17-52a-104.  Applicability of former provisions to pending process.

(1) 

Terms Used In Utah Code 17-52a-104

  • 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
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • (a)  If, on March 15, 2018, a county is under a pending process described in Subsection (1)(b) to change the county’s form of government:

    (i)  except as provided in this section, the provisions of Laws of Utah 2018, Chapter 68 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 March 14, 2018;

    (B)  Subsection 17-52a-301(3) as it was in effect on March 23, 2020;

    (C)  Subsections 17-52a-501(1)(a) and (3)(a) as each was in effect on March 23, 2020; and

    (D)  Subsection (1)(c) as it was in effect on March 23, 2020.

    (b)  A process of changing a county’s form of government is pending under Subsection (1)(a) if, as of March 15, 2018:

    (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

    (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

    (ii)  the process of changing the county’s form of government initiated under Subsection (1)(b)(i) has not concluded.

    (c) 

    (i)  To continue a pending process described in Subsection (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.

    (ii)  If the registered voters fail to comply with Subsection (1)(c)(i), the pending process is concluded under Subsection 17-52a-301(3)(a)(v)(A).

    (2) 

    (a)  If, on March 24, 2020, 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 Laws of Utah 2020, Chapter 47 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 March 23, 2020; and

    (B)  Subsection (2)(c).

    (b)  A process of changing a county’s form of government is pending under Subsection (1) if, on March 24, 2020:

    (i) 

    (A)  the county legislative body had adopted a resolution in accordance with the provisions of law that were in effect on March 23, 2020, 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 March 23, 2020, 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 March 24, 2020.

    (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).

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

    Revisor instructions to modify language.