Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 61 (2020GS)

Sponsor

Rep. Wilde, L.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends definitions;
• 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;
• authorizes, without an election, the establishment of a committee to study changing the county form of government after a successful petition or motion of a county legislative body;
• after a completed process to change the county form of government, prohibits the county legislative body or registered voters from initiating the process again until four years after the new county officers are elected;
• removes certain procedural restrictions based on county population size;
• amends the signature thresholds for a citizen petition to establish a study committee or propose an optional plan for adoption and prohibits the use of electronic signatures;
• requires petition sponsors to file financial disclosures;
• amends study committee membership and qualifications;
• limits the time frame allowed for a study committee to alter its proposed optional plan;
• prohibits a proposed optional plan from including certain provisions, including language specifying districts of county officials or compensation;
• limits the citizens or the county legislative body of a county of the fifth or sixth class to proposing either the county commission or expanded county commission form of government;
• requires the county to hold an election on a proposed optional plan at the next regular general election that is no sooner than 65 days after the county attorney submits a report on the proposed optional plan;
• requires the county clerk to prepare a voter information pamphlet on a proposed optional plan;

Every vote on this bill

Bill text

AMENDMENTS TO COUNTY FORM OF GOVERNMENT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Logan Wilde
Senate Sponsor: 
Ronald Winterton
LONG TITLE
General Description:
This bill amends provisions related to changing a county form of government.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ 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;
▸ authorizes, without an election, the establishment of a committee to study changing
the county form of government after a successful petition or motion of a county
legislative body;
▸ after a completed process to change the county form of government, prohibits the
county legislative body or registered voters from initiating the process again until
four years after the new county officers are elected;
▸ removes certain procedural restrictions based on county population size;
▸ amends the signature thresholds for a citizen petition to establish a study committee
or propose an optional plan for adoption and prohibits the use of electronic
signatures;
▸ requires petition sponsors to file financial disclosures;
▸ amends study committee membership and qualifications;
▸ limits the time frame allowed for a study committee to alter its proposed optional
plan;
▸ prohibits a proposed optional plan from including certain provisions, including
language specifying districts of county officials or compensation;
▸ limits the citizens or the county legislative body of a county of the fifth or sixth
class to proposing either the county commission or expanded county commission
form of government;
▸ requires the county to hold an election on a proposed optional plan at the next
regular general election that is no sooner than 65 days after the county attorney
submits a report on the proposed optional plan;
▸ requires the county clerk to prepare a voter information pamphlet on a proposed
optional plan;
▸ after an election in which an optional plan is adopted, requires the county legislative
body to adopt geographic district boundaries, compensation, and benefits for new
county officers;
▸ repeals Title 17, Chapter 35b, Consolidation of Local Government Units and other
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:
17-52a-102
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-103
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-104
, as enacted by Laws of Utah 2018, Chapter 68
17-52a-301
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-302
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-303
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-305
, as enacted by Laws of Utah 2018, Chapter 68
17-52a-402
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-403
, as last amended by Laws of Utah 2019, Chapter 136
17-52a-404
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-405
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-406
, as last amended by Laws of Utah 2019, Chapter 136
17-52a-501
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-502
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-503
, as renumbered and amended by Laws of Utah 2018, Chapter 68
20A-1-203
, as last amended by Laws of Utah 2019, Chapter 165
63I-2-217
, as last amended by Laws of Utah 2019, Chapters 136, 252, 327, 384, 510
and last amended by Coordination Clause, Laws of Utah 2019, Chapter 384
REPEALS:
17-52a-304
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-401
, as renumbered and amended by Laws of Utah 2018, Chapter 68
Utah Code Sections Affected by Revisor Instructions:
17-52a-103
, as renumbered and amended by Laws of Utah 2018, Chapter 68
17-52a-104
, as enacted by Laws of Utah 2018, Chapter 68
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-52a-102
 is amended to read:
17-52a-102.
Definitions.
As used in this chapter:
[
(1) "Appointment council" means 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):
]
[
(A) a resident of the county in which the optional plan is proposed, designated by the
petition sponsors; and
]
[
(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.
