1     
LOCAL DISTRICT BOARD AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jerry W. Stevenson

5     
House Sponsor: Stephen G. Handy

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies appointment provisions regarding local district boards of trustees.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the number of voters required to approve a certain tax or levy;
13          ▸     clarifies the application of certain residency requirements for appointed members of
14     local district boards of trustees;
15          ▸     clarifies when appointment procedures apply in the case of a board vacancy; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          17B-1-203, as last amended by Laws of Utah 2013, Chapter 70
24          17B-1-208, as renumbered and amended by Laws of Utah 2007, Chapter 329
25          17B-1-302, as last amended by Laws of Utah 2016, Chapter 140
26          17B-1-303, as last amended by Laws of Utah 2016, Chapter 233
27          17B-1-304, as last amended by Laws of Utah 2014, Chapter 377
28          17B-1-1001, as last amended by Laws of Utah 2013, Chapter 415

29          17B-2a-404, as last amended by Laws of Utah 2015, Chapter 258
30          17B-2a-405, as last amended by Laws of Utah 2015, Chapter 258
31          17B-2a-604, as last amended by Laws of Utah 2010, Chapter 159
32          17B-2a-608, as last amended by Laws of Utah 2013, Chapters 278 and 415
33          17B-2a-704, as last amended by Laws of Utah 2012, Chapter 97
34          17B-2a-905, as last amended by Laws of Utah 2014, Chapter 189
35          17B-2a-1009, as last amended by Laws of Utah 2013, Chapter 415
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 17B-1-203 is amended to read:
39          17B-1-203. Process to initiate the creation of a local district -- Petition or
40     resolution.
41          (1) The process to create a local district may be initiated by:
42          (a) unless the proposed local district is a local district to acquire or assess a
43     groundwater right under Section 17B-1-202, and subject to Section 17B-1-204, a petition
44     signed by the owners of private real property that:
45          (i) is located within the proposed local district;
46          (ii) covers at least 33% of the total private land area within the proposed local district
47     as a whole and within each applicable area;
48          (iii) is equal in value to at least 25% of the value of all private real property within the
49     proposed local district as a whole and within each applicable area; and
50          (iv) complies with the requirements of Subsection 17B-1-205(1) and Section
51     17B-1-208;
52          (b) subject to Section 17B-1-204, a petition that:
53          (i) is signed by registered voters residing within the proposed local district as a whole
54     and within each applicable area, equal in number to at least 33% of the number of votes cast in
55     the proposed local district as a whole and in each applicable area, respectively, for the office of

56     governor at the last regular general election prior to the filing of the petition; and
57          (ii) complies with the requirements of Subsection 17B-1-205(1) and Section
58     17B-1-208;
59          (c) if the proposed local district is a local district to acquire or assess a groundwater
60     right under Section 17B-1-202, and subject to Section 17B-1-204, a petition signed by the
61     owners of groundwater rights that:
62          (i) are diverted within the proposed local district;
63          (ii) cover at least 33% of the total amount of groundwater diverted in accordance with
64     groundwater rights within the proposed local district as a whole and within each applicable
65     area; and
66          (iii) comply with the requirements of Subsection 17B-1-205(1) and Section 17B-1-208;
67          (d) a resolution proposing the creation of a local district, adopted by the legislative
68     body of each county whose unincorporated area, whether in whole or in part, includes and each
69     municipality whose boundaries include any of the proposed local district; or
70          (e) a resolution proposing the creation of a local district, adopted by the board of
71     trustees of an existing local district whose boundaries completely encompass the proposed
72     local district, if:
73          (i) the proposed local district is being created to provide one or more components of
74     the same service that the initiating local district is authorized to provide; and
75          (ii) the initiating local district is not providing to the area of the proposed local district
76     any of the components that the proposed local district is being created to provide.
77          (2) (a) Each resolution under Subsection (1)(d) or (e) shall:
78          (i) describe the area proposed to be included in the proposed local district;
79          (ii) be accompanied by a map that shows the boundaries of the proposed local district;
80          (iii) describe the service proposed to be provided by the proposed local district;
81          (iv) if the resolution proposes the creation of a specialized local district, specify the
82     type of specialized local district proposed to be created;

83          (v) explain the anticipated method of paying the costs of providing the proposed
84     service;
85          (vi) state the estimated average financial impact on a household within the proposed
86     local district;
87          (vii) state the number of members that the board of trustees of the proposed local
88     district will have, consistent with the requirements of Subsection 17B-1-302[(2)](4);
89          (viii) for a proposed basic local district:
90          (A) state whether the members of the board of trustees will be elected or appointed or
91     whether some members will be elected and some appointed, as provided in Section
92     17B-1-1402;
93          (B) if one or more members will be elected, state the basis upon which each elected
94     member will be elected; and
95          (C) if applicable, explain how the election or appointment of board members will
96     transition from one method to another based on stated milestones or events, as provided in
97     Section 17B-1-1402;
98          (ix) for a proposed improvement district whose remaining area members or county
99     members, as those terms are defined in Section 17B-2a-404, are to be elected, state that those
100     members will be elected; and
101          (x) for a proposed service area that is entirely within the unincorporated area of a single
102     county, state whether the initial board of trustees will be:
103          (A) the county legislative body;
104          (B) appointed as provided in Section 17B-1-304; or
105          (C) elected as provided in Section 17B-1-306.
106          (b) Each county or municipal legislative body adopting a resolution under Subsection
107     (1)(d) shall, on or before the first public hearing under Section 17B-1-210, mail or deliver a
108     copy of the resolution to the responsible body if the county or municipal legislative body's
109     resolution is one of multiple resolutions adopted by multiple county or municipal legislative

