase.
(f) If a fiscal year taxing entity's public hearing information is published by the county
auditor in accordance with Section 
59-2-919.2
, the fiscal year taxing entity is not subject to the
requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
the advertisement once during the week before the fiscal year taxing entity conducts a public
hearing at which the taxing entity's annual budget is discussed.
(g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
advertisement shall be substantially as follows:
"NOTICE OF PROPOSED TAX INCREASE
(NAME OF TAXING ENTITY)
The (name of the taxing entity) is proposing to increase its property tax revenue.
• The (name of the taxing entity) tax on a (insert the average value of a residence
in the taxing entity rounded to the nearest thousand dollars) residence would
increase from $______ to $________, which is $_______ per year.
• The (name of the taxing entity) tax on a (insert the value of a business having
the same value as the average value of a residence in the taxing entity) business
would increase from $________ to $_______, which is $______ per year.
• If the proposed budget is approved, (name of the taxing entity) would increase
its property tax budgeted revenue by ___% above last year's property tax budgeted revenue
excluding eligible new growth.
All concerned citizens are invited to a public hearing on the tax increase.
PUBLIC HEARING
Date/Time: (date) (time)
Location: (name of meeting place and address of meeting place)
To obtain more information regarding the tax increase, citizens may contact the (name
of the taxing entity) at (phone number of taxing entity)."
(7) The commission:
(a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
two or more taxing entities; and
(b) subject to Section 
45-1-101
, may authorize:
(i) the use of a weekly newspaper:
(A) in a county having both daily and weekly newspapers if the weekly newspaper
would provide equal or greater notice to the taxpayer; and
(B) if the county petitions the commission for the use of the weekly newspaper; or
(ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
if:
(A) the cost of the advertisement would cause undue hardship;
(B) the direct notice is different and separate from that provided for in Section
59-2-919.1
; and
(C) the taxing entity petitions the commission for the use of a commission approved
direct notice.
(8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
legislative body in which the fiscal year taxing entity is located of the date, time, and place of
the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.
(B) A county that receives notice from a fiscal year taxing entity under Subsection
(8)(a)(i)(A) shall include on the notice required by Section 
59-2-919.1
 the date, time, and place
of the public hearing described in Subsection (8)(a)(i)(A).
(ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
year, notify the county legislative body in which the calendar year taxing entity is located of the
date, time, and place of the first public hearing at which the calendar year taxing entity's annual
budget will be discussed.
(b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be open to the
public.
(ii) The governing body of a taxing entity conducting a public hearing described in
Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
opportunity to present oral testimony within reasonable time limits.
(c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
of another overlapping taxing entity in the same county.
(ii) The taxing entities in which the power to set tax levies is vested in the same
governing board or authority may consolidate the public hearings described in Subsection
(3)(a)(v) or (4)(b) into one public hearing.
(d) A county legislative body shall resolve any conflict in public hearing dates and
times after consultation with each affected taxing entity.
(e) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
(4)(b) beginning at or after 6 p.m.
(9) (a) If a taxing entity does not make a final decision on budgeting additional ad
valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
entity shall announce at that public hearing the scheduled time and place of the next public
meeting at which the taxing entity will consider budgeting the additional ad valorem tax
revenue.
(b) A calendar year taxing entity may not adopt a final budget that budgets an amount
of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
tax revenue stated at a public meeting under Subsection (3)(a)(i).
(c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's
certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
annual budget.
Section 40. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
(1) Subsection 
17-27a-102
(1)(b), the language that states "or a designated mountainous
planning district" is repealed June 1, 2020.
(2) (a) Subsection 
17-27a-103
(15)(b) is repealed June 1, 2020.
(b) Subsection 
17-27a-103
(37) is repealed June 1, 2020.
(3) Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous planning
district area" is repealed June 1, 2020.
(4) (a) Subsection 
17-27a-301
(1)(b)(iii) is repealed June 1, 2020.
(b) Subsection 
17-27a-301
(1)(c) is repealed June 1, 2020.
(c) Subsection 
17-27a-301
(2)(a), the language that states "described in Subsection
(1)(a) or (c)" is repealed June 1, 2020.
(5) Subsection 
17-27a-302
(1), the language that states ", or mountainous planning
district" and "or the mountainous planning district," is repealed June 1, 2020.
(6) Subsection 
17-27a-305
(1)(a), the language that states "a mountainous planning
district or" and ", as applicable" is repealed June 1, 2020.
(7) (a) Subsection 
17-27a-401
(1)(b)(ii) is repealed June 1, 2020.
(b) Subsection 
17-27a-401
(6) is repealed June 1, 2020.
(8) (a) Subsection 
17-27a-403
(1)(b)(ii) is repealed June 1, 2020.
