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Utah Code Title 17. Counties § 17-52a-301. Procedure for initiating adoption of optional plan--Limitations--Pending proceedings

Current as of May 05, 2022 | Updated by FindLaw Staff

(1) An optional plan proposing an alternate form of government for a county may be adopted as provided in this chapter.

(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, or under a provision described in Subsection 17-52a-104(1)(b) or (2)(b), 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;

(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);  or

(iv) for a process governed by Section 17-52a-104, the first initiated process concludes:

(A) because registered voters fail to submit a sufficient number of valid signatures for a petition before the deadline described in Subsection 17-52a-104(1)(c)(i) or (2)(c)(i);  or

(B) under a provision described in Subsection 17-52a-104(1)(a)(ii) or (2)(a)(ii).

(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.

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Cite this article: FindLaw.com - Utah Code Title 17. Counties § 17-52a-301. Procedure for initiating adoption of optional plan--Limitations--Pending proceedings - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-17-counties/ut-code-sect-17-52a-301/

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