1     
LOCAL GOVERNMENT MODIFICATIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Daniel Hemmert

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the required number of board members for certain local district
10     boards of trustees.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that a local district board of trustees is not required to have an odd number
14     of members once the board reaches a certain size;
15          ▸     amends provisions related to the membership of a municipal services district board
16     of trustees; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          17B-1-302, as last amended by Laws of Utah 2017, Chapters 112 and 263
25          17B-2a-404, as last amended by Laws of Utah 2017, Chapter 112
26          17B-2a-604, as last amended by Laws of Utah 2017, Chapter 112
27          17B-2a-905, as last amended by Laws of Utah 2017, Chapters 112 and 138
28          17B-2a-1106, as last amended by Laws of Utah 2016, Chapter 176
29     


30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 17B-1-302 is amended to read:
32          17B-1-302. Board member qualifications -- Number of board members.
33          (1) Each member of a local district board of trustees shall be:
34          (a) a registered voter at the location of the member's residence; and
35          (b) except as otherwise provided in Subsection (2) or (3), a resident within:
36          (i) the boundaries of the local district; and
37          (ii) if applicable, the boundaries of the division of the local district from which the
38     member is elected or appointed.
39          (2) (a) As used in this Subsection (2):
40          (i) "Proportional number" means the number of members of a board of trustees that
41     bears, as close as mathematically possible, the same proportion to all members of the board that
42     the number of seasonally occupied homes bears to all residences within the district that receive
43     service from the district.
44          (ii) "Seasonally occupied home" means a single-family residence:
45          (A) that is located within the local district;
46          (B) that receives service from the local district; and
47          (C) whose owner does not reside permanently at the residence but may occupy the
48     residence on a temporary or seasonal basis.
49          (b) If over 50% of the residences within a local district that receive service from the
50     local district are seasonally occupied homes, the requirement under Subsection (1)(b) is
51     replaced, for a proportional number of members of the board of trustees, with the requirement
52     that the member be an owner of land, or an agent or officer of the owner of land, that:
53          (i) receives service from the district; and
54          (ii) is located within the local district and, if applicable, the division from which the
55     member is elected.
56          (3) (a) For a board of trustees member in a basic local district that has within the
57     district's boundaries fewer than one residential dwelling unit per 10 acres of land, the

58     requirement under Subsection (1)(b) is replaced with the requirement that the member be an
59     owner of land within the local district that receives service from the district, or an agent or
60     officer of the owner.
61          (b) A member of the board of trustees of a service area described in Subsection
62     17B-2a-905(2)(a) or (3)(a), who is an elected official of the county appointing the individual, is
63     not subject to the requirements described in Subsection (1)(b) if the elected official was elected
64     at large by the voters of the county.
65          (c) Notwithstanding Subsection (1)(b), the county legislative body may appoint to the
66     local district board one of the county legislative body's own members, regardless of whether the
67     member resides within the boundaries described in Subsection (1)(b), if:
68          (i) the county legislative body satisfies the procedures to fill a vacancy described in:
69          (A) for the appointment of a new board member, Subsections 17B-1-304(2) and (3); or
70          (B) for an appointment to fill a midterm vacancy, Subsections 20A-1-512(1)(a) and
71     (b);
72          (ii) no qualified candidate timely files to be considered for appointment to the local
73     district board; and
74          (iii) the county legislative body appoints a member of the body to the local district
75     board, in accordance with Subsection 17B-1-304(6) or Subsection 20A-1-512(1)(c), who was:
76          (A) elected at large by the voters of the county;
77          (B) elected from a division of the county that includes more than 50% of the
78     geographic area of the local district; or
79          (C) if the local district is divided into divisions under Section 17B-1-306.5, elected
80     from a division of the county that includes more than 50% of the geographic area of the
81     division of the local district in which there is a board vacancy.
82          (4) (a) Except as otherwise provided by statute, the number of members of each board
83     of trustees of a local district that has nine or fewer members shall [be] have an odd number of
84     members that is no [less] fewer than three.
85          (b) If a board of trustees of a local district has more than nine members, the number of

