§ 17-62-405 — County attorney review of proposed optional plan -- Conflict with statutory or constitutional provisions -- Processing of optional plan after attorney review.

(1) As used in this section:
(1)(a) "Proposed optional plan" means an optional plan that is submitted to the county attorney for review in accordance with a provision of this chapter.
(1)(b) "Requesting entity" means the person who submits a proposed optional plan to the county attorney for review in accordance with a provision of this chapter.
(2) (2)(a) Within 45 days after the day on which the county attorney receives a proposed optional plan from a requesting entity, the county attorney shall review the proposed optional plan and send a written report containing the information described in Subsection (2)(b) to:
(2)(a)(i) the requesting entity; and
(2)(a)(ii) (2)(a)(ii)(A) the petition sponsors, if the proposed optional plan was recommended under Section 17-62-303; or
(2)(a)(ii)(B) the study committee, if the proposed optional plan was recommended under Section 17-62-402.
(2)(b) A report from the county attorney under Subsection (2)(a) shall:
(2)(b)(i) state the county attorney's opinion as to whether implementation of the proposed optional plan would result in a violation of any applicable statutory or constitutional provision;
(2)(b)(ii) if the county attorney concludes that a violation would result:
(2)(b)(ii)(A) identify specifically each statutory or constitutional provision that implementation of the proposed optional plan would violate;
(2)(b)(ii)(B) identify specifically each provision or feature of the proposed optional plan that would result in a statutory or constitutional violation if the proposed optional plan is implemented; and
(2)(b)(ii)(C) recommend how the proposed optional plan may be modified to avoid the statutory or constitutional violation.
(3) (3)(a) The proposed optional plan may not be the subject of an election under Section 17-62-501 if:
(3)(a)(i) the county attorney has not reviewed and submitted a written report in accordance with this section; or
(3)(a)(ii) the county attorney concludes that implementation of the proposed optional plan would result in a violation of an applicable statutory or constitutional provision.
(3)(b) The study committee may:
(3)(b)(i) modify a proposed optional plan that the study committee recommends in accordance with Section 17-62-402 to avoid a violation that a county attorney's report describes under Subsection (2); and
(3)(b)(ii) file a new report under Subsection 17-62-402(3)(a)(iv).
(3)(c) A county legislative body may:
(3)(c)(i) modify a proposed optional plan that the county legislative body proposes in accordance with Section 17-62-302 or 17-62-402 to avoid a violation that a county attorney's report describes under Subsection (2); and
(3)(c)(ii) within 10 days of modifying the proposed optional plan, send the modified proposed optional plan to:
(3)(c)(ii)(A) the county clerk, if the proposed optional plan was proposed in accordance with Section 17-62-302; and
(3)(c)(ii)(B) the county attorney for review in accordance with this section.
(3)(d) (3)(d)(i) The petition sponsors may:
(3)(d)(i)(A) modify a proposed optional plan that the petition proposes in accordance with Subsection 17-62-303(1)(a)(ii) to avoid a violation that a county attorney's report describes under Subsection (2); and
(3)(d)(i)(B) submit the modified proposed optional plan to the county clerk.
(3)(d)(ii) Upon receipt of a modified proposed optional plan described in Subsection (3)(d)(i), the county clerk shall send the modified proposed optional plan to the county attorney for review in accordance with this section.
(4) The county executive, county legislative body, county attorney, and county clerk shall treat the following as an original:
(4)(a) a new report that a study committee files under Subsection 17-62-402(3)(a)(iv);
(4)(b) a modified proposed optional plan that a county legislative body sends under Subsection (3)(c); and
(4)(c) a modified proposed optional plan that petition sponsors submit to the county clerk and that the county clerk sends under Subsection (3)(d).
(5) If the county attorney's written report under Subsection (2)(b) 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 17-62-501.

Legislative History

Renumbered and Amended by Chapter 13, 2025 Special Session 1