110     bodies proposing the creation of the same local district.
111          Section 2. Section 17B-1-208 is amended to read:
112          17B-1-208. Additional petition requirements and limitations.
113          (1) Each petition shall:
114          (a) be filed with the responsible clerk;
115          (b) separately group signatures by county and municipality, so that all signatures of the
116     owners of real property located within or of registered voters residing within each county
117     whose unincorporated area includes and each municipality whose boundaries include part of
118     the proposed local district are grouped separately; and
119          (c) state the number of members that the board of trustees of the proposed local district
120     will have, consistent with the requirements of Subsection 17B-1-302[(2)](4).
121          (2) (a) A petition may not propose the creation of a local district that includes an area
122     located within the unincorporated part of a county or within a municipality if the legislative
123     body of that county or municipality has adopted a resolution under Subsection 17B-1-212(1)
124     indicating that the county or municipality will provide to that area the service proposed to be
125     provided by the proposed local district.
126          (b) Subsection (2)(a) does not apply if the county or municipal legislative body is
127     considered to have declined to provide the requested service under Subsection 17B-1-212(3).
128          (c) Subsection (2)(a) may not be construed to prevent the filing of a petition that
129     proposes the creation of a local district whose area excludes that part of the unincorporated area
130     of a county or that part of a municipality to which the county or municipality has indicated, in a
131     resolution adopted under Section 17B-1-212, it will provide the requested service.
132          (3) A petition may not propose the creation of a local district whose area includes:
133          (a) some or all of an area described in a previously filed petition that, subject to
134     Subsection 17B-1-202(4)(b):
135          (i) proposes the creation of a local district to provide the same service as proposed by
136     the later filed petition; and

137          (ii) is still pending at the time the later petition is filed; or
138          (b) some or all of an area within a political subdivision that provides in that area the
139     same service proposed to be provided by the proposed local district.
140          (4) A petition may not be filed more than 12 months after a county or municipal
141     legislative body declines to provide the requested service under Subsection 17B-1-212(1) or is
142     considered to have declined to provide the requested service under Subsection 17B-1-212(2) or
143     (3).
144          Section 3. Section 17B-1-302 is amended to read:
145          17B-1-302. Board member qualifications -- Number of board members.
146          (1) [(a)] Each member of a local district board of trustees shall be:
147          [(i)] (a) a registered voter at the location of the member's residence; and
148          [(ii)] (b) except as otherwise provided in [this] Subsection [(1)] (2) or (3), a resident
149     within:
150          [(A)] (i) the boundaries of the local district; and
151          [(B)] (ii) if applicable, the boundaries of the division of the local district from which
152     the member is elected or appointed.
153          [(b) (i)] (2) (a) As used in this Subsection [(1)(b)] (2):
154          [(A)] (i) "Proportional number" means the number of members of a board of trustees
155     that bears, as close as mathematically possible, the same proportion to all members of the board
156     that the number of seasonally occupied homes bears to all residences within the district that
157     receive service from the district.
158          [(B)] (ii) "Seasonally occupied home" means a single-family residence:
159          [(I)] (A) that is located within the local district;
160          [(II)] (B) that receives service from the local district; and
161          [(III)] (C) whose owner[: (Aa)] does not reside permanently at the residence[; and
162     (Bb)] but may occupy the residence on a temporary or seasonal basis.
163          [(ii)] (b) If over 50% of the residences within a local district that receive service from

164     the local district are seasonally occupied homes, the requirement under Subsection
165     (1)[(a)(ii)](b) is replaced, for a proportional number of members of the board of trustees, with
166     the requirement that the member be an owner of land, or an agent or officer of the owner of
167     land, that:
168          [(A)] (i) receives service from the district; and
169          [(B)] (ii) is located within[: (I)] the local district[; and (II)] and, if applicable, the
170     division from which the member is elected.
171          [(c)] (3) (a) For a board of trustees member in a basic local district that has within [its]
172     the district's boundaries fewer than one residential dwelling unit per 10 acres of land, the
173     requirement under Subsection (1)[(a)(ii)](b) is replaced with the requirement that the member
174     be an owner of land within the local district that receives service from the district, or an agent
175     or officer of the owner.
176          [(d)] (b) A member of the board of trustees of a service area described in Subsection
177     17B-2a-905(2)(a) or (3)(a), who is an elected official of the county appointing the individual, is
178     not subject to the requirements described in Subsection (1)[(a)(ii)](b) if the elected official was
179     elected at large by the voters of the county.
180          [(2)] (4) Except as otherwise provided by statute, the number of members of each
181     board of trustees of a local district shall be an odd number that is no less than three.
182          [(3)] (5) For a newly created local district, the number of members of the initial board
183     of trustees shall be the number specified:
184          (a) for a local district whose creation was initiated by a petition under Subsection
185     17B-1-203(1)(a), (b), or (c), in the petition; or
186          (b) for a local district whose creation was initiated by a resolution under Subsection
187     17B-1-203(1)(d) or (e), in the resolution.
188          [(4)] (6) (a) For an existing local district, the number of members of the board of
189     trustees may be changed by a two-thirds vote of the board of trustees.
190          (b) No change in the number of members of a board of trustees under Subsection [(4)]