]
[
(3)
] 
(1)
 "Optional plan" means a plan establishing an alternate form of government for
a county as provided in Section 
17-52a-404
.
[
(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).
]
[
(5)
] 
(2)
 "Study committee" means the committee that [
has seven members:
] 
has five
members appointed and charged with the duties as provided in Section 
17-52a-403
.
[
(a) appointed under Section 
17-52a-401
; and
]
[
(b) charged with the duties provided in Section 
17-52a-403
.
]
Section 2. Section 
17-52a-103
 is amended to read:
17-52a-103.
Forms of county government -- County commission form required
unless another is adopted -- Restrictions on form of county government.
(1) Subject to Subsection (2), each county shall operate under one of the following
forms of county government:
(a) the county commission form under Section 
17-52a-201
;
(b) the expanded county commission form under Section 
17-52a-202
;
(c) the county executive and council form under Section 
17-52a-203
; or
(d) the council-manager form under Section 
17-52a-204
.
(2) Unless a county adopts another form of government as provided in this chapter, the
county shall operate under the county commission form of government under Section
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).
(4) In a county of the fifth or sixth class, if the county legislative body under Section
17-52a-302
 or the registered voters under Section 
17-52a-303
, after the effective date of this
bill, initiate the process to adopt an optional plan, the proposed optional plan may only propose
a form of government authorized under Section 
17-52a-405
.
Section 3. Section 
17-52a-104
 is amended to read:
17-52a-104.
Applicability of former provisions to pending process.
(1) 
(a)
 If, on March 15, 2018, a county is under a pending process described in
Subsection [
(2)
] 
(1)(b)
 to change the county's form of government:
[
(a)
] 
(i)
 except as provided in this section, the provisions of Laws of Utah 2018,
Chapter 68 do not apply to that pending process; and
[
(b)
] 
(ii)
 that pending process is governed by:
[
(i)
] 
(A)
 the provisions of law that were in effect on March 14, 2018;
[
(ii)
] 
(B)
 Subsection 
17-52a-301
(3) 
as it was in effect on the day immediately before
the day on which this bill takes effect
;
[
(iii)
] 
(C)
 Subsections 
17-52a-501
(1)(a) and (3)(a) 
as each was in effect on the day
immediately before the day on which this bill takes effect
; and
[
(iv)
] 
(D)
 Subsection [
(3)
] 
(1)(c) as it was in effect on the day immediately before the
day on which this bill takes effect
.
[
(2)
] 
(b)
 A process of changing a county's form of government is pending under
Subsection (1)
(a)
 if, as of March 15, 2018:
[
(a)
] (i) 
(A)
 the county legislative body had adopted a resolution in accordance with the
provisions of law that were in effect on March 14, 2018 to change the county's form of
government; or
[
(ii)
] 
(B)
 registered voters had begun collecting signatures in accordance with the
provisions of law that were in effect on March 14, 2018 for a petition to change the county's
form of government; and
[
(b)
] 
(ii)
 the process of changing the county's form of government initiated under
Subsection [
(2)(a)
] 
(1)(b)(i)
 has not concluded.
[
(3) (a)
] 
(c) (i)
 To continue a pending process described in Subsection [
(2)(a)(ii)
]
(1)(b)(i)(B)
, registered voters that initiated the process shall submit a sufficient number of valid
signatures to the county clerk within 180 days after March 15, 2018.
[
(b)
] 
(ii)
 If the registered voters fail to comply with Subsection [
(3)(a)
] 
(1)(c)(i)
, the
pending process is concluded under Subsection 
17-52a-301
(3)(a)[
(vi)
]
(v)
(A).
(2) (a) If, on the effective date of this bill, a county is under a pending process
described in Subsection (2)(b) to change the county's form of government:
(i) except as provided in this Subsection (2), the provisions of this bill do not apply to
that pending process; and
(ii) that pending process is governed by:
(A) the provisions of law that were in effect on the day immediately before the day on
which this bill takes effect; and
(B) Subsection (2)(c).
