County Forms of Government Amendments, the official text

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