(b) Subsection 
17-27a-403
(1)(c)(iii) is repealed June 1, 2020.
(c) Subsection (2)(a)(iii), the language that states "or the mountainous planning
district" is repealed June 1, 2020.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, 2020.
(9) Subsection 
17-27a-502
(1)(d)(i)(B) is repealed June 1, 2020.
(10) Subsection 
17-27a-505.5
(2)(a)(iii) is repealed June 1, 2020.
(11) Subsection 
17-27a-602
(1)(b), the language that states "or, in the case of a
mountainous planning district, the mountainous planning district" is repealed June 1, 2020.
(12) Subsection 
17-27a-604
(1)(b)(i)(B) is repealed June 1, 2020.
(13) Subsection 
17-27a-605
(1), the language that states "or mountainous planning
district land" is repealed June 1, 2020.
(14) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2020.
(15) On June 1, 2020, when making the changes in this section, the Office of
Legislative Research and General Counsel shall:
(a) in addition to its authority under Subsection 
36-12-12
(3), make corrections
necessary to ensure that sections and subsections identified in this section are complete
sentences and accurately reflect the office's understanding of the Legislature's intent; and
(b) identify the text of the affected sections and subsections based upon the section and
subsection numbers used in Laws of Utah 2017, Chapter 448.
(16) On June 1, 2020:
(a) Section 
17-52a-104
 is repealed;
(b) in Subsection 
17-52a-301
(3)(a), the language that states "or under a provision
described in Subsection 
17-52a-104
(2)," is repealed;
(c) Subsection 
17-52a-301
(3)(a)(vi) is repealed;
(d) in Subsection 
17-52a-501
(1), the language that states "or, for a county under a
pending process described in Section 
17-52a-104
, under Section 
17-52-204
 as that section was
in effect on the day immediately before the day on which this bill takes effect," is repealed; and
(e) in Subsection 
17-52a-501
(3)(a), the language that states "or, for a county under a
pending process described in Section 
17-52a-104
, the attorney's report that is described in
Section 
17-52-204
 as that section was in effect on the day immediately before the day on which
this bill takes effect and that contains a statement described in Subsection 
17-52-204
(5) as that
subsection was in effect on the day immediately before the day on which this bill takes effect,"
is repealed.
(17) On January 1, 2028, Subsection 
17-52a-102
(3) is repealed.
Section 41. Section 
68-3-12.5
 is amended to read:
68-3-12.5.
Definitions for Utah Code.
(1) The definitions listed in this section apply to the Utah Code, unless:
(a) the definition is inconsistent with the manifest intent of the Legislature or repugnant
to the context of the statute; or
(b) a different definition is expressly provided for the respective title, chapter, part,
section, or subsection.
(2) "Adjudicative proceeding" means:
(a) an action by a board, commission, department, officer, or other administrative unit
of the state that determines the legal rights, duties, privileges, immunities, or other legal
interests of one or more identifiable persons, including an action to grant, deny, revoke,
suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(b) judicial review of an action described in Subsection (2)(a).
(3) "Administrator" includes "executor" when the subject matter justifies the use.
(4) "Advisory board," "advisory commission," and "advisory council" mean a board,
commission, committee, or council that:
(a) is created by, and whose duties are provided by, statute or executive order;
(b) performs its duties only under the supervision of another person as provided by
statute; and
(c) provides advice and makes recommendations to another person that makes policy
for the benefit of the general public.
(5) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps,
and Coast Guard.
(6) "County executive" means:
(a) the county commission, in the county commission or expanded county commission
form of government established under Title 17, Chapter 52
a
, Changing Forms of County
Government;
(b) the county executive, in the county executive-council optional form of government
authorized by Section [
17-52-504
] 
17-52a-203
; or
(c) the county manager, in the council-manager optional form of government
authorized by Section [
17-52-505
] 
17-52a-204
.
(7) "County legislative body" means:
(a) the county commission, in the county commission or expanded county commission
form of government established under Title 17, Chapter 52
a
, Changing Forms of County
Government;
(b) the county council, in the county executive-council optional form of government
authorized by Section [
17-52-504
] 
17-52a-203
; and
(c) the county council, in the council-manager optional form of government authorized
by Section [
17-52-505
] 
17-52a-204
.
(8) "Depose" means to make a written statement made under oath or affirmation.
(9) "Executor" includes "administrator" when the subject matter justifies the use.
(10) "Guardian" includes a person who:
(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary
or court appointment; or
(b) is appointed by a court to manage the estate of a minor or incapacitated person.
(11) "Highway" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
(12) "Intellectual disability" means a significant, subaverage general intellectual
functioning that:
(a) exists concurrently with deficits in adaptive behavior; and
(b) is manifested during the developmental period as defined in the current edition of
the Diagnostic and Statistical Manual of Mental Disorders, published by the American
Psychiatric Association.