(b) A process of changing a county's form of government is pending under Subsection
(1) if, on the effective date of this bill:
(i) (A) 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
(B) 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
(ii) the process of changing the county's form of government initiated under Subsection
(2)(b)(i) has not concluded.
(c) (i) To continue a pending process described in Subsection (2)(b)(i)(B), 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.
(ii) If the registered voters fail to comply with Subsection (2)(c)(i), the pending process
is concluded under Subsection 
17-52a-301
(3)(a)(v)(A).
Section 4. Section 
17-52a-301
 is amended to read:
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 
17-52a-302
; or
(b) registered voters of the county as provided in Section 
17-52a-303
.
(3) (a) If the process to adopt an optional plan is initiated under Laws of Utah 1973,
Chapter 26, Section 3, 4, or 5, or Section 
17-52a-302
 or 
17-52a-303
, or under a provision
described in Subsection 
17-52a-104
[
(2)
] 
(1)(b) or (2)(b)
, the county legislative body may not
initiate the process again under Section 
17-52a-302
, and registered voters may not initiate the
process again under Section 
17-52a-303
, until:
(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;
[
(iii) the first initiated process has not 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)
] 
(iii)
 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)
] 
(iv)
 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)
]
(1)(c)(i) or (2)(c)(i)
; or
(B) under a provision described in Subsection 
17-52a-104
(1)[
(b)
]
(a)(ii) or (2)(a)(ii)
.
(b) A county legislative body may not initiate the process to adopt an optional plan
under Section 
17-52a-302
 within four years of an election at which voters [
approved or
rejected
] 
first elect elected county officials in accordance with Section 
17-52a-503
 and as
specified in
 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 
17-52a-303
 within four years of an election at which voters [
approved or
rejected
] 
first elect elected county officials in accordance with Section 
17-52a-503
 and as
specified in
 an optional plan proposed as a result of a process initiated by registered voters.
Section 5. Section 
17-52a-302
 is amended to read:
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
17-52a-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) The county legislative body shall ensure that a resolution adopted under
Subsection (1):
]
[
(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 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),
]
(1) (a) A county legislative body may only initiate the process of adopting an optional
plan by:
(i) approving a motion to establish a study committee to study changing the form of
government; and
(ii) adopting a resolution to submit to the voters the question of whether the county
should adopt an optional plan proposed by the study committee described in Subsection
(1)(a)(i).
(b) The county legislative body may not submit to the voters an optional plan unless
the optional plan complies with the requirements of Sections 
17-52a-404
 and 
17-52a-405
.
(2) (a) No later than 10 days after the day on which the county legislative body
approves a motion as described in Subsection (1)(a)(i), the county legislative body shall notify
the county executive of the county legislative body's approval to establish a study committee.
(b) No later than 10 days after the day on which the county legislative body adopts a
resolution as described in Subsection (1)(a)(ii),
 the legislative body shall send a copy of the
optional plan that the legislative body recommends to:
[
(a)
] 
(i)
 the county clerk; and
[
(b)
] 
(ii)
 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 6. Section 
17-52a-303
 is amended to read:
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 described in Section [
17-52a-401
]
17-52a-403
; 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
.
(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).
(b) 
(i)
 [
To be considered valid, the petition is required to be signed by registered voters
residing in the county equal in number to at least 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 at which
a president of the United States was elected
] 
Except as provided in Subsection (2)(b)(ii), the
petition is valid if the petition contains the number of legal signatures required under
Subsection 
20A-7-501
(2)
.
(ii) For a county of the fifth or sixth class, the petition is valid if the petition contains at
least the number of legal signatures equal to 30% of the number of active voters, as defined in
Section 
20A-7-501
, in the county.
(iii) The county clerk may not count a signature that was collected for the petition
before the petition sponsors filed a notice of intent under Subsection (1)(a).
(iv) Notwithstanding any other provision of law, an individual may not sign a petition
circulated under this section by electronic signature as defined in Section 
20A-1-202
.
(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).
(d) (i) Within 30 days after the day on which the sponsors submit a petition, the
sponsors shall submit financial disclosures to the county clerk that include:
(A) a list of each contribution received by the sponsors and the name of the donor; and
(B) a list of each expenditure for purposes of furthering or sponsoring the petition and
the recipient of each expenditure.
