SB 266

02-06 10:57  S.B. 266
1County Governance Revisions
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                Chief Sponsor: Ronald M. Winterton
                                              House Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill modifies the power and duties of a county manager.
6   Highlighted Provisions:
7This bill:
8▸ vests the executive powers of a county in the county council in a council-manager form of
9   government;
10▸ limits the powers, functions, and duties a county council may delegate to a county
11   manager;
12▸ limits the terms of an employment contract with a county manager;
13▸ prohibits an unelected county employee from exercising the powers, functions, and duties
14   of an elected county executive or county officer; and
15▸ makes technical and conforming changes.
16   Money Appropriated in this Bill:
17None
18   Other Special Clauses:
19None
20   Utah Code Sections Affected:
21   AMENDS:
2217-62-204, as last amended by Laws of Utah 2025, First Special Session, Chapter 7
2317-65-301, as renumbered and amended by Laws of Utah 2025, First Special Session,
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24Chapter 13
25
26   Be it enacted by the Legislature of the state of Utah:
27Section 1. Section 17-62-204 is amended to read:
2817-62-204 . Council-manager form of county government -- Establishment of
29   voting districts.
30   (1) As used in this section, "district" means a geographic area within the boundaries of a
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31      county with a council-manager form of government that is represented only by one
32      council member who:
33      (a) resides in the district;
34      (b) represents only the district where the member resides; and
35      (c) is elected only by voters who reside in the same district as the district where the
36member resides, and that the member represents.
37  (2)(a) The following shall govern a county operating under the form of government
38      known as the "council-manager" form:
39(i) an elected county council;
40(ii) a county manager appointed by the county council; and
41(iii) other county officers and employees authorized by law.
42      (b) The optional plan shall provide for the county manager's:
43(i) qualifications[, ] ;
44(ii) subject to Subsection (8), time and manner of appointment[ subject to
45Subsections (7) and (8), ] ;
46(iii) term of office[, ] ;
47(iv) compensation[,] ; and[ ]
48(v) removal[ of the county manager].
49  (3)(a) In a council-manager form of government, the county council:
50(i) is the legislative body; and
51(ii) is vested with the executive powers of the county.
52      (b) The chair of the legislative body shall ratify an executive action taken by the county
53council.
54  [(3)] (4)(a) [The] A county manager is the administrative head of the county government
55      and has the powers, functions, and duties[ of a county executive, except:]
56[(a) as] the county legislative body[ otherwise] provides by ordinance[; and] .
57[(b) that the county manager may not veto any ordinances enacted by the council.]
58      (b) A county legislative body may not:
59(i) delegate to a county manager the powers, functions, and duties of a county
60executive;
61(ii) delegate to a county manager the powers, functions, and duties of an elected
62county officer, including the county officers described in Section 17-66-102; or
63(iii) require an elected county officer or head of a county department to report to the
64county manager.
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65   (5)(a) A county manager is an at-will employee of the county.
66(b) On or after May 6, 2026, a legislative body may not approve an employment contract
67with a county manager that includes:
68(i) a term of employment that automatically renews, or that is longer than four years;
69(ii) severance or other benefits to be provided to the county manager if the legislative
70body chooses to terminate the county manager's employment with the county; or
71(iii) pay increases that are automatic or are different than county practices or policies
72governing pay increases for other at-will county employees.
73   [(4)] (6)(a) An individual member of the county council may not directly or indirectly, by
74suggestion or otherwise:
75(i) attempt to influence or coerce the county manager in:
76(A) making any appointment;
77(B) removing any officer or employee; or
78(C) purchasing supplies;
79(ii) attempt to exact any promise relative to any appointment from any candidate for
80manager; or
81(iii) discuss directly or indirectly with the county manager the matter of specific
82appointments to any county office or employment, including a salary adjustment
83for an elected county officer.
84(b)(i) A member of the county council who violates the provisions of this Subsection [
85(4)] (6) shall forfeit the member's county council office.
86(ii) [Nothing in this section shall be construed, however, as prohibiting the] This
87section does not prohibit the county council from fully and freely discussing with
88or suggesting to the county manager anything pertaining to county affairs or the
89interests of the county.