191     (6)(a) may:
192          (i) violate Subsection [(2)] (4); or
193          (ii) serve to shorten the term of any member of the board.
194          Section 4. Section 17B-1-303 is amended to read:
195          17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
196     of board member contact information.
197          (1) (a) Except as provided in Subsections (1)(b) and (c), the term of each member of a
198     board of trustees shall begin at noon on the January 1 following the member's election or
199     appointment.
200          (b) The term of each member of the initial board of trustees of a newly created local
201     district shall begin:
202          (i) upon appointment, for an appointed member; and
203          (ii) upon the member taking the oath of office after the canvass of the election at which
204     the member is elected, for an elected member.
205          (c) The term of each water conservancy district board member appointed by the
206     governor as provided in Subsection 17B-2a-1005(2)(c) shall:
207          (i) begin on the later of the following:
208          (A) the date on which the Senate consents to the appointment; or
209          (B) the expiration date of the prior term; and
210          (ii) end on the February 1 that is approximately four years after the date described in
211     Subsection (1)(c)(i)(A) or (B).
212          (2) (a) (i) Except as provided in Subsection (8), and subject to Subsection (2)(a)(ii), the
213     term of each member of a board of trustees shall be four years, except that approximately half
214     the members of the initial board of trustees, chosen by lot, shall serve a two-year term so that
215     the term of approximately half the board members expires every two years.
216          (ii) (A) If the terms of members of the initial board of trustees of a newly created local
217     district do not begin on January 1 because of application of Subsection (1)(b), the terms of

218     those members shall be adjusted as necessary, subject to Subsection (2)(a)(ii)(B), to result in
219     the terms of their successors complying with:
220          (I) the requirement under Subsection (1)(a) for a term to begin on January 1 following
221     a member's election or appointment; and
222          (II) the requirement under Subsection (2)(a)(i) that terms be four years.
223          (B) An adjustment under Subsection (2)(a)(ii)(A) may not add more than a year to or
224     subtract more than a year from a member's term.
225          (b) Each board of trustees member shall serve until a successor is duly elected or
226     appointed and qualified, unless the member earlier is removed from office or resigns or
227     otherwise leaves office.
228          (c) If a member of a board of trustees no longer meets the qualifications of Subsection
229     17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or appointed
230     successor:
231          (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
232          (ii) the member may continue to serve until a successor is duly elected or appointed
233     and qualified.
234          (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
235     shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
236          (ii) An oath of office may be administered by a judge, county clerk, notary public, or
237     the local district clerk.
238          (b) Each oath of office shall be filed with the clerk of the local district.
239          (c) The failure of a board of trustees member to take the oath required by Subsection
240     (3)(a) does not invalidate any official act of that member.
241          (4) A board of trustees member is not limited in the number of terms the member may
242     serve.
243          (5) Except as provided in Subsection (6), each midterm vacancy in a board of trustees
244     position shall be filled as provided in Section 20A-1-512.

245          (6) (a) For purposes of this Subsection (6):
246          (i) "Appointed official" means a person who:
247          (A) is appointed as a member of a local district board of trustees by a county or
248     municipality entitled to appoint a member to the board; and
249          (B) holds an elected position with the appointing county or municipality.
250          (ii) "Appointing entity" means the county or municipality that appointed the appointed
251     official to the board of trustees.
252          (b) The board of trustees shall declare a midterm vacancy for the board position held
253     by an appointed official if:
254          (i) during the appointed official's term on the board of trustees, the appointed official
255     ceases to hold the elected position with the appointing entity; and
256          (ii) the appointing entity submits a written request to the board to declare the vacancy.
257          (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
258     appointing entity shall appoint another person to fill the remaining unexpired term on the board
259     of trustees.
260          (7) (a) Each member of a board of trustees shall give a bond for the faithful
261     performance of the member's duties, in the amount and with the sureties prescribed by the
262     board of trustees.
263          (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
264          (8) The lieutenant governor may extend the term of an elected district board member
265     by one year in order to compensate for a change in the election year under Subsection
266     17B-1-306(13).
267          (9) (a) A local district shall:
268          (i) post on the Utah Public Notice Website created in Section 63F-1-701 the name,
269     phone number, and email address of each member of the local district's board of trustees;
270          (ii) update the information described in Subsection (9)(a)(i) when:
271          (A) the membership of the board of trustees changes; or

272          (B) a member of the board of trustees' phone number or email address changes; and
273          (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the day
274     on which the change requiring the update occurs.
275          (b) This Subsection (9) applies regardless of whether the county or municipal
276     legislative body also serves as the board of trustees of the local district.
277          Section 5. Section 17B-1-304 is amended to read:
278          17B-1-304. Appointment procedures for appointed members.
279          (1) The appointing authority may, by resolution, appoint persons to serve as members
280     of a local district board by following the procedures established by this section.
281          (2) (a) In any calendar year when appointment of a new local district board member is
282     required, the appointing authority shall prepare a notice of vacancy that contains:
283          (i) the positions that are vacant that shall be filled by appointment;
284          (ii) the qualifications required to be appointed to those positions;
285          (iii) the procedures for appointment that the governing body will follow in making
286     those appointments; and
287          (iv) the person to be contacted and any deadlines that a person shall meet who wishes
288     to be considered for appointment to those positions.
289          (b) The appointing authority shall:
290          (i) post the notice of vacancy in four public places within the local district at least one
291     month before the deadline for accepting nominees for appointment; [and]
292          (ii) [(A)] publish the notice of vacancy:
293          [(I)] (A) in a daily newspaper of general circulation within the local district for five
294     consecutive days before the deadline for accepting nominees for appointment; or
295          [(II)] (B) in a local weekly newspaper circulated within the local district in the week
296     before the deadline for accepting nominees for appointment; and
297          [(B)] (iii) publish the notice of vacancy in accordance with Section 45-1-101 for five
298     days before the deadline for accepting nominees for appointment.

