Download Zipped Introduced WP 8.0 HB0206S2.ZIP 28,943 Bytes
[Status][Bill Documents][Fiscal Note][Bills Directory]
Second Substitute H.B. 206
Representative Lloyd W. Frandsen proposes to substitute the following bill:
1
CREATING OR CONSOLIDATING COUNTIES
2
1999 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Lloyd W. Frandsen
5
AN ACT RELATING TO COUNTIES; REPEALING PROVISIONS RELATING TO THE
6
CREATION OF A NEW COUNTY; MODIFYING THE PROCEDURE FOR THE CREATION
7
OF A NEW COUNTY; PROVIDING FOR A FEASIBILITY STUDY AND PUBLIC
8
HEARINGS; PROVIDING FOR A TRANSITION COMMITTEE; PROVIDING FOR THE
9
ADMINISTRATION AND DUTIES OF THE TRANSITION COMMITTEE; AND PROVIDING
10
FOR THE CONSOLIDATION OF COUNTIES.
11
This act affects sections of Utah Code Annotated 1953 as follows:
12
ENACTS:
13
17-3-201, Utah Code Annotated 1953
14
17-3-202, Utah Code Annotated 1953
15
17-3-203, Utah Code Annotated 1953
16
17-3-204, Utah Code Annotated 1953
17
17-3-205, Utah Code Annotated 1953
18
17-3-206, Utah Code Annotated 1953
19
17-3-207, Utah Code Annotated 1953
20
17-3-208, Utah Code Annotated 1953
21
17-3-209, Utah Code Annotated 1953
22
17-3-210, Utah Code Annotated 1953
23
17-3-211, Utah Code Annotated 1953
24
17-3-212, Utah Code Annotated 1953
25
17-3-213, Utah Code Annotated 1953
26
17-3-214, Utah Code Annotated 1953
27
17-3-215, Utah Code Annotated 1953
28
17-3-301, Utah Code Annotated 1953
29
17-3-302, Utah Code Annotated 1953
30
17-3-303, Utah Code Annotated 1953
31
17-3-304, Utah Code Annotated 1953
32
17-3-305, Utah Code Annotated 1953
33
17-3-306, Utah Code Annotated 1953
34
17-3-307, Utah Code Annotated 1953
35
17-3-308, Utah Code Annotated 1953
36
REPEALS:
37
17-3-1, as last amended by Chapter 227, Laws of Utah 1993
38
17-3-2, as last amended by Chapter 68, Laws of Utah 1984
39
17-3-3, as last amended by Chapter 68, Laws of Utah 1984
40
17-3-4, as last amended by Chapter 227, Laws of Utah 1993
41
17-3-5, as last amended by Chapter 227, Laws of Utah 1993
42
17-3-6, as last amended by Chapter 227, Laws of Utah 1993
43
17-3-7, Utah Code Annotated 1953
44
17-3-8, Utah Code Annotated 1953
45
17-3-9, Utah Code Annotated 1953
46
Be it enacted by the Legislature of the state of Utah:
47
Section 1.
Section
17-3-201
is enacted to read:
48
CHAPTER 3. CREATION AND CONSOLIDATION OF COUNTIES
49
Part 1. Reserved
50
Part 2. Creating a New County
51
17-3-201. Definitions.
52
As used in this part:
53
(1) "Existing county" means a county that:
54
(a) is already in existence at the time a petition to create a new county is filed under
55
Section
17-3-203
; and
56
(b) contains some or all of a proposed or future new county.
57
(2) "Feasibility consultant" means a person or firm with expertise in the processes and
58
economics of local government.
59
(3) "Processing clerk" means the clerk of the processing county.
60
(4) "Processing county" means:
61
(a) if the proposed new county is located entirely within the boundaries of an existing
62
county, that existing county; or
63
(b) if the proposed new county is located within more than one county, the existing county
64
that contains the greatest percentage of the land area of the proposed new county.
65
Section 2.
Section
17-3-202
is enacted to read:
66
17-3-202. Creating a new county.
67
A new county may be created as provided in this part.
68
Section 3.
Section
17-3-203
is enacted to read:
69
17-3-203. Initiation of process to create new county -- Application for feasibility study
70
-- Certification.
