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

835 words·~4 min read·/ut/title-17/chapter-62/17-62-402·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/6/2025

(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.

(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.

(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