299          (c) The appointing authority may bill the local district for the cost of preparing,
300     printing, and publishing the notice.
301          (3) (a) Not sooner than two months after the appointing authority is notified of the
302     vacancy, the appointing authority shall select a person to fill the vacancy from the applicants
303     who meet the qualifications established by law.
304          (b) The appointing authority shall:
305          (i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
306     appointment;
307          (ii) allow any interested persons to be heard; and
308          (iii) adopt a resolution appointing a person to the local district board.
309          (c) If no candidate for appointment to fill the vacancy receives a majority vote of the
310     appointing authority, the appointing authority shall select the appointee from the two top
311     candidates by lot.
312          (4) Persons appointed to serve as members of the local district board serve four-year
313     terms, but may be removed for cause at any time after a hearing by two-thirds vote of the
314     appointing body.
315          (5) (a) At the end of each board member's term, the position is considered vacant, and,
316     after following the appointment procedures established in this section, the appointing authority
317     may either reappoint the [old] incumbent board member or appoint a new member [after
318     following the appointment procedures established in this section].
319          (b) Notwithstanding Subsection (5)(a), a board member may continue to serve until a
320     successor is [duly] elected or appointed and qualified in accordance with Subsection
321     17B-1-303(2)(b).
322          (6) Notwithstanding any other provision of this section, if the appointing authority
323     appoints one of its own members and that member meets all applicable statutory board member
324     qualifications, the appointing authority need not comply with Subsection (2) or (3).
325          Section 6. Section 17B-1-1001 is amended to read:

326          17B-1-1001. Provisions applicable to property tax levy.
327          (1) Each local district that levies and collects property taxes shall levy and collect them
328     according to the provisions of Title 59, Chapter 2, Property Tax Act.
329          (2) As used in this section, "elected official" means a local district board of trustees
330     member who:
331          (a) is elected to the board of trustees by local district voters at an election held for that
332     purpose, including a member elected under Subsection (4);
333          (b) holds, at the time of appointment to the board of trustees, an elected position with a
334     municipality, county, or another local district that is partially or completely included within the
335     boundaries of the local district;
336          (c) is appointed in accordance with Subsection 17B-1-303(5) or 17B-1-306(4)(f); or
337          (d) is considered to be elected in accordance with Subsection 17B-1-306(4)(g).
338          (3) (a) Except as provided in Subsection (3)(b), a local district may not levy or collect
339     property tax revenue that exceeds the certified tax rate during a taxable year that begins on or
340     after January 1, 2011.
341          (b) Notwithstanding Subsection (3)(a), a local district may levy or collect property tax
342     revenue that exceeds the certified tax rate during a taxable year that begins on or after January
343     1, 2011, if:
344          (i) and to the extent that the revenue from the property tax was pledged before January
345     1, 2011, to pay for bonds or other obligations of the local district;
346          (ii) the members of the board of trustees are all elected officials;
347          (iii) the majority of the board of trustees are elected officials; or
348          (iv) the proposed tax or increase in the property tax rate has been approved by:
349          (A) a majority of the registered voters within the local district [at] who vote in an
350     election held for that purpose on a date specified in Section 20A-1-204;
351          (B) the legislative body of the appointing authority; or
352          (C) the legislative body of:

353          (I) a majority of the municipalities partially or completely included within the
354     boundary of the specified local district; or
355          (II) the county in which the specified local district is located, if the county has some or
356     all of its unincorporated area included within the boundary of the specified local district.
357          (4) (a) Notwithstanding provisions to the contrary in Title 17B, Chapter 2a, Provisions
358     Applicable to Different Types of Local Districts, and for purposes of Subsection (3)(b),
359     members of the board of trustees of a local district shall be elected, if, subject to Subsection
360     (4)(b):
361          (i) two-thirds of all members of the board of trustees of the local district vote in favor
362     of changing to an elected board; and
363          (ii) the legislative body of each municipality or county that appoints a member to the
364     board of trustees adopts a resolution approving the change to an elected board.
365          (b) A change to an elected board of trustees under Subsection (4)(a) may not shorten
366     the term of any member of the board of trustees serving at the time of the change.
367          (5) Subsections (2), (3), and (4) do not apply to:
368          (a) Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act;
369          (b) Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; or
370          (c) a local district in which:
371          (i) the board of trustees consists solely of:
372          (A) land owners or the land owners' agents; or
373          (B) as described in Subsection 17B-1-302[(1)(c)](3), land owners or the land owners'
374     agents or officers; and
375          (ii) there are no residents within the local district at the time a property tax is levied.
376          Section 7. Section 17B-2a-404 is amended to read:
377          17B-2a-404. Improvement district board of trustees.
378          (1) As used in this section:
379          (a) "County district" means an improvement district that does not include within its

380     boundaries any territory of a municipality.
381          (b) "County member" means a member of a board of trustees of a county district.
382          (c) "Electric district" means an improvement district that was created for the purpose of
383     providing electric service.
384          (d) "Included municipality" means a municipality whose boundaries are entirely
385     contained within but do not coincide with the boundaries of an improvement district.
386          (e) "Municipal district" means an improvement district whose boundaries coincide
387     with the boundaries of a single municipality.
388          (f) "Regular district" means an improvement district that is not a county district,
389     electric district, or municipal district.
390          (g) "Remaining area" means the area of a regular district that:
391          (i) is outside the boundaries of an included municipality; and
392          (ii) includes the area of an included municipality whose legislative body elects, under
393     Subsection (5)(a)(ii), not to appoint a member to the board of trustees of the regular district.
394          (h) "Remaining area member" means a member of a board of trustees of a regular
395     district who is appointed, or, if applicable, elected to represent the remaining area of the
396     district.
397          (2) The legislative body of the municipality included within a municipal district may:
398          (a) elect, at the time of the creation of the district, to be the board of trustees of the
399     district; and
400          (b) adopt at any time a resolution providing for:
401          (i) the election of board of trustees members, as provided in Section 17B-1-306; or
402          (ii) the appointment of board of trustees members, as provided in Section 17B-1-304.
403          (3) (a) The legislative body of a county whose unincorporated area is partly or
404     completely within a county district may:
405          (i) elect, at the time of the creation of the district, to be the board of trustees of the
406     district, even though a member of the legislative body of the county may not meet the