71
(1) The process to create a new county is initiated by the filing of an application for a
72
feasibility study with the processing clerk.
73
(2) Each application under Subsection (1) shall:
74
(a) contain the signatures of registered voters residing within the proposed new county
75
equal in number to at least 10% of the number of votes cast within the proposed new county at the
76
last gubernatorial election before the filing of the application;
77
(b) define the boundaries of the proposed new county;
78
(c) designate up to five signers of the application as sponsors, one of whom shall be
79
designated as the contact sponsor, with the mailing address and telephone number of each; and
80
(d) request the processing county to commission a study to determine the feasibility of
81
creating the new county.
82
(3) At the time of filing an application with the processing clerk, the application sponsors
83
shall file a copy of the application with the clerk of each other existing county.
84
(4) Within 45 days after the filing of an application under Subsection (1), the processing
85
clerk shall, with the cooperation and assistance of the clerk of each other existing county:
86
(a) determine whether the application meets the requirements of Subsection (2); and
87
(b) (i) if the processing clerk determines that the application meets the requirements of
88
Subsection (2):
89
(A) certify the application and deliver it to the legislative body of the processing county;
90
(B) mail or deliver written notification of the certification to the contact sponsor; and
91
(C) mail a copy of the certification notification to the clerk of each other existing county;
92
or
93
(ii) if the processing clerk determines that the application fails to meet any of those
94
requirements, reject the application and mail or deliver written notification of the rejection and the
95
reasons for the rejection to the contact sponsor and the legislative body of each existing county.
96
Section 4.
Section
17-3-204
is enacted to read:
97
17-3-204. Feasibility consultant -- Selection -- Feasibility study.
98
(1) Within 30 days after certification of an application under Section
17-3-203
, the
99
legislative body of the processing county shall engage the feasibility consultant chosen under
100
Subsection (2) to conduct a study on the feasibility of creating the proposed new county.
101
(2) The feasibility consultant shall be chosen by a majority vote of a selection committee
102
consisting of:
103
(a) a person designated by the legislative body of the processing county, in consultation
104
with the legislative body of each other existing county;
105
(b) a person designated by the application sponsors; and
106
(c) a person designated by the governor.
107
(3) The legislative body of the processing county shall require the feasibility consultant
108
to:
109
(a) complete the feasibility study and submit the written results to the legislative body of
110
each existing county and the contact sponsor no later than 90 days after the feasibility consultant
111
is engaged to conduct the study;
112
(b) submit with the full written results of the feasibility study a summary of the results no
113
more than one page in length; and
114
(c) attend the public hearings under Subsection
17-3-205
(1) and present the feasibility
115
study results and respond to questions from the public about the feasibility study at those hearings.
116
(4) The feasibility study shall consider:
117
(a) the population and population density that would be present in the proposed new
118
county and that would remain in each existing county if the new county is created;
119
(b) the history, geography, geology, and topography of and natural boundaries within and
120
immediately surrounding the proposed new county;
121
(c) the financial impact that the creation of the new county would have on the proposed
122
new county and on each existing county;
123
(d) any other matter the feasibility consultant considers relevant to the proposed new
124
county or to an existing county.
125
(5) Each existing county shall equally share the costs associated with the feasibility study.
126
Section 5.
Section
17-3-205
is enacted to read:
127
17-3-205. Public hearings on feasibility study results -- Notice of hearings.
128
(1) The legislative body of each existing county shall, at its next regular meeting after
129
receipt of the results of the feasibility study, schedule at least two public hearings to be held:
130
(a) within the following 60 days;
131
(b) at least seven days apart;
132
(c) in geographically diverse locations within the existing county but at least one of which
133
shall be held in the proposed new county; and
134
(d) for the purpose of allowing:
135
(i) the feasibility consultant to present the results of the feasibility study; and
136
(ii) the public to become informed about the feasibility study results and to ask questions
137
of the feasibility consultant about those results.
138
(2) (a) (i) The clerk of each existing county shall publish notice of the public hearings
139
required under Subsection (1) at least once a week for three successive weeks in a newspaper of
140
general circulation within the existing county.
