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:

Terms Used In Utah Code 17-52a-503

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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
  • Statute: A law passed by a legislature.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • (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;

    (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;

    (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;

    (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;

    (e)  all public officers and employees shall cooperate fully in making the transition between forms of county government; and

    (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.

    (3)  Adoption of an optional plan 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.

    (5)  After the adoption of an optional plan, the county remains vested with all powers and duties vested generally in counties by statute.

    Amended by Chapter 47, 2020 General Session