(ii) The county clerk shall publish the financial disclosures described in Subsection
(2)(d)(i).
(iii) All sponsors of a petition shall date and sign each list described in Subsection
(2)(d)(i).
(3) Within 30 days after the day on which the sponsors submit a petition under
Subsection (2)(c) or an amended or supplemental petition under Subsection (4), the county
clerk shall:
(a) determine whether the petition or amended or supplemental petition has been
signed by the required number of registered voters;
(b) (i) if the petition was signed by a sufficient number of registered voters:
(A) certify the petition;
(B) deliver the petition to the county legislative body 
and county executive
; and
(C) notify the contact sponsor in writing of the certification; or
(ii) if the petition was not signed by a sufficient number of registered voters:
(A) reject the petition; and
(B) notify the county legislative body and the contact sponsor in writing of the
rejection and the reasons for the rejection; and
(c) for a petition described in Subsection (1)(a)(ii), [
within
] 
no later than
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).
(5) With the unanimous approval of petition sponsors, a petition filed under this
section may be withdrawn at any time within 90 days after 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 
17-52a-501
 if[
:(a) 
] the petition 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) 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 7. Section 
17-52a-305
 is amended 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)
]
(1)(a)(ii)
; 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 8. Section 
17-52a-402
 is amended to read:
17-52a-402.
Convening of first meeting of study committee.
(1) The county executive shall convene the first meeting of the study committee
[
within
] 
no later than
days after 
the day on which
 the county executive receives [
the
]
notification [
described in Subsection 
17-52a-401
(3)(a) of the study committee members'
appointment.
]
:
(a) of the establishment of a study committee by the county legislative body as
described in Section 
17-52a-302
; or
(b) of a certified petition from the county clerk as described in Section 
17-52a-303
.
(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 9. Section 
17-52a-403
 is amended to read:
17-52a-403.
Study committee -- Members -- Powers and duties -- Proposed plan
and report -- Services provided by county.
(1) (a) A study committee consists of [
seven members.
]
:
(i) for a study committee established by the county legislative body under Section
17-52a-302
, five members appointed by the county legislative body; or
(ii) for a study committee established by the registered voters through a petition under
Section 
17-52a-303
:
(A) two members appointed by the sponsors of the petition;
(B) two members appointed by the county legislative body; and
(C) one member appointed by the county's council of governments.
(b) A member of a study committee
:
(i)
 may not receive compensation for service on the 
study
 committee[
.
]
;
(ii) may not hold an elected county office or have filed a current declaration of
candidacy for an elected county office; and
(iii) shall be a registered voter.
(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 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 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) A study committee shall:
(i) study the form of government within the county and compare it with other forms
available under this chapter;
(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;
(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
(iv) file a written report of the study committee's findings and recommendations with
the county executive, the county legislative body, and the county clerk no later than one year
after the convening of the study committee's first meeting under Section 
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
] 
the
 optional plan recommended in the report for review in accordance with
Section 
17-52a-406
.
(4) Each study committee report under Subsection (3)(a)(iv) 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 
optional
 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)(a)(iv) and, following the hearings and subject to Subsection (5)(b), alter
the report 
or proposed optional plan
.
(b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration
to the report 
or proposed optional plan
:
(i) that would recommend the adoption of an optional form different from that
recommended in the original report; or
(ii) within the [
120-day
] 
160-day
 period before the election under Section 
17-52a-501
.
(6) Each meeting 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.
(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.
(9) The county legislative body may not interfere with the work of the study
committee.
Section 10. Section 
17-52a-404
 is amended to read:
17-52a-404.
Contents of proposed optional plan.
(1) 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
] 
an
 optional plan the committee[
, legislative body,
]
or registered voters propose under this chapter, respectively:
(a) proposes the adoption of one of the forms of county government [
listed
] 
authorized
in Subsection 
17-52a-405
(1)(a);
(b) 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) specifies the date 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 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
:
(a)
 include any provision that is inconsistent with or prohibited by the Utah
Constitution or any statute[
.
