Forms of county government -- County commission form required unless another is adopted -- Restrictions on form of county government.

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Affected by 63I-2-217 on 1/1/2028

Effective 3/24/2020
17-52a-103. Forms of county government -- County commission form required unless another is adopted -- Restrictions on form of county government.
  • (1) Subject to Subsection (2), each county shall operate under one of the following forms of county government:
    • (a) the county commission form under Section 17-52a-201;
    • (b) the expanded county commission form under Section 17-52a-202;
    • (c) the county executive and council form under Section 17-52a-203; or
    • (d) the council-manager form under Section 17-52a-204.
  • (2) Unless a county adopts another form of government as provided in this chapter, the county shall operate under the county commission form of government under Section 17-52a-201.
  • (3)
    • (a) In a county that operates under a form of government that is not described in Subsection (2):
      • (i) the county's legislative body shall, before July 1, 2018, initiate the process under Section 17-52a-302 of changing the county's form of government;
      • (ii) the county shall hold a special election on November 6, 2018;
      • (iii) if the voters approve the appointment of a study committee at the special election described in Subsection (3)(a)(ii):
        • (A) the study committee may not recommend under Section 17-52a-403 that the county retain the county's current form of government; and
        • (B) the county shall hold an election described in Section 17-52a-501 before December 31, 2020, on an optional plan that the study committee creates; and
      • (iv) the registered voters of the county may not repeal an optional plan under Section 17-52a-505 that is adopted at an election described in Subsection (3)(a)(iii)(B).
    • (b) If the voters of a county described in Subsection (3)(a) do not approve a change in the county's form of government at an election described in Subsection (3)(a)(iii)(B) before December 31, 2020:
      • (i) the county shall operate under the county commission form of government under Section 17-52a-201; and
      • (ii) the county shall transition to the form of government described in Subsection (3)(b)(i) in the same manner as if the voters of the county had approved the change in the form of government described in Subsection (3)(b)(i) in the applicable election described in Subsection (3)(b).
  • (4) In a county of the fifth or sixth class, if the county legislative body under Section 17-52a-302 or the registered voters under Section 17-52a-303, after March 24, 2020, initiate the process to adopt an optional plan, the proposed optional plan may only propose a form of government authorized under Section 17-52a-405.





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