Procedure for initiating adoption of optional plan -- Limitations -- Pending proceedings.

  1. Law
  2. Utah Code
  3. Counties
  4. Changing Forms of County Government
  5. Procedure for Initiating Adoption of Optional Plan
  6. Procedure for initiating adoption of optional plan -- Limitations -- Pending proceedings.

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

Effective 3/24/2020
17-52a-301. Procedure for initiating adoption of optional plan -- Limitations -- Pending proceedings.
  • (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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