141
(ii) The last publication of notice required under Subsection (2)(a)(i) shall be at least three
142
days before the first public hearing required under Subsection (1).
143
(b) (i) If there is no newspaper of general circulation within the existing county, the county
144
clerk shall post at least one notice of the hearings per 1,000 population in conspicuous places
145
within the existing county that are most likely to give notice of the hearings to the residents of the
146
county.
147
(ii) The clerk shall post the notices under Subsection (2)(b)(i) at least seven days before
148
the first hearing under Subsection (1).
149
(c) The notice under Subsections (2)(a) and (b) shall include the feasibility study summary
150
under Subsection
17-3-204
(3)(b) and shall indicate that a full copy of the study is available for
151
inspection and copying at the office of the county clerk.
152
Section 6.
Section
17-3-206
is enacted to read:
153
17-3-206. Petition for creation of new county.
154
(1) At any time within 18 months after the completion of the public hearings required
155
under Subsection
17-3-205
(1), a petition for the creation of a new county may be filed in the office
156
of the processing clerk.
157
(2) Each petition under Subsection (1) shall:
158
(a) contain the signatures of:
159
(i) registered voters residing within the proposed new county equal in number to at least
160
25% of the number of votes cast within the proposed new county at the last gubernatorial election
161
before the filing of the petition; and
162
(ii) registered voters residing within each existing county equal in number to at least 25%
163
of the number of votes cast within each respective existing county at the last gubernatorial election
164
before the filing of the petition;
165
(b) state the name of the proposed new county;
166
(c) define the boundaries of the proposed new county as defined in the application for a
167
feasibility study that was the subject of the hearings under Subsection
17-3-205
(1);
168
(d) designate up to five signers of the petition as sponsors, one of whom shall be
169
designated as the contact sponsor, with the mailing address and telephone number of each; and
170
(e) be filed before the first Monday in May of any year.
171
(3) Within ten days after the filing of a petition under Subsection (1), the processing clerk
172
shall send a copy of the petition to the clerk of each other existing county.
173
(4) A signature on an application under Section
17-3-203
may be used toward fulfilling
174
the signature requirement of Subsection (2)(a)(i):
175
(a) if the application under Section
17-3-203
notified the signer in conspicuous language
176
that the signature, unless withdrawn, would also be used for the purpose of a petition to create a
177
new county under this section; and
178
(b) unless the signer files with the clerk of the existing county in which the signer resides
179
a written withdrawal of the signature before the petition under this section is filed with the
180
processing clerk.
181
(5) At the time of filing a petition with the processing clerk, the petition sponsors shall file
182
a copy of the petition with the clerk of each other existing county.
183
(6) Within 45 days after the filing of a petition under this section, the processing clerk
184
shall, with the cooperation and assistance of the clerk of each other existing county:
185
(a) determine whether the petition meets the requirements of Subsection (2); and
186
(b) (i) if the processing clerk determines that the petition meets the requirements of
187
Subsection (2):
188
(A) certify the petition and deliver it to the legislative body of the processing county;
189
(B) mail or deliver written notification of the certification to the contact sponsor; and
190
(C) mail a copy of the certification notification to the clerk of each other existing county;
191
or
192
(ii) if the processing clerk determines that the petition fails to meet any of those
193
requirements, reject the petition and mail or deliver written notification of the rejection and the
194
reasons for the rejection to the contact sponsor and the legislative body of each existing county.
195
Section 7.
Section
17-3-207
is enacted to read:
196
17-3-207. Creation of new county -- Election.
197
(1) At the next special election date under Subsection
20A-1-204
(1)(a) that is more than
198
45 days after certification of a petition under Subsection
17-3-206
(6), the legislative body of each
199
existing county shall hold an election on the proposal to create a new county.
200
(2) The legislative body of each existing county shall give reasonable, advance public
201
notice of the election under Subsection (1).
202
(3) The form of ballot in an election under Subsection (1) shall be:
203
For the creation of (insert the name of the proposed new county)
204
Against the creation of (insert the name of the proposed new county)
205
Section 8.
Section
17-3-208
is enacted to read:
206
17-3-208. Election returns -- Lieutenant governor certification -- Governor's
207
proclamation.
