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:

Terms Used In Utah Code 17-52a-103

  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • County legislative body: means :Utah Code 68-3-12.5
  • Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Optional plan: means a plan establishing an alternate form of government for a county as provided in Section 17-52a-404. See Utah Code 17-52a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Study committee: means the committee that has five members appointed and charged with the duties as provided in Section 17-52a-403. See Utah Code 17-52a-102
  • (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 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; 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 March 24, 2020, 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.

    Amended by Chapter 47, 2020 General Session
    Revisor instructions Chapter 47, 2020 General Session

    Revisor instructions to modify language.

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