All Roll Calls
Yes: 122 • No: 22
UtahH.B. 382026 General SessionHouseWALLET
Local Government Amendments
Sponsored By: James A. Dunnigan (Republican)
Signed by Governor
CountiesLocal Government BoundariesLimited Purpose Local Government EntitiesPolitical Subdivisions (Local Issues)Special Service DistrictsAnnexationCounty and Municipal FinanceCounty OfficersFiscal ProceduresForm of Local GovernmentLocal Government ClassificationLocal Government EmployeesLocal Taxation and Fees
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Bill Overview
Analyzed Economic Effects
29 provisions identified: 10 benefits, 4 costs, 15 mixed.
Overtime pay for county law enforcement
A county can set a work period and pay nonexempt law enforcement workers overtime at 1.5 times their regular hourly rate. This option does not apply in first‑class counties under the Peace Officer Merit System. It also does not override collective bargaining or federal law.
Pay IFD assessment before move in
Before a city or county gives final inspection and a certificate of occupancy for a home with an IFD assessment, the full assessment on that unit must be paid. Any assessment lien must be satisfied and released before move‑in. Buyers and developers must cover these costs up front.
Stronger personnel rules for county workers
Counties with career service and personnel management must have grievance and appeal steps. A career service employee may file a discrimination complaint with the state within 30 days after the county’s written decision. The personnel director must certify covered hires and pay/title/status changes and can review payroll anytime. Career service staff who take exempt roles keep reappointment rights at a comparable grade when openings exist, or a lower role until then. Anyone found guilty of breaking personnel rules loses their county job and cannot work for the county for five years. The director must run inclusive hiring programs and report each year.
Rules and costs to form a new county
A county‑creation petition must be filed by the first Monday in May. The seceding county pays special election costs up front; if the new county is approved, the new county must repay 50% within one year of its effective date. The seceding county must give certified copies of property records that affect the new county, and transfer originals that only relate to the new county. Records set up to be split may be divided, and the new county must repay lawful record‑transfer costs within 30 days of transfer. Civil and criminal cases in the area can continue in the new county, and district or juvenile cases stay put unless venue is changed.
Stricter, clearer county campaign rules
Each county now has local campaign finance rules. Candidates must use a separate campaign bank account and report itemized totals at least once within two weeks before the election and once within two months after. Reports must include in‑kind help and any money in or out of any account since the last report. A report is on time if filed by midnight Mountain Time on the due date, or mailed with a USPS postmark three days before; email filing is allowed if the clerk’s office is not open until midnight. Missing an interim report due before the election can bring a $100 fine, and if not filed within 24 hours after notice, the clerk must disqualify the candidate; the party cannot replace them. Cash or negotiable instruments over $50 from an unknown donor must be paid to the government’s general fund or a 501(c)(3) within 30 days. People seeking midterm appointments must file by set deadlines, and the clerk must send the filing to the county legislative body right away. Anyone with a real interest can sue to enforce these rules, and the losing side pays attorney fees and costs.
Free military records and mining rules
County recorders must record military discharges and related orders for free. The veteran and listed close family can get certified copies at no cost, and an affidavit can prove lineal descent. These certified copies count as original evidence. Recorders also must record mining district rules for free, and certified copies are admissible in court.
Clear rules for county payments and buying
County warrants must state what the bill is for, when the debt began, and which fund will pay. Warrants are paid in the order presented; if a fund has no money, the treasurer registers the warrant and pays it later in order. Counties may pass an ordinance to let finance leaders approve payroll and routine bills like utilities and payments on approved contracts. That ordinance must include a dollar limit above which purchases need the county executive’s approval.
Faster county seat petitions and fixes
When a county‑seat petition is received, the county legislative body must send it to the clerk within three business days. The clerk has 14 days to check the petition and certify if each name is a registered voter. Any signer can ask to remove their signature within three business days after the petition goes to the clerk.
Standard timing for annex and consolidation votes
Consolidation petitions must be presented before the first Monday in June. If that year has a regular general election, the question goes on that ballot; if not, a special November election is called. If an annexation petition is certified, the annexation question goes on the next regular general election ballot, with the exact wording set by law.
Stronger county finance controls and transparency
Every county must get an independent audit and post a notice within 10 days that it is complete; the audit is open to the public. Counties must set internal controls, help the state auditor, and adopt operating and capital budgets for enterprise and special funds, with a copy filed with the state auditor within 30 days. Before setting taxes, the auditor or finance officer must prepare a statement of all funded and floating debt, including amounts and interest rates. Counties must keep detailed records, and the legislative body may investigate, call witnesses, and take sworn evidence. If a budget proposes a non‑routine transfer between a utility fund and another fund, the county must mail notice to each utility customer at least seven days before the hearing; the notice may be mailed with or printed on the bill. Claims must follow a set path: clerk to executive, legal review, and finance review with a full record.