208
(1) Immediately after the canvass of an election under Subsection
17-3-207
(1) has been
209
completed, the clerk of each existing county shall:
210
(a) prepare a certified abstract of the canvass, seal the certified abstract, and endorse it
211
"election returns"; and
212
(b) deliver the sealed, certified abstract in person or mail it by registered mail to the
213
lieutenant governor.
214
(2) Upon receipt of the certified abstract, the lieutenant governor shall promptly certify the
215
result of the election to the governor.
216
(3) If a majority of those voting from within the proposed new county and a majority of
217
those voting from within each existing county vote in favor of the proposed new county, the
218
governor shall issue a written proclamation that:
219
(a) states the result of the election;
220
(b) declares the creation of the new county, to take effect at noon on the first Monday in
221
January of the year following the election of officers under Section
17-3-210
;
222
(c) declares the name of the new county, as stated in the petition under Subsection
223
17-3-206
(2)(b);
224
(d) describes the boundaries of the new county and the boundaries of each of the counties
225
from which part of the new county will be taken, as altered by the creation of the new county; and
226
(e) states the judicial district to which the new county will belong.
227
(4) Within three days after issuing a proclamation under Subsection (3), the governor shall
228
mail a copy of the proclamation to the legislative body of each county from which the new county
229
will be taken.
230
Section 9.
Section
17-3-209
is enacted to read:
231
17-3-209. Transition committee -- Membership -- Duties.
232
(1) Within 45 days after the issuance of the governor's proclamation under Subsection
233
17-3-208
(3), the legislative body of the processing county shall convene the first meeting of a
234
transition committee consisting of:
235
(a) if the new county will be taken entirely from a single existing county:
236
(i) three persons designated by the legislative body of the existing county within 20 days
237
after the issuance of the governor's proclamation under Subsection
17-3-208
(3);
238
(ii) three residents of the future new county designated by the governor within 20 days
239
after the issuance of the governor's proclamation under Subsection
17-3-208
(3); and
240
(iii) three persons chosen by a majority of the other committee members under Subsections
241
(1)(a)(i) and (ii); or
242
(b) if the new county will be taken from more than one existing county:
243
(i) two persons from each existing county, designated by the legislative body of each
244
respective existing county within 20 days after the issuance of the governor's proclamation under
245
Subsection
17-3-208
(3);
246
(ii) residents of the future new county equal in number to the number of existing counties,
247
designated by the governor within 20 days after the issuance of the governor's proclamation under
248
Subsection
17-3-208
(3); and
249
(iii) persons chosen by a majority of the other committee members under Subsections
250
(1)(b)(i) and (ii), equal in number to the number of existing counties from which the new county
251
will be taken.
252
(2) The transition committee shall elect a chair from its members and establish rules to
253
govern its proceedings.
254
(3) A majority of the members of the transition committee constitutes a quorum, and the
255
action of a majority of a quorum constitutes the action of the transition committee.
256
(4) All meetings of the transition committee shall comply with Title 52, Chapter 4, Open
257
and Public Meetings.
258
(5) Members of the transition committee may not be paid for their service on the
259
committee, but shall be reimbursed all reasonably necessary expenses incurred in serving on the
260
committee.
261
(6) Before the effective date of the new county's creation, the transition committee shall:
262
(a) meet as often as the committee considers necessary;
263
(b) divide and allocate between each existing county and the new county the assets and
264
liabilities of that existing county at the time of the new county's creation;
265
(c) determine the effect of the new county's creation on each dependent special district
266
created under Title 17A, Chapter 3, Dependent Special Districts, that is located partly within one
267
or more of the existing counties and partly within the new county;
268
(d) determine the proper disposition of land title records and other records of each existing
269
county, including whether the existing county or new county should retain the original documents
270
and whether duplicates of the records should be produced for a county that does not retain or
271
obtain possession of the originals;
272
(e) determine all other administrative matters that arise as a result of the creation of a new
273
county and that involve the new county and an existing county;
274
(f) at least 60 days before an election under Section
17-3-210
, designate three
275
municipalities within the future new county to go on the ballot at the election as choices for county
276
seat of the new county; and
277
(g) prepare and distribute publicly a written report of the transition committee's actions
278
under Subsections (6)(b), (c), (d), (e), and (f).