(13) "Intermediate care facility for people with an intellectual disability" means an
intermediate care facility for the mentally retarded, as defined in Title XIX of the Social
Security Act.
(14) "Land" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(15) "Month" means a calendar month, unless otherwise expressed.
(16) "Oath" includes "affirmation."
(17) "Person" means:
(a) an individual;
(b) an association;
(c) an institution;
(d) a corporation;
(e) a company;
(f) a trust;
(g) a limited liability company;
(h) a partnership;
(i) a political subdivision;
(j) a government office, department, division, bureau, or other body of government;
and
(k) any other organization or entity.
(18) "Personal property" includes:
(a) money;
(b) goods;
(c) chattels;
(d) effects;
(e) evidences of a right in action;
(f) a written instrument by which a pecuniary obligation, right, or title to property is
created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
(g) a right or interest in an item described in Subsections (18)(a) through (f).
(19) "Personal representative," "executor," and "administrator" include:
(a) an executor;
(b) an administrator;
(c) a successor personal representative;
(d) a special administrator; and
(e) a person who performs substantially the same function as a person described in
Subsections (19)(a) through (d) under the law governing the person's status.
(20) "Policy board," "policy commission," or "policy council" means a board,
commission, or council that:
(a) is authorized to make policy for the benefit of the general public;
(b) is created by, and whose duties are provided by, the constitution or statute; and
(c) performs its duties according to its own rules without supervision other than under
the general control of another person as provided by statute.
(21) "Population" is shown by the most recent state or national census, unless expressly
provided otherwise.
(22) "Process" means a writ or summons issued in the course of a judicial proceeding.
(23) "Property" includes both real and personal property.
(24) "Real estate" or "real property" includes:
(a) land;
(b) a tenement;
(c) a hereditament;
(d) a water right;
(e) a possessory right; and
(f) a claim.
(25) "Review board," "review commission," and "review council" mean a board,
commission, committee, or council that:
(a) is authorized to approve policy made for the benefit of the general public by another
body or person;
(b) is created by, and whose duties are provided by, statute; and
(c) performs its duties according to its own rules without supervision other than under
the general control of another person as provided by statute.
(26) "Road" includes:
(a) a public bridge;
(b) a county way;
(c) a county road;
(d) a common road; and
(e) a state road.
(27) "Signature" includes a name, mark, or sign written with the intent to authenticate
an instrument or writing.
(28) "State," when applied to the different parts of the United States, includes a state,
district, or territory of the United States.
(29) "Swear" includes "affirm."
(30) "Testify" means to make an oral statement under oath or affirmation.
(31) "Uniformed services" means:
(a) the armed forces;
(b) the commissioned corps of the National Oceanic and Atmospheric Administration;
and
(c) the commissioned corps of the United States Public Health Service.
(32) "United States" includes each state, district, and territory of the United States of
America.
(33) "Utah Code" means the 1953 recodification of the Utah Code, as amended, unless
the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
(b) (i) after the day described in Subsection (33)(a); and
(ii) before the most recent amendment to the referenced portion of the 1953
recodification of the Utah Code.
(34) "Vessel," when used with reference to shipping, includes a steamboat, canal boat,
and every structure adapted to be navigated from place to place.
(35) (a) "Veteran" means an individual who:
(i) has served in the United States Armed Forces for at least 180 days:
(A) on active duty; or
(B) in a reserve component, to include the National Guard; or
(ii) has incurred an actual service-related injury or disability while in the United States
Armed Forces regardless of whether the individual completed 180 days; and
(iii) was separated or retired under conditions characterized as honorable or general.
(b) This definition is not intended to confer eligibility for benefits.
(36) "Will" includes a codicil.
(37) "Writ" means an order or precept in writing, issued in the name of:
(a) the state;
(b) a court; or
(c) a judicial officer.
(38) "Writing" includes:
(a) printing;
(b) handwriting; and
(c) information stored in an electronic or other medium if the information is retrievable
in a perceivable format.
Section 42. 
Repealer.
This bill repeals:
Section 
17-52-207
,
Election of officers under optional plan.
Section 43. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 44. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the following references:
(1) in Section 
17-52a-104
, from "the effective date of this bill" to the bill's actual
effective date;
(2) in Subsection 
17-52a-104
(1)(a), from "this bill" to the bill's designated chapter
number in the Laws of Utah; and
(3) in Subsections 
17-52a-104
(1)(b)(i), (2)(a)(i), and (2)(a)(ii), 
17-52a-501
(1) and
(3)(a), and 
63I-2-217
(16)(d) and (e) from "the day immediately before the day on which this
bill takes effect" to the actual date before the day that the bill takes effect.