Stronger county money oversight and reports
Finance officers must certify every bond or warrant is within legal debt limits; governing-body findings protect them on certain facts. The treasurer must receive, invest under state rules, record, and disburse county money, and reconcile with the finance officer monthly. The finance officer must keep books by office or department, keep accounts current, make records open for public viewing, and remove and destroy certain fee statements, warrants, and claims under records law. By the last day of each month, the finance officer must report to the state treasurer on last month’s state money handled. Before giving some funds to a community reinvestment agency, the treasurer must consult with that agency.
IFDs cannot take land or rezone
Infrastructure financing districts (IFDs) cannot use eminent domain. IFDs do not change local land‑use rules; city and county zoning still applies. City annexations or city boundary changes do not alter IFD boundaries. IFD debts belong only to the IFD, not to cities, counties, or the state.
Tighter annexation rules for special districts
Annexation petitions and resolutions must include a boundary description and map. After a county or city adopts an annexation resolution, it must send a copy to the special district’s board within five days. In districts where board voting is tied to acre‑feet of water, annexation can start only if owners of 100% of the acre‑feet assigned to the land sign the petition. This strengthens notice and protects water‑right owners from unwanted annexation.
New rules for infrastructure finance districts
A petition to create an infrastructure financing district must include a governing document that describes the projects to be funded. If homes are planned, it must explain how an appointed board seat will become elected as housing milestones are met and include any development agreement and expansion‑area description. The document may let property owners recommend appointed board members in proportion to their property. A district may also contract with another government to handle its administrative services.
Set fees for constable services
A constable may charge $5 for each defendant served and $1 per mile traveled. A constable may also charge $15 for arresting a prisoner. If service is outside the county, mileage cannot exceed what that county’s sheriff would charge. Counties can sign contracts to set lower fees.
Tougher voter thresholds for county changes
A “voter” means someone registered in Utah. Moving a county seat needs signatures from a majority of active voters, and there is a 180‑day filing cutoff for the next ballot. The same county cannot vote on moving the seat more than once every four years. County consolidation and some annexations need a majority of active voters in the affected area. Creating a new county needs signatures from at least 25% of active voters in both the proposed new area and the remaining area. In fifth‑ or sixth‑class counties, a petition is valid only if at least 30% of active voters sign. Electronic signatures are not allowed on county‑creation petitions.
Using 'county' in names needs consent
A local entity cannot use the word “county” in its name without written consent from that county. A county with a similar name can sue to enforce this rule.
Combined bills and limits on shutoffs
A county treasurer may agree to bill and collect special‑district assessments, which can put assessments on your county bill. A district that provides more than one service can send a single, combined bill. Districts can suspend service if a customer does not pay on time. But they cannot shut off service at a private third party’s request, and owners may only request a temporary stop for maintenance, not for collections or eviction.
IFD board pay and conflict rules
The law clarifies that an infrastructure financing district follows the Infrastructure Financing District Act. A board member with certain personal investments is not in violation if they make the required disclosures before serving and after big changes, and follow the governing document. An IFD cannot pay a board member unless the member lives inside the district.
New recording fees and payment rules
County recorder fees are set in law. It costs $40 to record most documents, $50 per plat sheet plus $2 per lot, and $5 to redact personal data. In class 2–6 counties, add $5 per service if the county’s restricted account has no balance. You must pay fees before recording or getting copies, but the recorder can only charge one recording fee per instrument. Counties may offer subscription access and set reasonable fees for services not listed in state law.
Tighter annexation rules for districts
For most special districts, annexation can start only if one test is met: owners with at least 10% of private area and 10% of value sign, or a single public owner signs if all land is public (not federal), or voters equal to 10% of recent governor votes sign. For infrastructure financing districts, any expansion area must touch the original boundary and be listed in the district’s original governing document. Annexation into an IFD’s expansion area can start only if 100% of surface‑land owners in the proposed area sign.
Clear rules for county petitions
To seek an optional county plan, sponsors must list five sponsors, pick a contact sponsor, give addresses and phone numbers, and all must sign. Sponsors have 180 days after filing the notice to submit the petition, and must file public financial disclosures within 30 days after submission. The county clerk has 30 days to check signatures and either certify or reject and explain why; the clerk must send some certified plans to the county attorney within 10 days. If rejected, sponsors can add signatures before the earlier of the 180‑day limit or 20 days after rejection. Sponsors can withdraw a petition only if all agree, within 90 days after certification and at least 45 days before the election, and only if the petition told signers this could happen. Any voter may remove their signature within three business days after the petition is turned in.