407     requirements of Subsection 17B-1-302(1)[(a)];
408          (ii) adopt at any time a resolution providing for:
409          (A) the election of board of trustees members, as provided in Section 17B-1-306; or
410          (B) except as provided in Subsection (4), the appointment of board of trustees
411     members, as provided in Section 17B-1-304; and
412          (iii) if the conditions of Subsection (3)(b) are met, appoint a member of the legislative
413     body of the county to the board of trustees, except that the legislative body of the county may
414     not appoint more than three members of the legislative body of the county to the board of
415     trustees.
416          (b) A legislative body of a county whose unincorporated area is partly or completely
417     within a county district may take an action under Subsection (3)(a)(iii) if:
418          (i) more than 35% of the residences within a county district that receive service from
419     the district are seasonally occupied homes, as defined in Subsection
420     17B-1-302[(1)(b)(i)(B)](2)(a)(ii);
421          (ii) the board of trustees are appointed by the legislative body of the county; and
422          (iii) there are at least two appointed board members who meet the requirements of
423     [Subsection] Subsections 17B-1-302(1), (2), and (3), except that a member of the legislative
424     body of the county need not satisfy the requirements of [Subsection] Subsections
425     17B-1-302(1), (2), and (3).
426          (4) Subject to Subsection (6)(d), the legislative body of a county may not adopt a
427     resolution providing for the appointment of board of trustees members as provided in
428     Subsection (3)(a)(ii)(B) at any time after the county district is governed by an elected board of
429     trustees unless:
430          (a) the elected board has ceased to function;
431          (b) the terms of all of the elected board members have expired without the board
432     having called an election; or
433          (c) the elected board of trustees unanimously adopts a resolution approving the change

434     from an elected to an appointed board.
435          (5) (a) (i) Except as provided in Subsection (5)(a)(ii), the legislative body of each
436     included municipality shall each appoint one member to the board of trustees of a regular
437     district.
438          (ii) The legislative body of an included municipality may elect not to appoint a member
439     to the board under Subsection (5)(a)(i).
440          (b) Except as provided in Subsection (6), the legislative body of each county whose
441     boundaries include a remaining area shall appoint all other members to the board of trustees of
442     a regular district.
443          (6) Notwithstanding Subsection (3), each remaining area member of a regular district
444     and each county member of a county district shall be elected, as provided in Section
445     17B-1-306, if:
446          (a) the petition or resolution initiating the creation of the district provides for remaining
447     area or county members to be elected;
448          (b) the district holds an election to approve the district's issuance of bonds;
449          (c) for a regular district, an included municipality elects, under Subsection (5)(a)(ii),
450     not to appoint a member to the board of trustees; or
451          (d) (i) at least 90 days before the municipal general election or regular general election,
452     as applicable, a petition is filed with the district's board of trustees requesting remaining area
453     members or county members, as the case may be, to be elected; and
454          (ii) the petition is signed by registered voters within the remaining area or county
455     district, as the case may be, equal in number to at least 10% of the number of registered voters
456     within the remaining area or county district, respectively, who voted in the last gubernatorial
457     election.
458          (7) Subject to Section 17B-1-302, the number of members of a board of trustees of a
459     regular district shall be:
460          (a) the number of included municipalities within the district, if:

461          (i) the number is an odd number; and
462          (ii) the district does not include a remaining area;
463          (b) the number of included municipalities plus one, if the number of included
464     municipalities within the district is even; and
465          (c) the number of included municipalities plus two, if:
466          (i) the number of included municipalities is odd; and
467          (ii) the district includes a remaining area.
468          (8) (a) Except as provided in Subsection (8)(b), each remaining area member of the
469     board of trustees of a regular district shall reside within the remaining area.
470          (b) Notwithstanding Subsection (8)(a) and subject to Subsection (8)(c), each remaining
471     area member shall be chosen from the district at large if:
472          (i) the population of the remaining area is less than 5% of the total district population;
473     or
474          (ii) (A) the population of the remaining area is less than 50% of the total district
475     population; and
476          (B) the majority of the members of the board of trustees are remaining area members.
477          (c) Application of Subsection (8)(b) may not prematurely shorten the term of any
478     remaining area member serving the remaining area member's elected or appointed term on May
479     11, 2010.
480          (9) If the election of remaining area or county members of the board of trustees is
481     required because of a bond election, as provided in Subsection (6)(b):
482          (a) a person may file a declaration of candidacy if:
483          (i) the person resides within:
484          (A) the remaining area, for a regular district; or
485          (B) the county district, for a county district; and
486          (ii) otherwise qualifies as a candidate;
487          (b) the board of trustees shall, if required, provide a ballot separate from the bond

