Study Committee and Optional Plan

Utah Code tit. 17, ch. 17-62, pt. 17-62-P4

in effect

Utah Code § 17-62-401 Convening of first meeting of study committee.

17-62-401. Convening of first meeting of study committee. (1) The county executive shall convene the first meeting of the study committee no later than 10 days after the day on which the county executive receives notification: (a) of the establishment of a study committee by the county legislative body as described in Section 17-62-302; or (b) of a certified petition from the county clerk as described in Section 17-62-303. (2) (a) At the study committee's first meeting, the study committee shall select a chair from among the members of the study committee. (b) The chair of the study committee is responsible for convening each future meeting of the study committee. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-62-402 Study committee -- Members -- Powers and duties -- Proposed plan and report -- Services provided by county.

17-62-402. Study committee -- Members -- Powers and duties -- Proposed plan and report -- Services provided by county. (1) (a) As used in this Subsection (1), "council of governments" means the same as that term is defined in Section 17B-2a-802. (b) A study committee consists of: (i) for a study committee established by the county legislative body under Section 17-62-302: (A) two members appointed by the county legislative body, who each may be either a member of the county legislative body or an individual appointed by the county legislative body; and (B) three members appointed by the county's council of governments, who each may be either a member of the county's council of governments or an individual appointed by the county's council of governments; or (ii) for a study committee established by the registered voters through a petition under Section 17-62-303: (A) one member appointed by the sponsors of the petition; and (B) four members appointed by the county's council of governments. (c) A member of a study committee: (i) may not receive compensation for service on the study committee; (ii) may not hold an elected county office or have filed a current declaration of candidacy for an elected county office; and (iii) shall be a registered voter. (d) The county legislative body shall reimburse each member of a study committee for necessary expenses incurred in performing the member's duties on the study committee. (2) A study committee may: (a) make rules for the study committee's own organization and procedure and to fill a vacancy in its membership; (b) establish advisory boards or committees and include on the advisory boards or committees persons who are not members of the study committee; and (c) request the assistance and advice of any officers or employees of any agency of state or local government. (3) (a) A study committee shall: (i) study the form of government within the county and compare it with other forms available under this chapter; (ii) determine whether the administration of local government in the county could be strengthened, made more clearly responsive or accountable to the people, or significantly improved in the interest of economy and efficiency by a change in the form of county government; (iii) hold public hearings and community forums and other means the committee considers appropriate to disseminate information and stimulate public discussion of the committee's purposes, progress, and conclusions; and (iv) file a written report of the study committee's findings and recommendations with the county executive, the county legislative body, and the county clerk no later than one year after the convening of the study committee's first meeting under Section 17-62-401. (b) Within 10 days after the day on which the study committee submits the study committee's report under Subsection (3)(a)(iv), if the report recommends a change in the form of county government, the county clerk shall send to the county attorney a copy of the optional plan recommended in the report for review in accordance with Section 17-62-405. (4) Each study committee report under Subsection (3)(a)(iv) shall include: (a) the study committee's recommendation as to whether the form of county government should be changed to another form authorized under this chapter; (b) if the study committee recommends changing the form of government, a complete detailed draft of a proposed optional plan to change the form of county government, including all necessary implementing provisions; and (c) any additional recommendations the study committee considers appropriate to improve the efficiency and economy of the administration of local government within the county. (5) (a) If the study committee's report recommends a change in the form of county government, the study committee may conduct additional public hearings after filing the report under Subsection (3)(a)(iv) and, following the hearings and subject to Subsection (5)(b), alter the report or proposed optional plan. (b) Notwithstanding Subsection (5)(a), the study committee may not make an alteration to the report or proposed optional plan: (i) that would recommend the adoption of an optional form different from that recommended in the original report; or (ii) within the 160-day period before the election under Section 17-62-501. (6) Each meeting that the study committee holds shall be open to the public. (7) If the study committee's report does not recommend a change in the form of county government, the report is final, the study committee is dissolved, and the process to change the county's form of government is concluded. (8) The county legislative body shall provide for the study committee: (a) suitable meeting facilities; (b) necessary secretarial services; (c) necessary printing and photocopying services; (d) necessary clerical and staff assistance; and (e) adequate funds for the employment of independent legal counsel and professional consultants that the study committee reasonably determines to be necessary to help the study committee fulfill its duties. (9) The county legislative body may not interfere with the work of the study committee. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-62-403 Contents of proposed optional plan.