86     members may be odd or even.
87          (5) For a newly created local district, the number of members of the initial board of
88     trustees shall be the number specified:
89          (a) for a local district whose creation was initiated by a petition under Subsection
90     17B-1-203(1)(a), (b), or (c), in the petition; or
91          (b) for a local district whose creation was initiated by a resolution under Subsection
92     17B-1-203(1)(d) or (e), in the resolution.
93          (6) (a) For an existing local district, the number of members of the board of trustees
94     may be changed by a two-thirds vote of the board of trustees.
95          (b) No change in the number of members of a board of trustees under Subsection (6)(a)
96     may:
97          (i) violate Subsection (4); or
98          (ii) serve to shorten the term of any member of the board.
99          Section 2. Section 17B-2a-404 is amended to read:
100          17B-2a-404. Improvement district board of trustees.
101          (1) As used in this section:
102          (a) "County district" means an improvement district that does not include within its
103     boundaries any territory of a municipality.
104          (b) "County member" means a member of a board of trustees of a county district.
105          (c) "Electric district" means an improvement district that was created for the purpose of
106     providing electric service.
107          (d) "Included municipality" means a municipality whose boundaries are entirely
108     contained within but do not coincide with the boundaries of an improvement district.
109          (e) "Municipal district" means an improvement district whose boundaries coincide
110     with the boundaries of a single municipality.
111          (f) "Regular district" means an improvement district that is not a county district,
112     electric district, or municipal district.
113          (g) "Remaining area" means the area of a regular district that:

114          (i) is outside the boundaries of an included municipality; and
115          (ii) includes the area of an included municipality whose legislative body elects, under
116     Subsection (5)(a)(ii), not to appoint a member to the board of trustees of the regular district.
117          (h) "Remaining area member" means a member of a board of trustees of a regular
118     district who is appointed, or, if applicable, elected to represent the remaining area of the
119     district.
120          (2) The legislative body of the municipality included within a municipal district may:
121          (a) elect, at the time of the creation of the district, to be the board of trustees of the
122     district; and
123          (b) adopt at any time a resolution providing for:
124          (i) the election of board of trustees members, as provided in Section 17B-1-306; or
125          (ii) the appointment of board of trustees members, as provided in Section 17B-1-304.
126          (3) (a) The legislative body of a county whose unincorporated area is partly or
127     completely within a county district may:
128          (i) elect, at the time of the creation of the district, to be the board of trustees of the
129     district, even though a member of the legislative body of the county may not meet the
130     requirements of Subsection 17B-1-302(1);
131          (ii) adopt at any time a resolution providing for:
132          (A) the election of board of trustees members, as provided in Section 17B-1-306; or
133          (B) except as provided in Subsection (4), the appointment of board of trustees
134     members, as provided in Section 17B-1-304; and
135          (iii) if the conditions of Subsection (3)(b) are met, appoint a member of the legislative
136     body of the county to the board of trustees, except that the legislative body of the county may
137     not appoint more than three members of the legislative body of the county to the board of
138     trustees.
139          (b) A legislative body of a county whose unincorporated area is partly or completely
140     within a county district may take an action under Subsection (3)(a)(iii) if:
141          (i) more than 35% of the residences within a county district that receive service from

142     the district are seasonally occupied homes, as defined in Subsection 17B-1-302(2)(a)(ii);
143          (ii) the board of trustees are appointed by the legislative body of the county; and
144          (iii) there are at least two appointed board members who meet the requirements of
145     Subsections 17B-1-302(1), (2), and (3), except that a member of the legislative body of the
146     county need not satisfy the requirements of Subsections 17B-1-302(1), (2), and (3).
147          (4) Subject to Subsection (6)(d), the legislative body of a county may not adopt a
148     resolution providing for the appointment of board of trustees members as provided in
149     Subsection (3)(a)(ii)(B) at any time after the county district is governed by an elected board of
150     trustees unless:
151          (a) the elected board has ceased to function;
152          (b) the terms of all of the elected board members have expired without the board
153     having called an election; or
154          (c) the elected board of trustees unanimously adopts a resolution approving the change
155     from an elected to an appointed board.
156          (5) (a) (i) Except as provided in Subsection (5)(a)(ii), the legislative body of each
157     included municipality shall each appoint one member to the board of trustees of a regular
158     district.
159          (ii) The legislative body of an included municipality may elect not to appoint a member
160     to the board under Subsection (5)(a)(i).
161          (b) Except as provided in Subsection (6), the legislative body of each county whose
162     boundaries include a remaining area shall appoint all other members to the board of trustees of
163     a regular district.
164          (6) Notwithstanding Subsection (3), each remaining area member of a regular district
165     and each county member of a county district shall be elected, as provided in Section
166     17B-1-306, if:
167          (a) the petition or resolution initiating the creation of the district provides for remaining
168     area or county members to be elected;
169          (b) the district holds an election to approve the district's issuance of bonds;

