17-52a-505.  Repeal of optional plan.

(1)  An optional plan that the voters in an election adopt under this chapter may be repealed as provided in this section.

Terms Used In Utah Code 17-52a-505

  • 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
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
  • (2)  Registered voters of a county that has adopted an optional plan may initiate the process of repealing an optional plan by filing a petition for the repeal of the optional plan.

    (3) 

    (a)  Registered voters of a county may not file a petition to repeal an optional plan sooner than four years or more than five years after the election of county officers under Section 17-52a-503.

    (b) 

    (i)  If the registered voters file a petition to repeal an optional plan under this section, the petition is certified, and the optional plan is not repealed at an election described in Subsection (8), the voters may not circulate or file a subsequent petition to repeal until at least four, and not more than five, years after the certification of the original petition.

    (ii)  If, after four years, the voters file a subsequent petition under Subsection (3)(b)(i), the voters:

    (A)  may not circulate or file another petition to repeal until at least four, and not more than five, years after certification of the subsequent petition; and

    (B)  shall wait an additional four, and not more than five, years after the date of certification of the previous petition for each petition filed thereafter.

    (4)  A petition described in Subsection (2) shall:

    (a)  be signed by registered voters residing in the county:

    (i)  equal in number to at least 15% of the total number of votes cast in each precinct described in Subsection (4)(a)(ii) for all candidates for president of the United States at the most recent election in which a president of the United States was elected; and

    (ii)  who represent at least 85% of the voting precincts located within the county;

    (b)  designate up to five of the petition signers as sponsors, designating one petition signer as the contact sponsor, with the mailing address and telephone number of each; and

    (c)  be filed in the office of the clerk of the county in which the petition signers reside.

    (5)  Within 30 days after the filing of a petition under Subsection (2) or an amended petition under Subsection (6), the county clerk shall:

    (a)  determine whether the required number of voters have signed the petition or amended petition has been signed by the required number of registered voters; and

    (b) 

    (i)  if a sufficient number of voters have signed the petition, certify the petition or amended petition and deliver it to the county legislative body, and notify in writing the contact sponsor of the certification; or

    (ii)  if a sufficient number of voters have not signed the petition, reject the petition or the amended petition and notify the county legislative body and the contact sponsor in writing of the rejection and the reasons for the rejection.

    (6)  If a county clerk rejects a petition or an amended petition under Subsection (5)(b)(ii), the petition may be amended or an amended petition may be further amended with additional signatures and refiled within 20 days of the date of rejection.

    (7)  If a county clerk certifies a petition under Subsection (2), the county legislative body shall hold an election on the proposal to repeal the optional plan at the next regular general election that is at least 60 days after the day on which the county clerk certifies the petition.

    (8)  If, at an election held under Subsection (7), a majority of voters voting on the proposal to repeal the optional plan vote in favor of repealing:

    (a)  the optional plan is repealed, effective January 1 of the year following the election of county officers under Subsection (8)(c);

    (b)  upon the effective date of the repeal under Subsection (8)(a), the form of government under which the county operates reverts to the form it had before the optional plan was adopted; and

    (c)  the county officers under the form of government to which the county reverts, who are different than the county officers under the repealed optional plan, shall be elected at the next regular general election following the election under Subsection (7).

    Renumbered and Amended by Chapter 68, 2018 General Session