90(iii) The county manager may not take part in securing, or contributing any money
91toward, the nomination or election of any candidate for a county office.
92(iv) The optional plan may provide procedures for implementing this Subsection [(4)]
93(6).
94   [(5) In the council-manager form of county government:]
95[(a) the legislative powers of the county are vested in the county council; and]
96[(b) the executive powers of the county are vested in the county manager.]
97   [(6)] (7) A reference in statute or state rule to the "governing body" or the "board of county
98commissioners" of the county, in the council-manager form of county government,
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99      means[:]
100      [(a)] the county council[, with respect to legislative functions, duties, and powers; and] .
101      [(b) the county manager, with respect to executive functions, duties, and powers.]
102  [(7)] (8)(a) As used in this Subsection [(7)] (8), "interim vacancy period" means the
103      period of time that:
104(i) begins on the day on which a general election described in Section 17-66-202 is
105held to elect a county council member; and
106(ii) ends on the day on which the council member-elect begins the county council
107member's term.
108      (b)(i) The county council may [not appoint a] appoint an interim county manager
109during an interim vacancy period for a term that expires when the county council
110appoints a new county manager.
111[(ii) Notwithstanding Subsection (7)(b)(i):]
112[(A) the county council may appoint an interim county manager during an interim
113vacancy period; and]
114[(B) the interim county manager's term shall expire once a new county manager is
115appointed by the new administration after the interim vacancy period has ended]
116(ii) If a county council appoints an interim county manager under Subsection (8)(b)(i),
117the county council shall appoint a new county manager after the interim vacancy
118period ends.
119      (c) Subsection [(7)(b)] (8)(b) does not apply if all the county council members who held
120office on the day [of the county general election whose term of office was vacant for
121the election] the interim vacancy period ends are re-elected to the council for the
122following term.
123  [(8) A county council that appoints a county manager in accordance with this section may
124      not enter into an employment contract that contains an automatic renewal provision with
125      the county manager.]
126  (9)(a) Except as provided in Subsections (9)(b) and (10), beginning on May 7, 2025, a
127      county with a council-manager form of government shall ensure that each county
128      council member:
129(i) represents a single district, rather than being elected at-large;
130(ii) is elected by a majority vote of voters residing within the county council
131member's district; and
132(iii) except as provided in Subsections (12)(a)(iii) and (12)(b), resides in the district
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133the county council member represents.
134(b) A county with a council-manager form of government where at least 65% of county
135council members meet the qualifications of Subsection (9)(a) on and after May 7,
1362025, may continue to have one or more county council members elected at-large.
137(c) A county that adopts a council-manager form of government after May 7, 2025, shall
138ensure that all county council members meet the qualifications described in
139Subsection (9)(a).
140   (10) For a county with a council-manager form of government that does not comply with
141Subsection (9)(a) on May 7, 2025, and to which the exception in Subsection (9)(b) does
142not apply, the county council shall:
143(a) on or before June 1, 2025, establish a districting commission in accordance with
144Subsection (11);
145(b) by October 15, 2025, hold a public meeting at which:
146(i) the county council shall adopt the proposed district map submitted as described in
147Subsection (11)(d); and
148(ii) the county clerk shall designate a current council member to represent each
149district for the remainder of the county council member's term of office in
150accordance with Subsection (12); and
151(c) implement the district map adopted under Subsection (10)(b)(i) for the next county
152council election.
153   (11) A county districting commission established under Subsection (10) shall:
154(a) consist of:
155(i) one representative from each municipality located wholly within the county, who
156is either the municipality's mayor or a municipal resident whom the mayor
157appoints;
158(ii) one representative who resides in an unincorporated area of the county, appointed
159by the county council; and
160(iii) the county clerk, or the county clerk's designee, as a non-voting member;
161(b) select by majority vote the chair of the districting commission from among the
162membership of the districting commission;
163(c) divide the county into districts by:
164(i) using the total population enumeration of the most recent decennial census to
165ensure that there is less than 10% total population deviation between each district;
166(ii) ensuring that each district is contiguous and reasonably compact;
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167(iii) drawing district boundary lines that, to the extent practicable, do not divide
168existing voting precincts; and
169(iv) complying with the United States Constitution; and
170      (d) by no later than October 1, 2025, submit a proposed district map to the county
171council that:
172(i) is recommended by a majority of districting commission members; and
173(ii) complies with the requirements of Subsection (11)(c).