170          (c) for a regular district, an included municipality elects, under Subsection (5)(a)(ii),
171     not to appoint a member to the board of trustees; or
172          (d) (i) at least 90 days before the municipal general election or regular general election,
173     as applicable, a petition is filed with the district's board of trustees requesting remaining area
174     members or county members, as the case may be, to be elected; and
175          (ii) the petition is signed by registered voters within the remaining area or county
176     district, as the case may be, equal in number to at least 10% of the number of registered voters
177     within the remaining area or county district, respectively, who voted in the last gubernatorial
178     election.
179          (7) Subject to Section 17B-1-302, the number of members of a board of trustees of a
180     regular district shall be:
181          (a) the number of included municipalities within the district, if:
182          (i) the number of included municipalities is greater than nine or is an odd number that
183     is not greater than nine; and
184          (ii) the district does not include a remaining area;
185          (b) the number of included municipalities plus one, if the number of included
186     municipalities within the district is an even number that is less than nine; and
187          (c) the number of included municipalities plus two, if:
188          (i) the number of included municipalities is an odd number that is less than nine; and
189          (ii) the district includes a remaining area.
190          (8) (a) Except as provided in Subsection (8)(b), each remaining area member of the
191     board of trustees of a regular district shall reside within the remaining area.
192          (b) Notwithstanding Subsection (8)(a) and subject to Subsection (8)(c), each remaining
193     area member shall be chosen from the district at large if:
194          (i) the population of the remaining area is less than 5% of the total district population;
195     or
196          (ii) (A) the population of the remaining area is less than 50% of the total district
197     population; and

198          (B) the majority of the members of the board of trustees are remaining area members.
199          (c) Application of Subsection (8)(b) may not prematurely shorten the term of any
200     remaining area member serving the remaining area member's elected or appointed term on May
201     11, 2010.
202          (9) If the election of remaining area or county members of the board of trustees is
203     required because of a bond election, as provided in Subsection (6)(b):
204          (a) a person may file a declaration of candidacy if:
205          (i) the person resides within:
206          (A) the remaining area, for a regular district; or
207          (B) the county district, for a county district; and
208          (ii) otherwise qualifies as a candidate;
209          (b) the board of trustees shall, if required, provide a ballot separate from the bond
210     election ballot, containing the names of candidates and blanks in which a voter may write
211     additional names; and
212          (c) the election shall otherwise be governed by Title 20A, Election Code.
213          (10) (a) (i) This Subsection (10) applies to the board of trustees members of an electric
214     district.
215          (ii) Subsections (2) through (9) do not apply to an electric district.
216          (b) The legislative body of the county in which an electric district is located may
217     appoint the initial board of trustees of the electric district as provided in Section 17B-1-304.
218          (c) After the initial board of trustees is appointed as provided in Subsection (10)(b),
219     each member of the board of trustees of an electric district shall be elected by persons using
220     electricity from and within the district.
221          (d) Each member of the board of trustees of an electric district shall be a user of
222     electricity from the district and, if applicable, the division of the district from which elected.
223          (e) The board of trustees of an electric district may be elected from geographic
224     divisions within the district.
225          (f) A municipality within an electric district is not entitled to automatic representation

226     on the board of trustees.
227          Section 3. Section 17B-2a-604 is amended to read:
228          17B-2a-604. Metropolitan water district board of trustees.
229          (1) Members of the board of trustees of a metropolitan water district shall be:
230          (a) elected in accordance with:
231          (i) the petition or resolution that initiated the process of creating the metropolitan water
232     district; and
233          (ii) Section 17B-1-306;
234          (b) appointed in accordance with Subsection (2); or
235          (c) elected under Subsection (3)(a).
236          (2) (a) This Subsection (2) shall apply to an appointed board of trustees of a
237     metropolitan water district.
238          (b) If a district contains the area of a single municipality:
239          (i) the legislative body of that municipality shall appoint each member of the board of
240     trustees; and
241          (ii) one member shall be the officer with responsibility over the municipality's water
242     supply and distribution system, if the system is municipally owned.
243          (c) If a district contains some or all of the retail water service area of more than one
244     municipality:
245          (i) the legislative body of each municipality shall appoint the number of members for
246     that municipality as determined under Subsection (2)(c)(ii);
247          (ii) subject to Subsection (2)(c)(iii), the number of members appointed by each
248     municipality shall be determined:
249          (A) by agreement between the metropolitan water district and the municipalities,
250     subject to [the maximum stated in] Subsection 17B-1-302(4); or
251          (B) as provided in Chapter 1, Part 3, Board of Trustees; and
252          (iii) at least one member shall be appointed by each municipality.
253          (d) Each trustee shall be appointed without regard to partisan political affiliations from