]
;
(b) specify compensation, including benefits, for any appointed or elected county
official;
(c) specify the full or part-time status of any appointed or elected county official; or
(d) if the optional plan specifies that county council or commission members are to be
elected from districts, establish, divide, abolish, alter, change, or otherwise attempt to draw
boundaries of election districts or impair the duties of the county legislative body as described
in Section 
17-52a-503
.
(4) The optional plan proponent described in Subsection (1) shall ensure that [
each
] 
an
optional plan proposing to change the form of government to the county executive-council
form under Section 
17-52a-203
 or the council-manager form under Section 
17-52a-204
:
(a) provides for the same executive and legislative officers as are specified in the
applicable section for the form of government that the optional plan proposes;
(b) provides for the election of the county council;
(c) specifies the number of county council members, which shall be an odd number
from three to nine;
(d) 
subject to Subsection (3)(d),
 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) specifies county council members' qualifications and terms and whether the terms
are to be staggered; 
and
(f) contains procedures for filling vacancies on the county council, consistent with the
provisions of Section 
20A-1-508
[
; and
]
.
[
(g) states the initial compensation, if any, of county council members and procedures
for prescribing and changing compensation.
]
(5) The optional plan proponent described in Subsection (1) shall ensure that [
each
] 
an
optional plan proposing to change the form of government to the county commission form
under Section 
17-52a-201
 or the expanded county commission form under Section 
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) 
subject to Subsection (3)(d),
 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
17-52a-201
(6) or Subsection 
17-52a-202
(6).
Section 11. Section 
17-52a-405
 is amended to read:
17-52a-405.
Plan may propose changing forms of county government -- Partisan
elections.
(1) (a) The optional plan proponent described in Subsection 
17-52a-404
(1) shall ensure
that each optional plan proposes changing the form of county government to:
(i) 
for a county of the first, second, third, or fourth class:
(A)
 the county commission form under Section 
17-52a-201
;
[
(ii)
] 
(B)
 the expanded county commission form under Section 
17-52a-202
;
[
(iii)
] 
(C)
 the county executive and council form under Section 
17-52a-203
; or
[
(iv)
] 
(D)
 the council-manager form under Section 
17-52a-204
[
.
]
; and
(ii) for a county of the fifth or sixth class:
(A) the county commission form under Section 
17-52a-201
; or
(B) the expanded county commission form under Section 
17-52a-202
.
(b) The optional plan proponent described in Subsection 
17-52a-404
(1) may not
recommend an optional plan that:
(i) proposes changing the form of government to a form not [
included
] 
authorized
 in
Subsection (1)(a);
(ii) provides for the nonpartisan election of elected officers;
(iii) imposes a limit on the number of terms or years that an elected officer may serve;
(iv) 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)
] 
(2)
 A county that provides for the election of the county's elected officers through
a partisan election may not change to a process that provides for the election of the county's
elected officers through a nonpartisan election.
Section 12. Section 
17-52a-406
 is amended to read:
17-52a-406.
County attorney review of proposed optional plan -- Conflict with
statutory or constitutional provisions -- Processing of optional plan after attorney review.
(1) As used in this section:
(a) "Proposed optional plan" means an optional plan that is submitted to the county
attorney for review in accordance with a provision of this chapter.
(b) "Requesting entity" means the person who submits a proposed optional plan to the
county attorney for review in accordance with a provision of this chapter.
[
(1)
] 
(2) (a)
 Within 45 days after the day on which the county [
or district
] attorney
receives [
the recommended optional plan from the county clerk under Subsection (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)
] 
a proposed optional plan from a requesting entity
, the county [
or
district
] attorney shall 
review the proposed optional plan and
 send a written report [
to the
county clerk
] containing the information described in Subsection [
(2).
] 
(2)(b) to:
(i) the requesting entity; and
(ii) (A) the petition sponsors, if the proposed optional plan was recommended under
Section 
17-52a-303
; or
(B) the study committee, if the proposed optional plan was recommended under
Section 
17-52a-403
.