279
(7) In fulfilling its responsibilities under Subsection (6), each transition committee:
280
(a) shall treat each existing county and the new county fairly and equitably, giving
281
preference to no county and proportionately dividing between each existing county and the new
282
county the existing county's assets and liabilities, taking into account differences between the
283
counties in terms of population, population density, infrastructure, geography, size, assessed value
284
of property, and expected revenues from property tax, other taxes, and other revenue sources; and
285
(b) may engage professionals the committee reasonably considers necessary to assist the
286
committee.
287
(8) Each existing county and the new county shall equally bear all expenses of the
288
transition committee.
289
(9) (a) Judicial review of a decision of the transition committee may be sought by:
290
(i) the legislative body of an existing county; or
291
(ii) (A) before the creation of the new county, the members-elect of the legislative body
292
of the new county; or
293
(B) after the creation of the new county, the legislative body of the new county.
294
(b) Each request for judicial review under Subsection (9)(a) shall be filed:
295
(i) within the later of:
296
(A) 30 days after the issuance of the transition committee's report under Subsection (6)(e);
297
or
298
(B) 30 days after the election of officers of the new county under Section
17-3-207
; and
299
(ii) with the district court that has jurisdiction in the county from which the new county
300
is being created.
301
(c) In an action under Subsection (9)(a), the court shall uphold the decision of the
302
transition committee unless the court determines that the decision is arbitrary, capricious, or illegal.
303
Section 10.
Section
17-3-210
is enacted to read:
304
17-3-210. Election to select county seat and to elect officers in new county.
305
(1) On the first Tuesday after the first Monday of November next following the issuance
306
of the governor's proclamation under Subsection
17-3-208
(3), the legislative body of each existing
307
county shall hold an election of voters within the new county to select a county seat and to elect
308
county officers for the new county.
309
(2) Notwithstanding Subsection
20A-9-202
(1), each person intending to become a
310
candidate for a county office to be filled at the election under Subsection (1) shall file a declaration
311
of candidacy within 15 days after the issuance of the governor's proclamation under Subsection
312
17-3-208
(3).
313
(3) The city or town receiving the largest number of votes for county seat in an election
314
under Subsection (1) shall be the seat of the new county.
315
Section 11.
Section
17-3-211
is enacted to read:
316
17-3-211. Election code applies -- Election expenses.
317
(1) Except as otherwise provided in this part, the provisions of Title 20A, Election Code,
318
apply to each election under this part.
319
(2) Each existing county and the new county shall equally share all expenses of the
320
elections provided for under this part.
321
Section 12.
Section
17-3-212
is enacted to read:
322
17-3-212. Transfer of records -- Expenses shared by counties.
323
(1) On or before the effective date of the creation of a new county, the clerk and recorder
324
of each existing county shall:
325
(a) work with the clerk-elect and recorder-elect of the new county to carry into effect the
326
determination of the transition committee under Subsection
17-3-209
(6)(d); and
327
(b) deliver to the clerk-elect and recorder-elect of the new county:
328
(i) all original records relating to or affecting:
329
(A) elections that have been held within the area of the new county;
330
(B) the creation or operation of dependent special districts created under Title 17A,
331
Chapter 3, Dependent Special Districts, located entirely within the new county; and
332
(C) the creation of independent special districts created under Title 17A, Chapter 2,
333
Independent Special Districts, located entirely within the new county; and
334
(ii) certified copies of records relating to or affecting:
335
(A) elections held in voting precincts located partly in an existing county and partly in the
336
new county;
337
(B) the creation or operation of dependent special districts created under Title 17A,
338
Chapter 3, Dependent Special Districts, located partly in an existing county and partly in the new
339
county; and
340
(C) the creation of independent special districts created under Title 17A, Chapter 2,
341
Independent Special Districts, located partly within an existing county and partly within the new
342
county.
343
(2) The new county shall pay all expenses of copying and transferring records or copies
344
of records from an existing county to the new county.
345
Section 13.
Section
17-3-213
is enacted to read:
346
17-3-213. Effect on school districts, special districts, and voting precincts.
