Applicability of former provisions to pending process.

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Affected by 63I-2-217 on 6/1/2022

Effective 3/24/2020
17-52a-104. Applicability of former provisions to pending process.
  • (1)
    • (a) If, on March 15, 2018, a county is under a pending process described in Subsection (1)(b) to change the county's form of government:
      • (i) except as provided in this section, the provisions of Laws of Utah 2018, Chapter 68 do not apply to that pending process; and
      • (ii) that pending process is governed by:
        • (A) the provisions of law that were in effect on March 14, 2018;
        • (B) Subsection 17-52a-301(3) as it was in effect on March 23, 2020;
        • (C) Subsections 17-52a-501(1)(a) and (3)(a) as each was in effect on March 23, 2020; and
        • (D) Subsection (1)(c) as it was in effect on March 23, 2020.
    • (b) A process of changing a county's form of government is pending under Subsection (1)(a) if, as of March 15, 2018:
      • (i)
        • (A) the county legislative body had adopted a resolution in accordance with the provisions of law that were in effect on March 14, 2018 to change the county's form of government; or
        • (B) registered voters had begun collecting signatures in accordance with the provisions of law that were in effect on March 14, 2018 for a petition to change the county's form of government; and
      • (ii) the process of changing the county's form of government initiated under Subsection (1)(b)(i) has not concluded.
    • (c)
      • (i) To continue a pending process described in Subsection (1)(b)(i)(B), registered voters that initiated the process shall submit a sufficient number of valid signatures to the county clerk within 180 days after March 15, 2018.
      • (ii) If the registered voters fail to comply with Subsection (1)(c)(i), the pending process is concluded under Subsection 17-52a-301(3)(a)(v)(A).
  • (2)
    • (a) If, on March 24, 2020, a county is under a pending process described in Subsection (2)(b) to change the county's form of government:
      • (i) except as provided in this Subsection (2), the provisions of Laws of Utah 2020, Chapter 47 do not apply to that pending process; and
      • (ii) that pending process is governed by:
        • (A) the provisions of law that were in effect on March 23, 2020; and
        • (B) Subsection (2)(c).
    • (b) A process of changing a county's form of government is pending under Subsection (1) if, on March 24, 2020:
      • (i)
        • (A) the county legislative body had adopted a resolution in accordance with the provisions of law that were in effect on March 23, 2020, to change the county's form of government; or
        • (B) registered voters had begun collecting signatures in accordance with the provisions of law that were in effect on March 23, 2020, for a petition to change the county's form of government; and
      • (ii) the process of changing the county's form of government initiated under Subsection (2)(b)(i) has not concluded.
    • (c)
      • (i) To continue a pending process described in Subsection (2)(b)(i)(B), registered voters that initiated the process shall submit a sufficient number of valid signatures to the county clerk within 180 days after March 24, 2020.
      • (ii) If the registered voters fail to comply with Subsection (2)(c)(i), the pending process is concluded under Subsection 17-52a-301(3)(a)(v)(A).





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