[
(2)
] 
(b)
 A report from the county [
or district
] attorney under Subsection [
(1)
] 
(2)(a)
shall:
[
(a)
] 
(i)
 state the 
county
 attorney's opinion as to whether implementation of the
proposed
 optional plan [
described in Subsection (1)
] would result in a violation of any
applicable statutory or constitutional provision;
[
(b)
] 
(ii)
 if the 
county
 attorney concludes that a violation would result:
[
(i)
] 
(A)
 identify specifically each statutory or constitutional provision that
implementation of the 
proposed
 optional plan would violate;
[
(ii)
] 
(B)
 identify specifically each provision or feature of the proposed optional plan
that would result in a statutory or constitutional violation if the 
proposed optional
 plan is
implemented; and
[
(iii)
] 
(C)
 recommend how the proposed optional plan may be modified to avoid the
statutory or constitutional violation.
[
(3) (a) Except as provided in Subsection (3)(b), (c), or (d), if the attorney determines
under Subsection (2) that a violation would occur, the proposed optional plan may not be the
subject of an election under Section 
17-52a-501
.
]
(3) (a) The proposed optional plan may not be the subject of an election under Section
17-52a-501
 if:
(i) the county attorney has not reviewed and submitted a written report in accordance
with this section; or
(ii) the county attorney concludes that implementation of the proposed optional plan
would result in a violation of an applicable statutory or constitutional provision.
(b) The study committee may:
(i) modify [
an
] 
a proposed
 optional plan that the study committee recommends in
accordance with Section 
17-52a-403
 to avoid a violation that a county [
or district
] attorney's
report describes under Subsection (2); and
(ii) file a new report under Subsection 
17-52a-403
(3)(a)(iv).
(c) A county legislative body may:
(i) modify [
an
] 
a proposed
 optional plan that the county legislative body proposes in
accordance with [
Subsection 
17-52a-302
(1)(b)
] 
Section 
17-52a-302
 or 
17-52a-403
 to avoid a
violation that a county [
or district
] attorney's report describes under Subsection (2); and
(ii) within 10 days of modifying the 
proposed
 optional plan, send the modified
proposed
 optional plan to:
(A) the county clerk
, if the proposed optional plan was proposed in accordance with
Section 
17-52a-302
; and
(B) the county [
or district
] attorney for review in accordance with this section.
(d) (i) The petition sponsors may:
(A) modify [
an
] 
a proposed
 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 
proposed
 optional plan to the county clerk.
(ii) Upon receipt of a modified 
proposed
 optional plan described in Subsection
(3)(d)(i), the county clerk shall send the modified 
proposed
 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)(a)(iv);
(b) a modified 
proposed
 optional plan that a county legislative body sends under
Subsection (3)(c); and
(c) a modified 
proposed
 optional plan that petition sponsors submit to the county clerk
and that the county clerk sends under Subsection (3)(d).
(5) If the 
county
 attorney's 
written
 report under Subsection (2)
(b)
 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 is subject to the provisions
described in Section 
17-52a-501
.
Section 13. Section 
17-52a-501
 is amended to read:
17-52a-501.
Election on recommended optional plan.
[
(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 March 14, 2018:
]
[
(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:
]
[
(i) the county legislative body adopts a resolution to submit the optional plan to
voters; or
]
[
(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
]
[
(ii) is signed by registered voters residing in the county equal in number to at least 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 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:
]
[
(i) designate up to five of the petition signers as sponsors;
]
[
(ii) provide the county clerk with the mailing address and telephone number of each
petition sponsor; and
]
[
(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)
] 
(1)
 [
When the conditions described in Subsection (1) are met,
] 
If the county
attorney finds under Section 
17-52a-406
 that a proposed optional plan does not violate a
statutory or constitutional provision,
 a county shall hold an election on the optional plan at the
next regular general [
or municipal general
] election that is not less than [
] 
 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 March
14, 2018 and that contains a statement described in Subsection 
17-52-204
(5) as that subsection
was in effect on March 14, 2018; or
] 
Section 
17-52a-406
.
[
(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).
