S.B. 78 Enrolled

SPECIAL DISTRICTS AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: R. Mont Evans
AN ACT RELATING TO SPECIAL DISTRICTS; ENCOURAGING NEWLY ELECTED OR
APPOINTED BOARD OR GOVERNING BODY MEMBERS TO COMPLETE TRAINING;
REQUIRING THE STATE AUDITOR TO DEVELOP TRAINING CURRICULUM AND TO
PROVIDE TRAINING; AUTHORIZING PER DIEM COMPENSATION OF BOARD OR
GOVERNING BODY MEMBERS WHO COMPLETE TRAINING; MODIFYING THE
COMPOSITION OF THE BOARD OF TRUSTEES OF A COUNTY IMPROVEMENT
DISTRICT UNDER CERTAIN CIRCUMSTANCES; AND MAKING TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-2-305, as last amended by Chapter 340, Laws of Utah 1995
ENACTS:
17A-2-102, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-2-102 is enacted to read:
17A-2-102. Training for board members.
(1) Each member of a board or governing body of an independent special district, elected
or appointed on or after May 3, 1999, should, within one year after taking office, complete the
training described in Subsection (2).
(2) In conjunction with the Utah Association of Special Districts, the state auditor shall:
(a) develop a training curriculum for the members of independent special district boards
or governing bodies; and
(b) with the assistance of other state offices and departments the state auditor considers
appropriate and at times and locations established by the state auditor, carry out the training of
members of independent special district boards or governing bodies.
(3) (a) An independent special district board or governing body may compensate each

member of the board or governing body up to $100 per day for each day of training described in
Subsection (2) that the member completes.
(b) The per diem amount authorized under Subsection (3)(a) is in addition to all other
amounts of compensation and expense reimbursement authorized under this chapter.
(c) A board or governing body may not pay compensation under Subsection (3)(a) to any
board or governing body member more than once in any consecutive two-year period.
(4) The state auditor shall issue a certificate of completion to each board or governing body
member that completes the training described in Subsection (2).
Section 2. Section 17A-2-305 is amended to read:
17A-2-305. Board of trustees -- Creation -- Appointment and election of members --
Qualifications -- Terms.
(1) (a) Except as provided in Subsection (3) the governing body of each district created
under this part, except a district that has boundaries that coincide with the boundaries of an
incorporated municipality, shall consist of a board of trustees created as provided in this subsection.
(b) (i) Whenever a district is created that does not include property within the boundaries
of an incorporated municipality, the county legislative body of the initiating county may, in the initial
resolution creating the district, declare that the county legislative body of that county act as the
trustees of the district.
(ii) When the county legislative body of the county is designated as the trustees of the
district, they may:
(A) exercise all the powers, authority, and responsibility vested in the trustees under this
chapter; and
(B) use any existing county offices, officers, or employees for the purposes of the district.
(iii) The county legislative body shall charge the district a reasonable amount for the services
rendered to the district by the county officers, offices, and employees, other than the county
legislative body, to the county treasurer for the general fund of the county.
(c) (i) At any time after creation of any district under the provisions of this subsection, the
county legislative body of the initiating county may by resolution determine that the interests of the

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district would be best served by the appointment of a board of trustees.
(ii) The trustees shall be appointed by the county legislative body according to the
procedures and requirements of [Title 17A,] Chapter 1, Part 3, Special District Board Selection
Procedures.
(d) The county legislative body shall hold an election for trustees as provided in [Title 17A,]
Chapter 1, Part 3, Special District Board Selection Procedures, when:
(i) a petition requesting an election for trustees is filed with the county legislative body at
least 30 days before the date set for a bond election or 90 days before the date set for the November
municipal elections; and
(ii) the petition is signed by at least 10% of the people eligible to vote on a bond issue in any
district created under this part.
(2) In the resolution creating the district, the county legislative body of the initiating county
may appoint a board of trustees according to the procedures and requirements of [Title 17A,] Chapter
1, Part 3, Special District Board Selection Procedures, to serve until the election and qualification
of the successors as provided in this part.
(3) (a) If the district is created for the purpose of providing electric service, the requirements
of this subsection supersede any contrary provision in this part.
(i) The initial board of trustees may be appointed by the county legislative body until the
election and qualification of successors as provided in this subsection.
(ii) The board of trustees shall subsequently be elected by the persons using electricity within
the district.
(iii) In addition to the qualifications enumerated in this section, each member of the board
of trustees shall be a resident of the district and a user of electricity from the district.
(iv) The board of trustees may be elected according to geographic areas within the district.
(v) A municipality within the district is not entitled to automatic representation on the board
of trustees.
(b) All proceedings that have taken place in connection with the organization of the board
of trustees of an electric service district are considered valid and binding despite any failure to

