Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 356 (2025GS)

Sponsor

Rep. Teuscher, Jordan D.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides that in a county of the third through sixth class with a council-manager form of government, each council member must be elected by a voter district;
• establishes a process for a county of the third through sixth class with a council-manager form of government to create voter districts;
• modifies the composition of a study committee formed to study changing the form of county government; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

67
17-52a-204
17-52a-403
17-52a-404
0
County Governance Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill modifies provisions relating to forms of county government.
Highlighted Provisions:
This bill:
defines terms;
provides that in a county of the third through sixth class with a council-manager form of 
government, each council member must be elected by a voter district;
establishes a process for a county of the third through sixth class with a council-manager 
form of government to create voter districts;
modifies the composition of a study committee formed to study changing the form of 
county government; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-52a-204
, as last amended by Laws of Utah 2020, Chapter 67
17-52a-403
, as last amended by Laws of Utah 2020, Chapter 47
17-52a-404
, as last amended by Laws of Utah 2020, Chapter 47
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-52a-204
 is amended to read:
17-52a-204
. Council-manager form of county government -- Establishment of 
voting districts.
(1)
As used in this section, "district" means a geographic area within the boundaries of a 
county with a council-manager form of government that is represented only by one 
council member who is a resident of the area.
(1)
(2)
(a)
The following shall govern a county operating under the form of government 
known as the "council-manager" form:
(i)
an elected county council;
(ii)
a county manager appointed by the council; and
(iii)
other officers and employees authorized by law.
(b)
The optional plan shall provide for the qualifications, time and manner of 
appointment subject to Subsections 
(6)
(7)
 and 
(7)
(8)
, term of office, 
compensation, and removal of the county manager.
(2)
(3)
The county manager is the administrative head of the county government and 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)
(4)
(a)
An individual member of the council may not directly or indirectly, by 
suggestion or otherwise:
(i)
attempt to influence or coerce the manager in:
(A)
making any appointment;
(B)
removing any officer or employee; 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 the manager the matter of specific 
appointments to any county office or employment.
(b)
(i)
A member of the county council who violates the provisions of this Subsection 
(3)
(4)
 shall forfeit the member's county council office.
(ii)
Nothing in this section shall be construed, however, as prohibiting the council 
from fully and freely discussing with or suggesting to the manager anything 
pertaining to county affairs or the interests of the county.
(iii)
The county manager may not 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)
.
(4)
(5)
In the council-manager form of county government:
(a)
the legislative powers of the county are vested in the county council; and
(b)
the executive powers of the county are vested in the county manager.
(5)
(6)
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)
(7)
(a)
As used in this Subsection 
(6)
(7)
, "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)
(7)(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)
(7)(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)
(8)
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.
(9)
A county of the third through sixth class with a council-manager form of government 
shall ensure that each council member:
(a)
represents a single district, rather than being elected at large;
(b)
is elected by a majority vote of voters residing within the member's district; and
(c)
is a resident of the district the council member represents.
(10)
(a)
For a county with a council-manager form of government that, on May 7, 2025, 
does not meet the requirements described in Subsection 
(9)
, the county council shall, 
on or before June 1, 2025:
(i)
in accordance with Subsection (10)(b), establish a county districting commission; 
and
(ii)
in accordance with Subsection 
(10)(c)
(i), approve a map of the county council 
districts.
(b)
(i)
A county council shall comply with Subsection 
(10)(a)(i)
 by establishing a 
county districting commission, consisting of:
(A)
one representative from each municipality in the county, who is either the 
municipality's mayor or a resident whom the mayor appoints;
(B)
one representative who resides in an unincorporated area of the county and is 
appointed by the county council; and
(C)
the county clerk, or the county clerk's designee, as a non-voting member.
(ii)
The county districting commission shall divide the county into districts by:
(A)
relying on the total population enumeration of the most recent decennial 
census;
(B)
ensuring that between districts, there is less than 10% total population 
deviation;
(C)
ensuring that each district is contiguous and reasonably compact;
(D)
ensuring that district boundaries do not divide existing voter precincts; and
(E)
complying with the United States Constitution.
(iii)
The county districting commission shall submit a proposed map of district 
boundaries to the county council for approval for the initial districting process, on 
or before October 1, 2025.
(iv)
The county manager shall provide for the county districting commission:
(A)
county staff for assistance; and
(B)
suitable meeting facilities.
(c)
After receiving the district map described in Subsection 
(10)(b)(iii)
, the county 
council shall, within 30 calendar days after the day on which the county council 
receives the map, hold a public hearing, at which:
(i)
the county council shall approve the district map if the map complies with the 
requirements described in Subsection 
(10)(b)(ii)
; and
(ii)
the county clerk shall designate, by lot, a current county council member to 
represent each district for the remainder of the council member's term of office, 
regardless of whether the council member is a resident of that district.
(11)
After the adoption of a district map under Subsection 
(10)(c)(i)
, at an election in which 
a county council position is subject to an election:
(a)
each candidate for that position must reside in the district that the position represents; 
and
(b)
the council member for the district shall be elected by a majority vote of voters 
residing in the district.
(12)
(a)
After creating districts and adopting a district map under Subsections 
(10)
 and 
(11), a county described in Subsection 
(10)
 may not redistrict until an official 
decennial census publicly releases population data for the county, unless otherwise 
required by law.
(b)
Each time a county described in Subsection 
(10)(a)
 conducts redistricting for the 
county council districts, the county council shall redistrict by:
(i)
adjusting districts in accordance with Subsections (10)(b)(ii)(A), (B), (C), and (E); 
and
(ii)
after drawing a proposed map of district boundaries, holding a public hearing, at 
which the county council shall approve the map as proposed, or revise the map 
and approve the revised map.
Section 2, 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)
As used in this Subsection 
(1)
, "council of governments" means the same as that 
term is defined in Section 
17B-2a-802
.
(a)
(b)
A study committee consists of:
(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
:
(A)
two members appointed by the county legislative body, who each may be 
either a member of the county legislative body or an individual appointed by 
the county legislative body; and
(B)
three members appointed by the county's council of governments, who each 
may be either a member of the county's council of governments or an 
individual appointed by the county's council of governments; or
(ii)
for a study committee established by the registered voters through a petition 
under Section 
17-52a-303
:
(A)
two members
one member
 appointed by the sponsors of the petition;
 and
(B)
two members appointed by the county legislative body; and
(C)
(B)
one member
four members
 appointed by the county's council of 
governments.
(b)
(c)
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)
(d)
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)
, if the report recommends a change in 
the form of county government, the county clerk shall send to the county attorney a 
copy of 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 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 3, Section 
17-52a-404
 is amended to read:
17-52a-404
. Contents of proposed optional plan.
(1)
The study committee or the sponsors of a petition described in Subsection 
17-52a-303(1)(a)(ii)
 shall ensure that an optional plan the committee or registered voters 
propose under this chapter, respectively:
(a)
proposes the adoption of one of the forms of county government 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)
if the optional plan is proposed after March 20, 2020:
(b)
(i)
specify compensation, including benefits, for any appointed or elected county 
official;
 or
(c)
(ii)
specify the full or part-time status of any appointed or elected county official; 
or
(d)
(c)
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 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)
Subsection (3)(c), and except as provided in Section 
17-52a-204
, 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
.
(5)
The optional plan proponent described in Subsection 
(1)
 shall ensure that 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)
(3)(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 
17-52a-201(6)
 or Subsection 
17-52a-202(6)
.
Section 4. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 1:04 PM