]
[
(4)
] 
(2)
 The county clerk shall prepare the ballot for an election under this section so
that the question on the ballot states substantially the following:
"Shall ___________________ County adopt the alternate form of government known
as the (insert the proposed form of government) [
that the study committee has recommended
]
as recommended in the proposed optional plan
?"
[
(5)
] 
(3)
 The county clerk shall:
(a) publish the complete text of the proposed optional plan 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 described in Subsection (1);
(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
(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)
] 
(4)
 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 14. Section 
17-52a-502
 is amended to read:
17-52a-502.
Voter information pamphlet.
(1) In anticipation of an election under Section 
17-52a-501
, the county clerk [
may
]
shall
 prepare a voter information pamphlet to inform the public of the proposed optional plan
in accordance with the provisions of Title 20A, Chapter 7, Part 7, Voter Information Pamphlet
.
(2) In preparing a voter information pamphlet under this section, the county clerk
[
may
] 
shall
:
(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
] 
ensure each written statement described in Subsection (2)(a) is printed in the same
font style and point size
.
(3) A county clerk [
who prepares a voter information pamphlet under this section
] shall
cause the publication and distribution of the pamphlet in a manner that the county clerk
determines is adequate.
Section 15. Section 
17-52a-503
 is amended to read:
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
17-52a-501
:
(a) on or before November 1 of the year immediately following the year of the election
described in Section 
17-52a-501
 in which the optional plan is approved, the county legislative
body shall:
(i) if the proposed optional plan under Section 
17-52a-404
 specifies that one or more
members of the county legislative body are elected from districts, adopt the geographic
boundaries of each council or commission member district; and
(ii) adopt the compensation, including benefits, for each member of the county
legislative body;
[
(a)
] 
(b)
 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;
[
(b)
] 
(c)
 the proposed optional plan:
(i) becomes effective according to the optional plan's terms;
(ii) subject to Subsection 
17-52a-404
(1)(c), at the time specified in the optional plan, is
a public record open to inspection by the public; and
(iii) is judicially noticeable by all courts;
[
(c)
] 
(d)
 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;
[
(d)
] 
(e)
 all public officers and employees shall cooperate fully in making the transition
between forms of county government; and
[
(e)
] 
(f)
 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) An action by the county legislative body under Subsection (1)(a) is not an
amendment for purposes of Section 
17-52a-504
.
[
(2)
] 
(3)
 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.
(4) (a) After adoption of the optional plan, the county legislative body may adopt a
change to the geographic boundaries of a council or commission member's district.
(b) An action by the county legislative body under Subsection (4)(a) is not an
amendment for purposes of Section 
17-52a-504
.
[
(3)
] 
(5)
 After the adoption of an optional plan, the county remains vested with all
powers and duties vested generally in counties by statute.
Section 16. 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 
53F-8-402
 or 
53F-8-301
;
(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 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 
53G-3-102
, following the creation of a new
school district under Section 
53G-3-302
;
(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 
17-52a-302
 and
17-52a-304
;
]
[
(xi)
] 
(x)
 a vote on a special property tax under Section 
53F-8-402
;
[
(xii)
] 
(xi)
 a vote on the incorporation of a municipality in accordance with Section
10-2a-210
; or
[
(xiii)
] 
(xii)
 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 17. Section 
63I-2-217
 is amended to read:
63I-2-217.
Repeal dates -- Title 17.
(1) Section 
17-22-32.2
, regarding restitution reporting, is repealed January 1, 2021.
(2) Section 
17-22-32.3
, regarding the Jail Incarceration and Transportation Costs Study
Council, is repealed January 1, 2021.
(3) Subsection 
17-27a-102
(1)(b), the language that states "or a designated mountainous
planning district" is repealed June 1, 2021.
(4) (a) Subsection 
17-27a-103
(18)(b), regarding a mountainous planning district, is
repealed June 1, 2021.
(b) Subsection 
17-27a-103
(42), regarding a mountainous planning district, is repealed
June 1, 2021.
(5) Subsection 
17-27a-210
(2)(a), the language that states "or the mountainous planning
district area" is repealed June 1, 2021.