17-62-403. Contents of proposed optional plan. (1) The study committee or the sponsors of a petition described in Subsection 17-62-303(1)(a)(ii) shall ensure that an optional plan the committee or registered voters propose under this chapter, respectively: (a) proposes the adoption of one of the forms of county government authorized in Subsection 17-62-404(1)(a); (b) contains detailed provisions relating to the transition from the existing form of county government to the form proposed in the optional plan, including provisions relating to the: (i) election or appointment of officers specified in the optional plan for the new form of county government; (ii) retention, elimination, or combining of existing offices and, if an office is eliminated, the division or department of county government responsible for performing the duties of the eliminated office; (iii) continuity of existing ordinances and regulations; (iv) continuation of pending legislative, administrative, or judicial proceedings; (v) making of interim and temporary appointments; and (vi) preparation, approval, and adjustment of necessary budget appropriations; (c) specifies the date the optional plan becomes effective if adopted, which may not be earlier than the first day of January next following the election of officers under the new plan; and (d) notwithstanding any other provision of this title and except with respect to an optional plan that proposes the adoption of the county commission or expanded county commission form of government, with respect to the county budget provides that: (i) the county executive's role is to prepare and present a proposed budget to the county legislative body; and (ii) the county legislative body's role is to adopt a final budget. (2) Subject to Subsection (3), an optional plan may include provisions that are considered necessary or advisable to the effective operation of the proposed optional plan. (3) An optional plan may not: (a) include any provision that is inconsistent with or prohibited by the Utah Constitution or any statute; (b) if the optional plan is proposed after March 20, 2020: (i) specify compensation, including benefits, for any appointed or elected county official; or (ii) specify the full or part-time status of any appointed or elected county official; or (c) if the optional plan specifies that county council or commission members are to be elected from districts, establish, divide, abolish, alter, change, or otherwise attempt to draw boundaries of election districts or impair the duties of the county legislative body as described in Section 17-62-503. (4) The optional plan proponent described in Subsection (1) shall ensure that an optional plan proposing to change the form of government to the county executive-council form under Section 17-62-203 or the council-manager form under Section 17-62-204: (a) provides for the same executive and legislative officers as are specified in the applicable section for the form of government that the optional plan proposes; (b) provides for the election of the county council; (c) specifies the number of county council members, which shall be an odd number from three to nine; (d) subject to Subsection (3)(c), and except as provided in Section 17-62-204, specifies whether the members of the county council are to be elected from districts, at large, or by a combination of at large and by district; (e) specifies county council members' qualifications and terms and whether the terms are to be staggered; and (f) contains procedures for filling vacancies on the county council, consistent with the provisions of Section 20A-1-508. (5) The optional plan proponent described in Subsection (1) shall ensure that an optional plan proposing to change the form of government to the county commission form under Section 17-62-201 or the expanded county commission form under Section 17-62-202 specifies: (a) (i) for the county commission form of government, that the county commission shall have three members; or (ii) for the expanded county commission form of government, whether the county commission shall have five or seven members; (b) the terms of office for county commission members and whether the terms are to be staggered; (c) subject to Subsection (3)(c), whether members of the county commission are to be elected from districts, at large, or by a combination of at large and from districts; (d) if any members of the county commission are to be elected from districts, the district residency requirements for those commission members; and (e) if any members of the county commission are to be elected at large, whether the election of county commission members is subject to the provisions of Subsection 17-62-201(6) or Subsection 17-62-202(6). Renumbered and Amended by Chapter 13, 2025 Special Session 1

Utah Code § 17-62-404 Plan may propose changing forms of county government -- Partisan elections.

