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.

Terms Used In Utah Code 17-52a-301

  • 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
  • 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
    • (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, 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; or

    (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).

    (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 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 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.

    Amended by Chapter 47, 2020 General Session

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