488     election ballot, containing the names of candidates and blanks in which a voter may write
489     additional names; and
490          (c) the election shall otherwise be governed by Title 20A, Election Code.
491          (10) (a) (i) This Subsection (10) applies to the board of trustees members of an electric
492     district.
493          (ii) Subsections (2) through (9) do not apply to an electric district.
494          (b) The legislative body of the county in which an electric district is located may
495     appoint the initial board of trustees of the electric district as provided in Section 17B-1-304.
496          (c) After the initial board of trustees is appointed as provided in Subsection (10)(b),
497     each member of the board of trustees of an electric district shall be elected by persons using
498     electricity from and within the district.
499          (d) Each member of the board of trustees of an electric district shall be a user of
500     electricity from the district and, if applicable, the division of the district from which elected.
501          (e) The board of trustees of an electric district may be elected from geographic
502     divisions within the district.
503          (f) A municipality within an electric district is not entitled to automatic representation
504     on the board of trustees.
505          Section 8. Section 17B-2a-405 is amended to read:
506          17B-2a-405. Board of trustees of certain sewer improvement districts.
507          (1) As used in this section:
508          (a) "Jurisdictional boundaries" means:
509          (i) for a qualified county, the boundaries that include:
510          (A) the area of the unincorporated part of the county that is included within a sewer
511     improvement district; and
512          (B) the area of each nonappointing municipality that is included within the sewer
513     improvement district; and
514          (ii) for a qualified municipality, the boundaries that include the area of the municipality

515     that is included within a sewer improvement district.
516          (b) "Nonappointing municipality" means a municipality that:
517          (i) is partly included within a sewer improvement district; and
518          (ii) is not a qualified municipality.
519          (c) "Qualified county" means a county:
520          (i) some or all of whose unincorporated area is included within a sewer improvement
521     district; or
522          (ii) which includes within its boundaries a nonappointing municipality.
523          (d) "Qualified county member" means a member of a board of trustees of a sewer
524     improvement district appointed under Subsection (3)(a)(ii).
525          (e) "Qualified municipality" means a municipality that is partly or entirely included
526     within a sewer improvement district that includes:
527          (i) all of the municipality that is capable of receiving sewage treatment service from the
528     sewer improvement district; and
529          (ii) more than half of:
530          (A) the municipality's land area; or
531          (B) the assessed value of all private real property within the municipality.
532          (f) "Qualified municipality member" means a member of a board of trustees of a sewer
533     improvement district appointed under Subsection (3)(a)(i).
534          (g) "Sewer improvement district" means an improvement district that:
535          (i) provides sewage collection, treatment, and disposal service; and
536          (ii) made an election before 1954 under Laws of Utah 1953, Chapter 29, to enable it to
537     continue to appoint its board of trustees members as provided in this section.
538          (2) (a) Notwithstanding Section 17B-2a-404, the board of trustees members of a sewer
539     improvement district shall be appointed as provided in this section.
540          (b) The board of trustees of a sewer improvement district may revoke the election
541     under Subsection (1)(d) and become subject to the provisions of Section 17B-2a-404 only by

542     the unanimous vote of all members of the sewer improvement district's board of trustees at a
543     time when there is no vacancy on the board.
544          (3) (a) The board of trustees of each sewer improvement district shall consist of:
545          (i) at least one person but not more than three persons appointed by the mayor of each
546     qualified municipality, with the consent of the legislative body of that municipality; and
547          (ii) at least one person but not more than three persons appointed by:
548          (A) the county executive, with the consent of the county legislative body, for a
549     qualified county operating under a county executive-council form of county government; or
550          (B) the county legislative body, for each other qualified county.
551          (b) Each qualified county member appointed under Subsection (3)(a)(ii) shall represent
552     the area within the jurisdictional boundaries of the qualified county.
553          (4) Notwithstanding Subsection 17B-1-302[(2)](4), the number of board of trustees
554     members of a sewer improvement district shall be the number that results from application of
555     Subsection (3)(a).
556          (5) Except as provided in this section, an appointment to the board of trustees of a
557     sewer improvement district is governed by Section 17B-1-304.
558          (6) A quorum of a board of trustees of a sewer improvement district consists of
559     members representing more than 50% of the total number of qualified county and qualified
560     municipality votes under Subsection (7).
561          (7) (a) Subject to Subsection (7)(b), each qualified county and each qualified
562     municipality is entitled to one vote on the board of trustees of a sewer improvement district for
563     each $10,000,000, or fractional part larger than 1/2 of that amount, of assessed valuation of
564     private real property taxable for district purposes within the respective jurisdictional
565     boundaries, as shown by the assessment records of the county and evidenced by a certificate of
566     the county auditor.
567          (b) Notwithstanding Subsection (7)(a), each qualified county and each qualified
568     municipality shall have at least one vote.

569          (8) If a qualified county or qualified municipality appoints more than one board
570     member, all the votes to which the qualified county or qualified municipality is entitled under
571     Subsection (7) for an item of board business shall collectively be cast by a majority of the
572     qualified county members or qualified municipal members, respectively, present at a meeting
573     of the board of trustees.
574          Section 9. Section 17B-2a-604 is amended to read:
575          17B-2a-604. Metropolitan water district board of trustees.
576          (1) Members of the board of trustees of a metropolitan water district shall be:
577          (a) elected in accordance with:
578          (i) the petition or resolution that initiated the process of creating the metropolitan water
579     district; and
580          (ii) Section 17B-1-306;
581          (b) appointed in accordance with Subsection (2); or
582          (c) elected under Subsection (3)(a).
583          (2) (a) This Subsection (2) shall apply to an appointed board of trustees of a
584     metropolitan water district.
585          (b) If a district contains the area of a single municipality:
586          (i) the legislative body of that municipality shall appoint each member of the board of
587     trustees; and
588          (ii) one member shall be the officer with responsibility over the municipality's water
589     supply and distribution system, if the system is municipally owned.
590          (c) If a district contains some or all of the retail water service area of more than one
591     municipality:
592          (i) the legislative body of each municipality shall appoint the number of members for
593     that municipality as determined under Subsection (2)(c)(ii);
594          (ii) subject to Subsection (2)(c)(iii), the number of members appointed by each
595     municipality shall be determined:

596          (A) by agreement between the metropolitan water district and the municipalities,
597     subject to the maximum stated in Subsection 17B-1-302[(2)](4); or
598          (B) as provided in Chapter 1, Part 3, Board of Trustees; and
599          (iii) at least one member shall be appointed by each municipality.
600          (d) Each trustee shall be appointed without regard to partisan political affiliations from
601     among citizens of the highest integrity, attainment, competence, and standing in the
602     community.
603          (3) (a) Members of the board of trustees of a metropolitan water district shall be
604     elected in accordance with Section 17B-1-306, if, subject to Subsection (3)(b):
605          (i) three-fourths of all members of the board of trustees of the metropolitan water
606     district vote in favor of changing to an elected board; and
607          (ii) the legislative body of each municipality that appoints a member to the board of
608     trustees adopts a resolution approving the change to an elected board.
609          (b) A change to an elected board of trustees under Subsection (3)(a) may not shorten
610     the term of any member of the board of trustees serving at the time of the change.
611          (4) A member of the board of trustees of a metropolitan water district shall be:
612          (a) a registered voter;
613          (b) a property taxpayer; and
614          (c) a resident of:
615          (i) the metropolitan water district; and
616          (ii) the retail water service area of the municipality that:
617          (A) elects the member; or
618          (B) the member is appointed to represent.
619          (5) (a) Except as provided in Subsection (7), a member shall immediately forfeit the
620     member's seat on the board of trustees if the member becomes elected or appointed to office in
621     or becomes an employee of the municipality whose legislative body appointed the member
622     under Subsection (2).

623          (b) The position of the member described in Subsection (5)(a) is vacant until filled as
624     provided in Section 17B-1-304.
625          (6) Except as provided in Subsection (7), the term of office of each member of the
626     board of trustees is as provided in Section 17B-1-303.
627          (7) Subsections (4), (5)(a), and (6) do not apply to a member who is a member under
628     Subsection (2)(b)(ii).
629          Section 10. Section 17B-2a-608 is amended to read:
630          17B-2a-608. Limit on property tax authority -- Exceptions.
631          (1) As used in this section, "elected official" means a metropolitan water district board
632     of trustee member who is elected to the board of trustees by metropolitan water district voters
633     at an election held for that purpose.
634          (2) The board of trustees of a metropolitan water district may not collect property tax
635     revenue in a tax year beginning on or after January 1, 2015, that would exceed the certified tax
636     rate under Section 59-2-924 unless:
637          (a) the members of the board of trustees are all elected officials; or
638          (b) the proposed tax levy has previously been approved by:
639          (i) a majority of the metropolitan water district voters [at] who vote in an election held
640     for that purpose on a date specified in Section 20A-1-204; or
641          (ii) the legislative body of each municipality that appoints a member to the board of
642     trustees under Section 17B-2a-604.
643          Section 11. Section 17B-2a-704 is amended to read:
644          17B-2a-704. Mosquito abatement district board of trustees.
645          (1) (a) Notwithstanding Subsection 17B-1-302[(2)](4):
646          (i) the board of trustees of a mosquito abatement district shall consist of no less than
647     five members appointed in accordance with this section; and
648          (ii) subject to Subsection (1)(b), the legislative body of each municipality that is
649     entirely or partly included within a mosquito abatement district shall appoint one member to

650     the board of trustees.
651          (b) If 75% or more of the area of a mosquito abatement district is within the boundaries
652     of a single municipality:
653          (i) the board of trustees shall consist of five members; and
654          (ii) the legislative body of that municipality shall appoint all five members of the
655     board.
656          (2) The legislative body of each county in which a mosquito abatement district is
657     located shall appoint at least one member but no more than three members to the district's
658     board of trustees as follows:
659          (a) one member may be appointed if:
660          (i) some or all of the county's unincorporated area is included within the boundaries of
661     the mosquito abatement district and Subsection (2)(b) does not apply; or
662          (ii) (A) the number of municipalities that are entirely or partly included within the
663     district is an even number less than nine; and
664          (B) Subsection (1)(b) does not apply; or
665          (b) subject to Subsection (3), up to and including three members may be appointed if:
666          (i) more than 25% of the population of the mosquito abatement district resides outside
667     the boundaries of all municipalities that may appoint members to the board of trustees; and
668          (ii) at least four members of the board of trustees are appointed by a municipality.
669          (3) A member appointed in accordance with Subsection (2)(b) may not reside within a
670     municipality that may appoint a member to the board of trustees.
671          (4) If the number of board members appointed by application of Subsections (1) and
672     (2)(a) is an even number less than nine, the legislative body of the county in which the district
673     is located shall appoint an additional member.
674          (5) Notwithstanding Subsection (2):
675          (a) if the mosquito abatement district is located entirely within one county and, in
676     accordance with this section, only one municipality may appoint a member of the board of

