(1) As used in this section, "district" means the same as that term is defined in Section 17-62-204. (2) (a) The following shall govern a county operating under the form of government known as the "county executive-council" form: (i) an elected county council; (ii) an elected county executive; and (iii) other officers and employees authorized by law. (b) The optional plan shall provide for the qualifications, time, and manner of election, term of office and compensation of the county executive. (3) The county executive is the chief executive officer or body of the county. (4) In the county executive-council form of county government: (a) the county council is the county legislative body and has the powers, duties, and functions of a county legislative body under Chapter 64, County Legislative Body; and (b) the county executive has the powers, duties, and functions of a county executive under Chapter 65, County Executive. (5) References in any statute to the "governing body" or the "board of county commissioners" of the county, in the county executive-council form of county government, means: (a) the county council, with respect to legislative functions, duties, and powers; and (b) the county executive, with respect to executive functions, duties, and powers. (6) (a) Except as provided in Subsection (6)(b), beginning on October 15, 2025, a county with a county executive-council form of government shall ensure that each council member: (i) represents a single district, rather than being elected at-large; (ii) is elected by a majority of voters residing within the member's district; and (iii) resides in the district the council member represents. (b) A county with a county executive-council form of government where, on and after May 7, 2025, at least 65% of county council members represent districts as described in Subsection (6)(a) may continue to have one or more county council members elected at-large. (c) A county that adopts a county executive-council form of government after May 7, 2025, shall ensure that all county council members meet the qualifications described in Subsection (6)(a). (7) A county with a county executive-council form of government shall: (a) ensure that each time the county implements a district map or conducts redistricting for the county council districts, the resulting district map complies with the requirements in Subsection 17-62-204(13)(b)(i); and (b) adopt a district map as described in Subsection 17-62-204(13)(b)(ii). (8) (a) A voter in a county that fails to comply with the requirements of Subsections (6) and (7) may commence suit in a court of competent jurisdiction to compel compliance with, or enjoin a violation of, Subsections (6) and (7). (b) The court may award reasonable attorney fees and court costs to a successful plaintiff. (9) Beginning January 1, 2026, for a county that fails to comply with the requirements of Subsections (6) and (7), in addition to the remedies described in Subsection (8), the state tax commission may suspend disbursements of transient room tax revenue to the county until the county establishes that the county is in compliance with Subsections (6) and (7).
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