Section 406 - County or district attorney review of proposed optional plan -- Conflict with statutory or constitutional provisions -- Processing of optional plan after attorney review.

UT Code § 17-52a-406 (2019) (N/A)
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(1) Within 45 days after the day on which the county or district attorney receives the recommended optional plan from the county clerk under Subsection (3)(d), 17-52a-303(3)(c), or 17-52a-403(3)(b) or from the county legislative body under Subsection (3)(c) or 17-52a-302(3), the county or district attorney shall send a written report to the county clerk containing the information described in Subsection (2).

(2) A report from the county or district attorney under Subsection (1) shall: (a) state the attorney's opinion as to whether implementation of the optional plan described in Subsection (1) would result in a violation of any applicable statutory or constitutional provision; (b) if the attorney concludes that a violation would result: (i) identify specifically each statutory or constitutional provision that implementation of the optional plan would violate; (ii) identify specifically each provision or feature of the proposed optional plan that would result in a statutory or constitutional violation if the plan is implemented; and (iii) recommend how the proposed optional plan may be modified to avoid the statutory or constitutional violation.

(a) state the attorney's opinion as to whether implementation of the optional plan described in Subsection (1) would result in a violation of any applicable statutory or constitutional provision;

(b) if the attorney concludes that a violation would result: (i) identify specifically each statutory or constitutional provision that implementation of the optional plan would violate; (ii) identify specifically each provision or feature of the proposed optional plan that would result in a statutory or constitutional violation if the plan is implemented; and (iii) recommend how the proposed optional plan may be modified to avoid the statutory or constitutional violation.

(i) identify specifically each statutory or constitutional provision that implementation of the optional plan would violate;

(ii) identify specifically each provision or feature of the proposed optional plan that would result in a statutory or constitutional violation if the plan is implemented; and

(iii) recommend how the proposed optional plan may be modified to avoid the statutory or constitutional violation.

(3) (a) Except as provided in Subsection (3)(b), (c), or (d), if the attorney determines under Subsection (2) that a violation would occur, the proposed optional plan may not be the subject of an election under Section 17-52a-501. (b) The study committee may: (i) modify an optional plan that the study committee recommends in accordance with Section 17-52a-403 to avoid a violation that a county or district attorney's report describes under Subsection (2); and (ii) file a new report under Subsection 17-52a-403(3)(a)(iv). (c) A county legislative body may: (i) modify an optional plan that the county legislative body proposes in accordance with Subsection 17-52a-302(1)(b) to avoid a violation that a county or district attorney's report describes under Subsection (2); and (ii) within 10 days of modifying the optional plan, send the modified optional plan to: (A) the county clerk; and (B) the county or district attorney for review in accordance with this section. (d) (i) The petition sponsors may: (A) modify an optional plan that the petition proposes in accordance with Subsection 17-52a-303(1)(a)(ii) to avoid a violation that a county or district attorney's report describes under Subsection (2); and (B) submit the modified optional plan to the county clerk. (ii) Upon receipt of a modified optional plan described in Subsection (3)(d)(i), the county clerk shall send the modified optional plan to the county or district attorney for review in accordance with this section.

(a) Except as provided in Subsection (3)(b), (c), or (d), if the attorney determines under Subsection (2) that a violation would occur, the proposed optional plan may not be the subject of an election under Section 17-52a-501.

(b) The study committee may: (i) modify an optional plan that the study committee recommends in accordance with Section 17-52a-403 to avoid a violation that a county or district attorney's report describes under Subsection (2); and (ii) file a new report under Subsection 17-52a-403(3)(a)(iv).

(i) modify an optional plan that the study committee recommends in accordance with Section 17-52a-403 to avoid a violation that a county or district attorney's report describes under Subsection (2); and

(ii) file a new report under Subsection 17-52a-403(3)(a)(iv).

(c) A county legislative body may: (i) modify an optional plan that the county legislative body proposes in accordance with Subsection 17-52a-302(1)(b) to avoid a violation that a county or district attorney's report describes under Subsection (2); and (ii) within 10 days of modifying the optional plan, send the modified optional plan to: (A) the county clerk; and (B) the county or district attorney for review in accordance with this section.

(i) modify an optional plan that the county legislative body proposes in accordance with Subsection 17-52a-302(1)(b) to avoid a violation that a county or district attorney's report describes under Subsection (2); and

(ii) within 10 days of modifying the optional plan, send the modified optional plan to: (A) the county clerk; and (B) the county or district attorney for review in accordance with this section.

(A) the county clerk; and

(B) the county or district attorney for review in accordance with this section.

(d) (i) The petition sponsors may: (A) modify an optional plan that the petition proposes in accordance with Subsection 17-52a-303(1)(a)(ii) to avoid a violation that a county or district attorney's report describes under Subsection (2); and (B) submit the modified optional plan to the county clerk. (ii) Upon receipt of a modified optional plan described in Subsection (3)(d)(i), the county clerk shall send the modified optional plan to the county or district attorney for review in accordance with this section.

(i) The petition sponsors may: (A) modify an optional plan that the petition proposes in accordance with Subsection 17-52a-303(1)(a)(ii) to avoid a violation that a county or district attorney's report describes under Subsection (2); and (B) submit the modified optional plan to the county clerk.

(A) modify an optional plan that the petition proposes in accordance with Subsection 17-52a-303(1)(a)(ii) to avoid a violation that a county or district attorney's report describes under Subsection (2); and

(B) submit the modified optional plan to the county clerk.

(ii) Upon receipt of a modified optional plan described in Subsection (3)(d)(i), the county clerk shall send the modified optional plan to the county or district attorney for review in accordance with this section.

(4) The county executive, county legislative body, county or district attorney, and county clerk shall treat the following as an original: (a) a new report that a study committee files under Subsection 17-52a-403(3)(a)(iv); (b) a modified optional plan that a county legislative body sends under Subsection (3)(c); and (c) a modified optional plan that petition sponsors submit to the county clerk and that the county clerk sends under Subsection (3)(d).

(a) a new report that a study committee files under Subsection 17-52a-403(3)(a)(iv);

(b) a modified optional plan that a county legislative body sends under Subsection (3)(c); and

(c) a modified optional plan that petition sponsors submit to the county clerk and that the county clerk sends under Subsection (3)(d).

(5) If the attorney's report under Subsection (2) 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 17-52a-501.