347
(1) The creation of a new county under this part does not affect the boundaries of an
348
independent special district, created under Title 17A, Chapter 2, Independent Special Districts, or
349
a school district located within an existing county or the new county.
350
(2) The creation of a new county divides each voting precinct located partly within an
351
existing county and partly within the new county along the boundary separating the two counties.
352
(3) The effect of the creation of a new county on a dependent special district created under
353
Title 17A, Chapter 3, Dependent Special Districts, located partly within an existing county and
354
partly within the new county, shall be determined by the transition committee under Section
355
17-3-206
.
356
Section 14.
Section
17-3-214
is enacted to read:
357
17-3-214. Offenses in new county -- Civil and criminal actions.
358
(1) Each offense committed in the area of the new county before the creation of the new
359
county that has not been prosecuted may be prosecuted to judgment and execution in the new
360
county.
361
(2) Each civil or criminal action pending in the district court to which the existing county
362
belongs may continue to be prosecuted in the district court to which the new county belongs,
363
subject to a change of venue as provided by law.
364
Section 15.
Section
17-3-215
is enacted to read:
365
17-3-215. Delivery of certified tax list -- Delivery of taxes collected.
366
Upon the effective date of the creation of the new county, the treasurer of each existing
367
county shall deliver to the treasurer of the new county:
368
(1) a certified list of all taxes collected by the treasurer of the existing county for the
369
preceding year upon the property located within the new county; and
370
(2) all taxes collected by the treasurer of the existing county for the preceding year upon
371
property located within the new county, less the new county's pro rata share of the cost of assessing
372
and collecting the taxes and the entire cost of preparing the certified list under Subsection (1).
373
Section 16.
Section
17-3-301
is enacted to read:
374
Part 3. Consolidating Counties
375
17-3-301. Consolidation of multiple counties.
376
Two or more contiguous counties may be consolidated into a single new county as provided
377
in this part.
378
Section 17.
Section
17-3-302
is enacted to read:
379
17-3-302. Consolidation of counties -- Petition.
380
(1) The process to consolidate more than one county into a single new county is initiated
381
by filing a petition with the clerk of the most populous county of the counties proposed to be
382
consolidated.
383
(2) Each petition under Subsection (1) shall:
384
(a) contain the signatures of registered voters residing within each of the counties proposed
385
to be consolidated equal in number to at least 25% of the number of votes cast within each of the
386
respective counties at the last gubernatorial election before the filing of the petition;
387
(b) state the name of the proposed consolidated county; and
388
(c) be filed before the first Monday in May of any year.
389
(3) Within five days of the filing of a petition under Subsection (1), the clerk of the county
390
in which the petition was filed shall deliver a copy of the petition to the clerk of each other county
391
proposed to be consolidated.
392
Section 18.
Section
17-3-303
is enacted to read:
393
17-3-303. Consolidation of counties -- Election.
394
(1) At the next special election date under Subsection
20A-1-204
(1)(a) that is more than
395
45 days after the filing of a petition under Subsection
17-3-302
(1), the legislative body of each of
396
the counties proposed to be consolidated shall hold an election on the proposal to consolidate
397
counties.
398
(2) The legislative body of each of the counties proposed to be consolidated shall give
399
reasonable, advance public notice in its respective county of the election under Subsection (1).
400
(3) The form of ballot in an election under Subsection (1) shall be:
401
For the consolidation of (insert the names of each of the counties proposed to be
402
consolidated) into a single new county known as (insert the proposed name of the proposed
403
consolidated county)
404
Against the consolidation of (insert the names of each of the counties proposed to be
405
consolidated) into a single new county known as (insert the proposed name of the proposed
406
consolidated county)
407
Section 19.
Section
17-3-304
is enacted to read:
408
17-3-304. Election returns -- Lieutenant governor certification -- Governor's
409
proclamation.
410
(1) Immediately after the canvass of an election under Subsection
17-3-303
(1) has been
411
completed, the county clerk of each county proposed to be consolidated shall:
412
(a) prepare a certified abstract of the canvass, seal the certified abstract, and endorse it
413
"election returns"; and
414
(b) deliver the sealed, certified abstract in person or mail it by registered mail to the
415
lieutenant governor.
