County Forms of Government Amendments

17
17-62-404
17-62-504
1
County Forms of Government Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor: Michael L. Kohler
LONG TITLE
General Description:
This bill repeals restrictions on including a part-time or full-time county executive or
legislative body in a new or amended optional county government plan.
Highlighted Provisions:
This bill:
repeals a restriction on a county with a population of 225,000 or more from including in
an optional county government plan a full-time county commission in an expanded
county commission form of government; and
repeals a requirement that a majority of a county's registered voters must vote to amend
an optional plan that changes the status of a county executive or legislative body from
full-time to part-time, or from part-time to full-time.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-62-404
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
17-62-504
, as renumbered and amended by Laws of Utah 2025, First Special Session,
Chapter 13
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17-62-404
is amended to read:
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
; or
(v)
provides, in a county with a population of 225,000 or more, for a full-time
county commission in an expanded county commission form of government under
Section
17-62-202
.
.
(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.
Section 2. Section
17-62-504
is amended to read:
17-62-504
. Amendment of optional plan.
(1)
Subject to Subsection
(2)
, an optional plan, after going into effect following an election
held under Section
17-62-501
, may be amended by an affirmative vote of two-thirds of
the county legislative body.
(2)
Notwithstanding Subsection
(1)
, an amendment to an optional plan that is in effect may
not take effect until a majority of registered voters voting in a general or special election
at which the amendment is proposed approve the amendment, if the amendment changes:
(a)
the size or makeup of the legislative body, except for adjustments necessary due to
decennial reapportionment;
or
(b)
the distribution of powers between the executive and legislative branches of county
government
; or
(c)
the status of the county executive or legislative body from full-time to part-time or
vice versa
.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-9-26 9:00 AM