17-62-404. Plan may propose changing forms of county government -- Partisan elections. (1) (a) The optional plan proponent described in Subsection 17-62-403(1) shall ensure that each optional plan proposes changing the form of county government to: (i) for a county of the first, second, third, or fourth class: (A) the county commission form under Section 17-62-201; (B) the expanded county commission form under Section 17-62-202; (C) the county executive and council form under Section 17-62-203; or (D) the council-manager form under Section 17-62-204; and (ii) for a county of the fifth or sixth class: (A) the county commission form under Section 17-62-201; or (B) the expanded county commission form under Section 17-62-202. (b) The optional plan proponent described in Subsection 16-62-403(1) may not recommend an optional plan that: (i) proposes changing the form of government to a form not authorized in Subsection (1)(a); (ii) provides for the nonpartisan election of elected officers; (iii) imposes a limit on the number of terms or years that an elected officer may serve; or (iv) provides for elected officers to be subject to a recall election. (2) A county that provides for the election of the county's elected officers through a partisan election may not change to a process that provides for the election of the county's elected officers through a nonpartisan election. Amended by Chapter 97, 2026 General Session

Utah Code § 17-62-405 County attorney review of proposed optional plan -- Conflict with statutory or constitutional provisions -- Processing of optional plan after attorney review.

17-62-405. County attorney review of proposed optional plan -- Conflict with statutory or constitutional provisions -- Processing of optional plan after attorney review. (1) As used in this section: (a) "Proposed optional plan" means an optional plan that is submitted to the county attorney for review in accordance with a provision of this chapter. (b) "Requesting entity" means the person who submits a proposed optional plan to the county attorney for review in accordance with a provision of this chapter. (2) (a) Within 45 days after the day on which the county attorney receives a proposed optional plan from a requesting entity, the county attorney shall review the proposed optional plan and send a written report containing the information described in Subsection (2)(b) to: (i) the requesting entity; and (ii) (A) the petition sponsors, if the proposed optional plan was recommended under Section 17-62-303; or (B) the study committee, if the proposed optional plan was recommended under Section 17-62-402. (b) A report from the county attorney under Subsection (2)(a) shall: (i) state the county attorney's opinion as to whether implementation of the proposed optional plan would result in a violation of any applicable statutory or constitutional provision; (ii) if the county attorney concludes that a violation would result: (A) identify specifically each statutory or constitutional provision that implementation of the proposed optional plan would violate; (B) identify specifically each provision or feature of the proposed optional plan that would result in a statutory or constitutional violation if the proposed optional plan is implemented; and (C) recommend how the proposed optional plan may be modified to avoid the statutory or constitutional violation. (3) (a) The proposed optional plan may not be the subject of an election under Section 17-62-501 if: (i) the county attorney has not reviewed and submitted a written report in accordance with this section; or (ii) the county attorney concludes that implementation of the proposed optional plan would result in a violation of an applicable statutory or constitutional provision. (b) The study committee may: (i) modify a proposed optional plan that the study committee recommends in accordance with Section 17-62-402 to avoid a violation that a county attorney's report describes under Subsection (2); and (ii) file a new report under Subsection 17-62-402(3)(a)(iv). (c) A county legislative body may: (i) modify a proposed optional plan that the county legislative body proposes in accordance with Section 17-62-302 or 17-62-402 to avoid a violation that a county attorney's report describes under Subsection (2); and (ii) within 10 days of modifying the proposed optional plan, send the modified proposed optional plan to: (A) the county clerk, if the proposed optional plan was proposed in accordance with Section 17-62-302; and (B) the county attorney for review in accordance with this section. (d) (i) The petition sponsors may: (A) modify a proposed optional plan that the petition proposes in accordance with Subsection 17-62-303(1)(a)(ii) to avoid a violation that a county attorney's report describes under Subsection (2); and (B) submit the modified proposed optional plan to the county clerk. (ii) Upon receipt of a modified proposed optional plan described in Subsection (3)(d)(i), the county clerk shall send the modified proposed optional plan to the county attorney for review in accordance with this section. (4) The county executive, county legislative body, county attorney, and county clerk shall treat the following as an original: (a) a new report that a study committee files under Subsection 17-62-402(3)(a)(iv); (b) a modified proposed optional plan that a county legislative body sends under Subsection (3)(c); and (c) a modified proposed optional plan that petition sponsors submit to the county clerk and that the county clerk sends under Subsection (3)(d). (5) If the county attorney's written report under Subsection (2)(b) does not identify any provisions or features of the proposed optional plan that, if implemented, would violate a statutory or constitutional provision, the proposed optional plan is subject to the provisions described in Section 17-62-501. Renumbered and Amended by Chapter 13, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title17/Chapter62/17-62-P4.html?v=C17-62-P4_2025110620251206Fetched: 10/26/2026