174  (12)(a) For a county council that adopts a district map described in Subsection (10)(b),
175      the county clerk shall designate one current county council member to serve each
176      district for the remainder of the county council member's term as follows:
177(i) if only one county council member lives in a district in an adopted district map,
178the county clerk shall assign that county council member to represent that district;
179(ii) if more than one county council member lives in a district in an adopted district
180map, the county clerk shall draw lots and assign one county council member to
181represent the district; and
182(iii) if no county council members live in a district in an adopted district map, the
183county clerk shall draw lots and assign from the county council members not
184already assigned under Subsections (12)(a)(i) and (ii) one county council member
185to represent each district.
186      (b) For a county council member assigned under Subsection (12)(a)(iii) to represent a
187district in which the county council member does not live, the county council
188member is eligible to hold the county council member's seat in the assigned district
189until the end of the term that the county council member was in on October 15, 2025,
190unless earlier disqualified by another provision of law.
191  (13)(a) After a county implements a district map for the election of county council
192      members, a county may not redistrict until:
193(i) an official decennial census publicly releases population data for the county,
194unless otherwise required by law; or
195(ii) population growth in the county results in greater than 10% population deviation
196between districts.
197      (b) Each time a county conducts redistricting for the county council districts, the county
198council shall redistrict by:
199(i) adjusting districts in a proposed district map by:
200(A) using the total population enumeration of the most recent decennial census to
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201ensure that there is less than 10% total population deviation between each
202district;
203(B) ensuring that each district is contiguous and reasonably compact;
204(C) drawing district boundary lines that, to the extent practicable, do not divide
205existing voting precincts; and
206(D) complying with the United States Constitution; and
207(ii) after drawing a proposed district map, holding a public meeting, at which the
208county council shall:
209(A) adopt the map as proposed; or
210(B) revise the map and, if the revised map fulfills the requirements of Subsection
211(13)(b)(i), adopt the revised map.
212   (14)(a) A voter in a county that fails to comply with the requirements of Subsections (9)
213through (13) may commence suit in a court of competent jurisdiction to compel
214compliance with, or enjoin a violation of, Subsections (9) through (13).
215(b) The court may award reasonable attorney fees and court costs to a successful
216plaintiff.
217   (15) Beginning January 1, 2026, for a county that fails to comply with the requirements of
218Subsections (9) through (13), in addition to the remedies described in Subsection (14),
219the [state tax commission] State Tax Commission may suspend disbursements of
220transient room tax revenue to the county until the county establishes that the county is in
221compliance with Subsections (9) through (13).
222Section 2. Section 17-65-301 is amended to read:
22317-65-301 . General powers, duties, and functions.
224   (1) The elected county executive is the chief executive officer of the county.
225   (2) Each county executive shall exercise all executive powers, have all executive duties,
226and perform all executive functions of the county, including those enumerated in this
227chapter, except as expressly provided otherwise in statute and except as contrary to the
228powers, duties, and functions of other county officers expressly provided for in:
229(a) Chapter 66, County Officers and Officials Generally;
230(b) Chapter 67, County Assessor;
231(c) Chapter 68, County and District Attorney;
232(d) Chapter 69, County Auditor;
233(e) Chapter 70, County Clerk;
234(f) Chapter 71, County Recorder;
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235      (g) Chapter 72, County Sheriff;
236      (h) Chapter 73, County Surveyor; and
237      (i) Chapter 74, County Treasurer.
238  (3) A county executive may take any action required by law and necessary to the full
239      discharge of the county executive's duties, even though the action is not expressly
240      authorized in statute.
241  (4) An unelected county employee or officer may not perform the duties of an elected
242      county executive.
243Section 3. Effective Date.
244  This bill takes effect on May 6, 2026.
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