416
(2) Upon receipt of the certified abstract, the lieutenant governor shall promptly certify the
417
result of the election to the governor.
418
(3) If a majority of those voting from each county vote in favor of consolidating the
419
counties into a single county, the governor shall issue a written proclamation that:
420
(a) states the result of the election;
421
(b) declares the consolidation of the multiple counties into a single county, to take effect
422
at 12 noon on the first Monday in January of the year following the election of officers under
423
Section
17-3-305
;
424
(c) declares the name of the consolidated county, as stated in the petition under Subsection
425
17-3-302
(2)(b);
426
(d) describes the boundaries of the consolidated county; and
427
(e) states the judicial district to which the new county belongs.
428
(4) Within three days after issuing a proclamation under Subsection (3), the governor shall
429
mail a copy of the proclamation to the legislative body of each of the counties to be consolidated.
430
Section 20.
Section
17-3-305
is enacted to read:
431
17-3-305. Election to select county seat and to elect officers in consolidated county.
432
(1) On the first Tuesday after the first Monday of November next following the issuance
433
of the governor's proclamation under Subsection
17-3-304
(3), the legislative body of each of the
434
counties to be consolidated shall hold an election to select a county seat and to elect county officers
435
for the new consolidated county.
436
(2) Notwithstanding Subsection
20A-9-202
(1), each person intending to become a
437
candidate for a county office to be filled at the election under Subsection (1) shall file a declaration
438
of candidacy within 15 days after the issuance of the governor's proclamation under Subsection
439
17-3-304
(3).
440
(3) The city or town receiving the largest number of votes for county seat in an election
441
under Subsection (1) shall be the seat of the new county.
442
Section 21.
Section
17-3-306
is enacted to read:
443
17-3-306. Election code applies -- Election expenses.
444
(1) Except as otherwise provided in this part, the provisions of Title 20A, Election Code,
445
apply to each election under this part.
446
(2) Each of the counties proposed to be consolidated shall bear their own respective
447
expenses of the elections provided for under this part.
448
Section 22.
Section
17-3-307
is enacted to read:
449
17-3-307. Transfer of records -- Expenses -- Transition to consolidated county.
450
(1) On or before the effective date of the consolidation, the legislative body of each of the
451
counties to be consolidated shall deliver to the members-elect of the legislative body of the
452
consolidated county all original records of the respective counties to be consolidated.
453
(2) The new county shall pay all expenses of transferring records from the counties to be
454
consolidated to the consolidated county.
455
(3) The legislative body and all officers and employees of each of the counties to be
456
consolidated shall cooperate and take all steps reasonably necessary for a smooth and orderly
457
transition from separate counties with their separate organizations and structures to a consolidated
458
county with its consolidated organization and structure.
459
Section 23.
Section
17-3-308
is enacted to read:
460
17-3-308. Effect of consolidation.
461
(1) Upon consolidation:
462
(a) each of the counties being consolidated are dissolved and lose their separate identity;
463
(b) all assets of each of the counties being consolidated are transferred and belong to the
464
new consolidated county; and
465
(c) all liabilities of each of the counties being consolidated are transferred to and assumed
466
by the new consolidated county.
467
(2) The consolidation of multiple counties under this part does not affect the boundaries
468
of an independent special district, created under Title 17A, Chapter 2, Independent Special
469
Districts, or a school district located within the area of the consolidated county.
470
Section 24. Repealer.
471
This act repeals:
472
Section 17-3-1, By petition -- Election -- Ballots.
473
Section 17-3-2, Election returns transmitted to lieutenant governor.
474
Section 17-3-3, Certification of returns -- Governor's proclamation of creation of new
475
county -- Name -- Judicial district.
476
Section 17-3-4, County seat, selection by election -- First officers -- Election.
477
Section 17-3-5, Records to be transmitted -- Expenses for transcribing and transfer.
478
Section 17-3-6, Effect on precincts and school and other districts -- Indebtedness.
479
Section 17-3-7, Pending civil and criminal actions.
480
Section 17-3-8, Prior offenses.
481
Section 17-3-9, Division of taxes.
[Bill Documents][Bills Directory]