254     among citizens of the highest integrity, attainment, competence, and standing in the
255     community.
256          (3) (a) Members of the board of trustees of a metropolitan water district shall be
257     elected in accordance with Section 17B-1-306, if, subject to Subsection (3)(b):
258          (i) three-fourths of all members of the board of trustees of the metropolitan water
259     district vote in favor of changing to an elected board; and
260          (ii) the legislative body of each municipality that appoints a member to the board of
261     trustees adopts a resolution approving the change to an elected board.
262          (b) A change to an elected board of trustees under Subsection (3)(a) may not shorten
263     the term of any member of the board of trustees serving at the time of the change.
264          (4) A member of the board of trustees of a metropolitan water district shall be:
265          (a) a registered voter;
266          (b) a property taxpayer; and
267          (c) a resident of:
268          (i) the metropolitan water district; and
269          (ii) the retail water service area of the municipality that:
270          (A) elects the member; or
271          (B) the member is appointed to represent.
272          (5) (a) Except as provided in Subsection (7), a member shall immediately forfeit the
273     member's seat on the board of trustees if the member becomes elected or appointed to office in
274     or becomes an employee of the municipality whose legislative body appointed the member
275     under Subsection (2).
276          (b) The position of the member described in Subsection (5)(a) is vacant until filled as
277     provided in Section 17B-1-304.
278          (6) Except as provided in Subsection (7), the term of office of each member of the
279     board of trustees is as provided in Section 17B-1-303.
280          (7) Subsections (4), (5)(a), and (6) do not apply to a member who is a member under
281     Subsection (2)(b)(ii).

282          Section 4. Section 17B-2a-905 is amended to read:
283          17B-2a-905. Service area board of trustees.
284          (1) (a) Except as provided in Subsection (2) or (3):
285          (i) the initial board of trustees of a service area located entirely within the
286     unincorporated area of a single county may, as stated in the petition or resolution that initiated
287     the process of creating the service area:
288          (A) consist of the county legislative body;
289          (B) be appointed, as provided in Section 17B-1-304; or
290          (C) be elected, as provided in Section 17B-1-306;
291          (ii) if the board of trustees of a service area consists of the county legislative body, the
292     board may adopt a resolution providing for future board members to be appointed, as provided
293     in Section 17B-1-304, or elected, as provided in Section 17B-1-306; and
294          (iii) members of the board of trustees of a service area shall be elected, as provided in
295     Section 17B-1-306, if:
296          (A) the service area is not entirely within the unincorporated area of a single county;
297          (B) a petition is filed with the board of trustees requesting that board members be
298     elected, and the petition is signed by registered voters within the service area equal in number
299     to at least 10% of the number of registered voters within the service area who voted at the last
300     gubernatorial election; or
301          (C) an election is held to authorize the service area's issuance of bonds.
302          (b) If members of the board of trustees of a service area are required to be elected
303     under Subsection (1)(a)(iii)(C) because of a bond election:
304          (i) board members shall be elected in conjunction with the bond election;
305          (ii) the board of trustees shall:
306          (A) establish a process to enable potential candidates to file a declaration of candidacy
307     sufficiently in advance of the election; and
308          (B) provide a ballot for the election of board members separate from the bond ballot;
309     and

310          (iii) except as provided in this Subsection (1)(b), the election shall be held as provided
311     in Section 17B-1-306.
312          (2) (a) This Subsection (2) applies to a service area created on or after May 5, 2003, if:
313          (i) the service area was created to provide:
314          (A) fire protection, paramedic, and emergency services; or
315          (B) law enforcement service;
316          (ii) in the creation of the service area, an election was not required under Subsection
317     17B-1-214(3)(d); and
318          (iii) the service area is not a service area described in Subsection (3).
319          (b) (i) Each county [whose] with unincorporated area that is included within a service
320     area described in Subsection (2)(a), whether in conjunction with the creation of the service area
321     or by later annexation, shall appoint up to three members to the board of trustees.
322          (ii) Each municipality [whose] with an area that is included within a service area
323     described in Subsection (2)(a), whether in conjunction with the creation of the service area or
324     by later service area annexation or municipal incorporation or annexation, shall appoint one
325     member to the board of trustees, unless the area of the municipality is withdrawn from the
326     service area.
327          (iii) Each member [appointed by] that a county or municipality appoints under
328     Subsection (2)(b)(i) or (ii) shall be an elected official of the appointing county or municipality,
329     respectively.
330          (c) Notwithstanding Subsection 17B-1-302(4), the number of members of a board of
331     trustees of a service area described in Subsection (2)(a) shall be the number resulting from
332     application of Subsection (2)(b).
333          (3) (a) This Subsection (3) applies to a service area created on or after May 14, 2013,
334     if:
335          (i) the service area was created to provide fire protection, paramedic, and emergency
336     services;
337          (ii) in the creation of the service area, an election was not required under Subsection