677     trustees, the county legislative body shall appoint at least four members to the district's board
678     of trustees; and
679          (b) if the mosquito abatement district is located entirely within one county and no
680     municipality may appoint a member of the board of trustees, all of the members of the board
681     shall be appointed by the county legislative body.
682          (6) Each board of trustees member shall be appointed as provided in Section
683     17B-1-304.
684          (7) Each vacancy on a mosquito abatement district board of trustees shall be filled by
685     the applicable appointing authority as provided in Section 17B-1-304, or if the vacancy is a
686     midterm vacancy, as provided in Section 20A-1-512.
687          Section 12. Section 17B-2a-905 is amended to read:
688          17B-2a-905. Service area board of trustees.
689          (1) (a) Except as provided in Subsection (2) or (3):
690          (i) the initial board of trustees of a service area located entirely within the
691     unincorporated area of a single county may, as stated in the petition or resolution that initiated
692     the process of creating the service area:
693          (A) consist of the county legislative body;
694          (B) be appointed, as provided in Section 17B-1-304; or
695          (C) be elected, as provided in Section 17B-1-306;
696          (ii) if the board of trustees of a service area consists of the county legislative body, the
697     board may adopt a resolution providing for future board members to be appointed, as provided
698     in Section 17B-1-304, or elected, as provided in Section 17B-1-306; and
699          (iii) members of the board of trustees of a service area shall be elected, as provided in
700     Section 17B-1-306, if:
701          (A) the service area is not entirely within the unincorporated area of a single county;
702          (B) a petition is filed with the board of trustees requesting that board members be
703     elected, and the petition is signed by registered voters within the service area equal in number

704     to at least 10% of the number of registered voters within the service area who voted at the last
705     gubernatorial election; or
706          (C) an election is held to authorize the service area's issuance of bonds.
707          (b) If members of the board of trustees of a service area are required to be elected
708     under Subsection (1)(a)(iii)(C) because of a bond election:
709          (i) board members shall be elected in conjunction with the bond election;
710          (ii) the board of trustees shall:
711          (A) establish a process to enable potential candidates to file a declaration of candidacy
712     sufficiently in advance of the election; and
713          (B) provide a ballot for the election of board members separate from the bond ballot;
714     and
715          (iii) except as provided in this Subsection (1)(b), the election shall be held as provided
716     in Section 17B-1-306.
717          (2) (a) This Subsection (2) applies to a service area created on or after May 5, 2003, if:
718          (i) the service area was created to provide:
719          (A) fire protection, paramedic, and emergency services; or
720          (B) law enforcement service;
721          (ii) in the creation of the service area, an election was not required under Subsection
722     17B-1-214(3)(d); and
723          (iii) the service area is not a service area described in Subsection (3).
724          (b) (i) Each county whose unincorporated area is included within a service area
725     described in Subsection (2)(a), whether in conjunction with the creation of the service area or
726     by later annexation, shall appoint three members to the board of trustees.
727          (ii) Each municipality whose area is included within a service area described in
728     Subsection (2)(a), whether in conjunction with the creation of the service area or by later
729     annexation, shall appoint one member to the board of trustees.
730          (iii) Each member appointed by a county or municipality under Subsection (2)(b)(i) or

731     (ii) shall be an elected official of the appointing county or municipality, respectively.
732          (c) Notwithstanding Subsection 17B-1-302[(2)](4), the number of members of a board
733     of trustees of a service area described in Subsection (2)(a) shall be the number resulting from
734     application of Subsection (2)(b).
735          (3) (a) This Subsection (3) applies to a service area created on or after May 14, 2013,
736     if:
737          (i) the service area was created to provide fire protection, paramedic, and emergency
738     services;
739          (ii) in the creation of the service area, an election was not required under Subsection
740     17B-1-214(3)(d); and
741          (iii) each municipality whose area is included within the service area or county whose
742     unincorporated area, whether in whole or in part, is included within a service area is a party to
743     an agreement:
744          (A) entered into in accordance with Title 11, Chapter 13, Interlocal Cooperation Act
745     with all the other municipalities or counties whose area is included in the service area;
746          (B) to provide the services described in Subsection (3)(a)(i); and
747          (C) at the time a resolution proposing the creation of the service area is adopted by
748     each applicable municipal or county legislative body in accordance with Subsection
749     17B-1-203(1)(d).
750          (b) (i) Each county whose unincorporated area, whether in whole or in part, is included
751     within a service area described in Subsection (3)(a), whether in conjunction with the creation of
752     the service area or by later annexation, shall appoint one member to the board of trustees.
753          (ii) Each municipality whose area is included within a service area described in
754     Subsection (3)(a), whether in conjunction with the creation of the service area or by later
755     annexation, shall appoint one member to the board of trustees.
756          (iii) Each member appointed by a county or municipality under Subsection (3)(b)(i) or
757     (ii) shall be an elected official of the appointing county or municipality, respectively.

758          (iv) A vote by a member of the board of trustees may be weighted or proportional.
759          (c) Notwithstanding Subsection 17B-1-302[(2)](4), the number of members of a board
760     of trustees of a service area described in Subsection (3)(a) shall be the number resulting from
761     the application of Subsection (3)(b).
762          Section 13. Section 17B-2a-1009 is amended to read:
763          17B-2a-1009. Limit on property tax authority -- Exceptions.
764          (1) As used in this section, "elected official" means a water conservancy district board
765     of trustee member who:
766          (a) is elected to the board of trustees by water conservancy district voters at an election
767     held for that purpose;
768          (b) holds, at the time of appointment to the board of trustees, an elected position with a
769     municipality, county, or local district that is partially or completely included within the
770     boundaries of the water conservancy district; or
771          (c) is appointed in accordance with Subsection 17B-1-303(5) or 17B-1-306(4)(f) or (g).
772          (2) The board of trustees of a water conservancy district may not collect property tax
773     revenue in a tax year beginning on or after January 1, 2015, that would exceed the certified tax
774     rate under Section 59-2-924 unless:
775          (a) the members of the board of trustees are all elected officials;
776          (b) the majority of the board of trustees are elected officials; or
777          (c) the proposed tax levy has previously been approved by:
778          (i) a majority of the water conservancy district voters [at] who vote in an election held
779     for that purpose on a date specified in Section 20A-1-204; or
780          (ii) for a district described in Subsection 17B-2a-1005(2)(b), the appointing authority.