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comply with the provisions of this section if the electric service district was created or purported to
be created under this part before April 28, 1986.
(c) The county legislative body of the initiating county may, in the initial resolution creating
an electric service district, set the boundaries of the geographic areas which each trustee will
represent and the number of members who may serve on the board of trustees.
(d) The board of trustees may not consist of less than three or more than nine members.
(4) (a) (i) Each incorporated municipality that is contained entirely within, but does not
coincide with, the boundaries of the district may request the county legislative body to appoint to the
board one member who is a resident of the municipality.
(ii) The legislative body of the municipality shall appoint that member by following the
procedures and requirements of [Title 17A,] Chapter 1, Part 3, Special District Board Selection
Procedures.
(iii) (A) If two or more incorporated municipalities are entitled to representation on the board
of trustees, the number of members of the board of trustees shall be increased to the lowest odd
number greater than the number of those municipalities [so that there is always at least one member
of the board of trustees residing in the district but outside the corporate limits of any incorporated
municipality having the right to appoint a member to the board of trustees].
(B) Except as provided in Subsection (4)(a)(iii)(C), the members of the board of trustees
who are not appointed from a municipality under Subsections (4)(a)(i) and (ii) shall reside within
the district but outside the boundaries of each municipality that has the right to appoint a member
to the board of trustees.
(C) Notwithstanding Subsection (4)(a)(iii)(B), if the population in the unincorporated part
of the district is less than 5% of the total district population, the members of the board of trustees
who are not appointed from a municipality under Subsections (4)(a)(i) and (ii) shall be chosen from
the district at large.
(b) (i) If the boundaries of the newly created district coincide with the boundaries of an
incorporated municipality, the legislative body of the municipality shall be the board of trustees for
the district.

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(ii) When the municipal legislative body serves as the board of trustees:
(A) they shall maintain separate minutes, accounts, and other records of the affairs of the
district;
(B) they may use the existing facilities and personnel of the municipality to administer
district affairs;
(C) their terms coincide with their terms as officials of those municipalities; and
(D) they represent the district at large.
(c) If there is no elected board of trustees for the unincorporated county at the time of the
first bond election, election of members of the board of trustees who are not appointed as
representatives of municipalities shall be held at the time the bond election is held.
(d) Candidates for election to the board of trustees shall be taxpayers and qualified voters
in the district.
(e) [Any owner of real property] Subject to Subsection (4)(a)(iii)(C), a registered voter in
the district outside of an incorporated municipality that has the right to appoint a member to the
board of trustees may file a signed statement announcing [that he is] as a candidate to be one of the
first elected trustees of the district with the county clerk within 30 days after the board of trustees
has entered an order calling the bond election, but not less than 15 days before the election.
(f) The board of trustees, in calling the bond election, shall provide a separate ballot, if
required, that contains the names of the candidates and blanks in which the voters may write in
additional names.
(g) Each voter at the election may vote for three persons, or a lesser number qualified to
represent the area outside the corporate limits of any incorporated municipality that has the right to
appoint a member to the board of trustees, if some members of the board of trustees of the
improvement district are appointed by a municipality or incorporated area.
(h) The three persons, or a lesser number qualified as provided in this section, receiving the
highest number of votes at the election are members of the board of trustees, together with those
members appointed by an incorporated municipality.
(i) As a member of the board of trustees, each representative may vote on all questions,

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orders, resolutions, and ordinances coming before the board.
(j) (i) The members of the first board of trustees shall serve for two and four year terms from
the first Monday of the next January following the first election held in the district.
(ii) Initial terms shall be selected by lot, and shall be apportioned so that, as nearly as
possible, 1/2 of the board will serve for two years and 1/2 for four years.
(k) After the first election, except for appointments made to fill unexpired terms, the term
of each member shall be four years and until his successor is elected and qualified.
(l) In voting on the election of trustees, all qualified voters in the district outside the
corporate limits of any incorporated municipality that has the right to appoint a member to the board
of trustees may vote.
(m) Following the election or appointment of the first trustees, any elected trustee shall be
elected according to the procedures and requirements of [Title 17A,] Chapter 1, Part 3, Special
District Board Selection Procedures.
(n) Each trustee shall:
(i) take office on the first Monday of the January after his election;
(ii) take the oath of office; and
(iii) give the bond required by law for members of the county legislative body.
(o) The trustees initially appointed shall:
(i) meet immediately after their appointment;
(ii) qualify as trustees;
(iii) elect one of their members as chairman; and
(iv) appoint a clerk and a treasurer.

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