Clear rules to pay county bills
The finance officer may pay a claim only after the county executive approves it and sends a certified list. The treasurer pays warrants in the order received as money is available; unpaid warrants earn 5% yearly interest until paid. Payments must show the liability and date, be numbered and recorded, and the treasurer must get notice of dates, amounts, payees, and numbers. Uncashed payments go to the state’s unclaimed property process. The clerk must deliver duplicate, signed claim lists to the finance officer and treasurer. If a civil case moves counties, the originating county must refund trial costs to the receiving county, unless the case belonged in the receiving county.
Counties can fund local development projects
A county may plan and spend county money to develop water, minerals, jobs, industry, history, culture, and other local resources. How this affects taxes or services depends on choices your county makes.
In small counties clerk is auditor
In counties with taxable value under $100,000,000, the county clerk also serves as county auditor. The clerk must do auditor duties without extra pay, but the county may add pay within state limits.
New rules for ballots and campaign reports
If a candidate is disqualified 65 days or less before an election, officials must notify opponents, try to email voters, post online, and not count votes for that candidate. The county clerk must let the public see campaign finance reports within one business day, post them online within seven business days, and send the link to the lieutenant governor within two business days. If a county has no local campaign finance ordinance, county and local school board candidates must use separate campaign bank accounts, file a report seven days before the general election (covering through 10 days before), and file again within 30 days after the election.
Planetarium must file yearly finances
The planetarium’s board must send the county an annual report on operations. It must include GAAP‑prepared financials reviewed by the county finance officer. The planetarium’s finances are part of the county’s yearly independent audit.
New IFD funding rules and reports
IFDs must follow the special‑district process to create, annex, or withdraw areas. IFDs may issue bonds only under the Assessment Area and C‑PACE laws, but they may use assessment or bond money for operations, maintenance, and some economic‑promotion work. IFD‑funded infrastructure must meet local standards and be conveyed to the public owner at no cost. By May 31 each year, IFDs must report taxes, assessments, debt, spending, boundary changes, and housing units built.
New rules for county deputies and staffing
County or precinct officers may appoint deputies only with consent from the county legislative body, or from the executive if consent is delegated by ordinance. The appointing officer must sign and file the deputy appointment and is liable for the deputy’s official acts; a deputy may keep serving if the office becomes vacant. In sheriff’s offices with more than 100 full‑time uniformed officers, the sheriff may appoint more than one chief deputy with consent. If the clerk performs district‑court clerk work, the county must provide deputies and staff as judges deem needed within available funding.
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Sponsors & Cosponsors
Sponsor
James A. Dunnigan
Republican • House
Cosponsors
Michael K. McKell
Republican • Senate
Roll Call Votes
Senate vote • 2/20/2026
Senate/ passed 3rd reading
Yes: 19 • No: 4
Senate vote • 2/19/2026
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/19/2026
Senate/ passed 2nd reading
Yes: 24 • No: 4
Senate vote • 2/19/2026
Senate/ circled
Yes: 0 • No: 0
House vote • 2/13/2026
Senate Comm - Favorable Recommendation
Yes: 6 • No: 0
House vote • 2/9/2026
House/ passed 3rd reading
Yes: 56 • No: 13
House vote • 2/9/2026
House/ substituted
Yes: 0 • No: 0
House vote • 1/29/2026
House Comm - Substitute Recommendation
Yes: 9 • No: 0
House vote • 1/29/2026
House Comm - Favorable Recommendation
Yes: 8 • No: 1
House vote • 1/20/2026
House/ circled
Yes: 0 • No: 0
Actions Timeline
Governor Signed
3/18/2026House/ to Governor
3/16/2026HouseHouse/ received enrolled bill from Printing
3/16/2026HouseHouse/ enrolled bill to Printing
3/11/2026HouseEnrolled Bill Returned to House or Senate
3/11/2026Draft of Enrolled Bill Prepared
2/23/2026Bill Received from House for Enrolling
2/23/2026House/ signed by Speaker/ sent for enrolling
2/20/2026HouseHouse/ received from Senate
2/20/2026HouseSenate/ to House
2/20/2026SenateSenate/ signed by President/ returned to House
2/20/2026SenateSenate/ passed 3rd reading
2/20/2026SenateSenate/ 3rd reading
2/20/2026SenateSenate/ passed 2nd reading
2/19/2026SenateSenate/ uncircled
2/19/2026SenateSenate/ circled
2/19/2026SenateSenate/ 2nd reading
2/19/2026SenateSenate/ placed on 2nd Reading Calendar
2/17/2026SenateSenate/ committee report favorable
2/17/2026SenateSenate Comm - Favorable Recommendation
2/13/2026Senate/ to standing committee
2/12/2026SenateSenate/ 1st reading (Introduced)
2/10/2026SenateSenate/ received from House
2/9/2026SenateHouse/ to Senate
2/9/2026HouseHouse/ passed 3rd reading
2/9/2026House
Bill Text
Enrolled
3/11/2026
Substitute #3
2/4/2026
Substitute #2
1/29/2026
Substitute #1
1/28/2026
Introduced
12/16/2025
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