HB 604

 03-03 20:14  1st Sub. (Buff) H.B. 604
                        Matt MacPherson proposes the following substitute bill:
1Local Government Official Amendments
                                        2026 GENERAL SESSION
                                             STATE OF UTAH
                                   Chief Sponsor: Matt MacPherson
                                       Senate Sponsor: Keith Grover
2
3   LONG TITLE
4   General Description:
5This bill creates requirements for holding local legislative office.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ provides that a local executive official may not serve on a municipal or county legislative
10   body, subject to a time-limited exception;
11▸ includes a sunset provision; and
12▸ makes technical and conforming changes.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
                                                                                                         1st Sub. H.B. 604
18   AMENDS:
1963I-2-210, as last amended by Laws of Utah 2025, First Special Session, Chapter 15
2063I-2-217, as last amended by Laws of Utah 2025, First Special Session, Chapter 7
21   ENACTS:
2210-3-303, Utah Code Annotated 1953
2317-66-207, Utah Code Annotated 1953
24
25   Be it enacted by the Legislature of the state of Utah:
26Section 1. Section 10-3-303 is enacted to read:
2710-3-303 . Certain officials prohibited from serving in certain municipal offices.
28   (1) As used in this section, "local executive official" means:
 1st Sub. (Buff) H.B. 604  03-03 20:14
29(a) the elected county executive with the duties described in Title 17, Chapter 65, Part 3,
30Powers and Duties;
31(b) a county manager or county administrator, whether hired or appointed; or
32(c) the mayor or manager for a municipality, whether elected or appointed
33   (2) Except as provided in Subsection (3), a local executive official may not serve on a
34municipal legislative body, whether the municipal legislative member is elected or
35appointed, if the municipality is the same as or within, in whole or in part, the political
36subdivision where the local executive official serves.
37   (3) An individual who holds office in violation of Subsection (2) may continue to serve in
38the municipal legislative office:
39(a) if the individual was in violation of Subsection (2) on May 6, 2026, until the earlier
40of:
41(i) the day on which the individual's replacement, whether selected by election or
42appointment, is sworn into legislative office; or
43(ii) January 31, 2027; and
44(b) if Subsection (3)(a) does not apply, until the earlier of:
45(i) the day on which the individual's replacement, whether selected by election or
46appointment, is sworn into legislative office; or
47(ii) one year from the day that the violation first occurs.
48Section 2. Section 17-66-207 is enacted to read:
4917-66-207 . Certain officials prohibited from serving in certain county offices.
50   (1) As used in this section, "local executive official" means:
51(a) the elected county executive with the duties described in Title 17, Chapter 65, Part 3,
52Powers and Duties; or
53(b) a county manager or county administrator, whether hired or appointed.
54   (2) Except as provided in Subsection (3), a local executive official may not serve on a
55county legislative body, whether the county legislative member is elected or appointed,
56in the same county where the local executive official serves.
57   (3) An individual who holds office in violation of Subsection (2) may continue to serve in
58the county legislative office:
59(a) if the individual was in violation of Subsection (2) on May 6, 2026, until the earlier
60of:
61(i) the day on which the individual's replacement, whether selected by election or
62appointment, is sworn into legislative office; or
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 03-03 20:14  1st Sub. (Buff) H.B. 604
63(ii) January 31, 2027; and
64(b) if Subsection (3)(a) does not apply, until the earlier of:
65(i) the day on which the individual's replacement, whether selected by election or
66appointment, is sworn into legislative office; or
67(ii) one year from the day that the violation first occurs.
68Section 3. Section 63I-2-210 is amended to read:
6963I-2-210 . Repeal dates: Title 10.
70   (1) Subsection 10-2a-205(2)(b)(iii), regarding a feasibility study for the proposed
71incorporation of a community council area, is repealed July 1, 2028.
72   (2) Section 10-2a-205.5, Additional feasibility consultant considerations for proposed
73incorporation of community council area -- Additional feasibility study requirements, is
74repealed July 1, 2028.
75   (3) Subsection 10-3-303(3)(a), regarding eligibility to hold municipal legislative office
76while serving as a local executive official, is repealed July 1, 2027.
77   [(3)] (4) Subsection 10-20-904(4)(c), regarding an inspection fee on a qualified water
78conservancy district, is repealed July 1, 2026.
79Section 4. Section 63I-2-217 is amended to read:
8063I-2-217 . Repeal dates: Titles 17 through 17D.
81   (1) Subsection 17-79-804(4)(c), regarding an inspection fee on a qualified water
82conservancy district, is repealed July 1, 2026.
83   (2) Subsection 17-62-102(3), regarding the process for changing a form of county
84government, is repealed January 1, 2028.
85   (3) Subsections 17-62-203(10) through (12), regarding the process to create a districting
86commission and implementing a district map, are repealed July 1, 2029.
87   (4) Subsection 17-66-207(3)(a), regarding eligibility to hold county legislative office while
88serving as a local executive official, is repealed July 1, 2027.
89Section 5. Effective Date.
90   This bill takes effect on May 6, 2026.
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