(6) (a) Subsection 
17-27a-301
(1)(b)(iii), regarding a mountainous planning district, is
repealed June 1, 2021.
(b) Subsection 
17-27a-301
(1)(c), regarding a mountainous planning district, is repealed
June 1, 2021.
(c) Subsection 
17-27a-301
(2)(a), the language that states "described in Subsection
(1)(a) or (c)" is repealed June 1, 2021.
(7) Section 
17-27a-302
, the language that states ", or mountainous planning district"
and "or the mountainous planning district," is repealed June 1, 2021.
(8) Subsection 
17-27a-305
(1)(a), the language that states "a mountainous planning
district or" and ", as applicable" is repealed June 1, 2021.
(9) (a) Subsection 
17-27a-401
(1)(b)(ii), regarding a mountainous planning district, is
repealed June 1, 2021.
(b) Subsection 
17-27a-401
(7), regarding a mountainous planning district, is repealed
June 1, 2021.
(10) (a) Subsection 
17-27a-403
(1)(b)(ii), regarding a mountainous planning district, is
repealed June 1, 2021.
(b) Subsection 
17-27a-403
(1)(c)(iii), regarding a mountainous planning district, is
repealed June 1, 2021.
(c) Subsection 
17-27a-403
(2)(a)(iii), the language that states "or the mountainous
planning district" is repealed June 1, 2021.
(d) Subsection 
17-27a-403
(2)(c)(i), the language that states "or mountainous planning
district" is repealed June 1, 2021.
(11) Subsection 
17-27a-502
(1)(d)(i)(B), regarding a mountainous planning district, is
repealed June 1, 2021.
(12) Subsection 
17-27a-505.5
(2)(a)(iii), regarding a mountainous planning district, is
repealed June 1, 2021.
(13) 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, 2021.
(14) Subsection 
17-27a-604
(1)(b)(i)(B), regarding a mountainous planning district, is
repealed June 1, 2021.
(15) Subsection 
17-27a-605
(1), the language that states "or mountainous planning
district land" is repealed June 1, 2021.
(16) Title 17, Chapter 27a, Part 9, Mountainous Planning District, is repealed June 1,
2021.
(17) On June 1, 2021, 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):
(i) 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
(ii) make necessary changes to subsection numbering and cross references; 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.
(18) Subsection 
17-34-1
(5)(d), regarding county funding of certain municipal services
in a designated recreation area, is repealed June 1, 2021.
(19) Title 17, Chapter 35b, Consolidation of Local Government Units, is repealed
January 1, 2022.
[
(19)
] 
(20)
 On June 1, [
] 
:
(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)
]
(1)(b) or (2)(b)
," is repealed; 
and
(c) Subsection 
17-52a-301
(3)(a)[
(vi)
]
(iv), regarding the first initiated process,
 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 March 14, 2018," 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 March 14, 2018 and that contains a
statement described in Subsection 
17-52-204
(5) as that subsection was in effect on March 14,
2018," is repealed.
]
[
(20)
] 
(21)
 On January 1, 2028, Subsection [
17-52a-102
] 
17-52a-103
(3)
, requiring
certain counties to initiate a change of form of government process by July 1, 2018,
 is repealed.
Section 18. 
Repealer.
This bill repeals:
Section 
17-52a-304
,
Election to determine whether study committee should be
established.
Section 
17-52a-401
,
Procedure for appointing members to study committee.
Section 19. 
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 20. 
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 in:
(1) Subsections 
17-52a-103
(4), 
17-52a-104
(2)(a), 
17-52a-104
(2)(b), and
17-52a-104
(2)(c)(i) from "the effective date of this bill" to the bill's actual effective date;
(2) Subsection 
17-52a-104
(2)(a)(i), from "this bill" to the bill's designated chapter
number in the Laws of Utah; and
(3) Subsections 
17-52a-104
(1)(a)(ii)(B), (1)(a)(ii)(C), (1)(a)(ii)(D), (2)(a)(ii)(A),
(2)(b)(i)(A), and (2)(b)(i)(B), 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.