338     17B-1-214(3)(d); and
339          (iii) each municipality [whose] with an area that is included within the service area or
340     county [whose] with unincorporated area, whether in whole or in part, that is included within a
341     service area is a party to an agreement:
342          (A) entered into in accordance with Title 11, Chapter 13, Interlocal Cooperation Act,
343     with all the other municipalities or counties [whose] with an area that is included in the service
344     area;
345          (B) to provide the services described in Subsection (3)(a)(i); and
346          (C) at the time a resolution proposing the creation of the service area is adopted by
347     each applicable municipal or county legislative body in accordance with Subsection
348     17B-1-203(1)(d).
349          (b) (i) Each county [whose] with unincorporated area, whether in whole or in part, that
350     is included within a service area described in Subsection (3)(a), whether in conjunction with
351     the creation of the service area or by later annexation, shall appoint one member to the board of
352     trustees.
353          (ii) Each municipality [whose] with an area that is included within a service area
354     described in Subsection (3)(a), whether in conjunction with the creation of the service area or
355     by later annexation, shall appoint one member to the board of trustees.
356          (iii) Each member [appointed by] that a county or municipality appoints under
357     Subsection (3)(b)(i) or (ii) shall be an elected official of the appointing county or municipality,
358     respectively.
359          (iv) A vote by a member of the board of trustees may be weighted or proportional.
360          (c) Notwithstanding Subsection 17B-1-302(4), the number of members of a board of
361     trustees of a service area described in Subsection (3)(a) [shall be] is the number resulting from
362     the application of Subsection (3)(b).
363          Section 5. Section 17B-2a-1106 is amended to read:
364          17B-2a-1106. Municipal services district board of trustees -- Governance.
365          (1) Except as provided in Subsection (2), and notwithstanding any other provision of

366     law regarding the membership of a local district board of trustees, the initial board of trustees
367     of a municipal services district shall consist of the county legislative body.
368          (2) (a) Notwithstanding any provision of law regarding the membership of a local
369     district board of trustees or the governance of a local district, and, except as provided in
370     Subsection (3), if a municipal services district is created in a county of the first class with the
371     county executive-council form of government, the initial governance of the municipal services
372     district is as follows:
373          (i) subject to Subsection (2)(b), the county council is the municipal services district
374     board of trustees; and
375          (ii) subject to Subsection (2)(c), the county executive is the executive of the municipal
376     services district.
377          (b) Notwithstanding any other provision of law, the board of trustees of a municipal
378     services district described in Subsection (2)(a) shall:
379          (i) act as the legislative body of the district; and
380          (ii) exercise legislative branch powers and responsibilities established for county
381     legislative bodies in:
382          (A) Title 17, Counties; and
383          (B) an optional plan, as defined in Section 17-52-101, adopted for a county
384     executive-council form of county government as described in Section 17-52-504.
385          (c) Notwithstanding any other provision of law, in a municipal services district
386     described in Subsection (2)(a), the executive of the district shall:
387          (i) act as the executive of the district;
388          (ii) nominate a general manager of the municipal services district, subject to the advice
389     and consent of the board of trustees; and
390          (iii) exercise executive branch powers and responsibilities established for a county
391     executive in:
392          (A) Title 17, Counties; and
393          (B) an optional plan, as defined in Section 17-52-101, adopted for a county

394     executive-council form of county government as described in Section 17-52-504.
395          (3) (a) If, after the initial creation of a municipal services district, an area within the
396     district is incorporated as a municipality as defined in Section 10-1-104 and the area is not
397     withdrawn from the district in accordance with Section 17B-1-502 or 17B-1-505, or an area
398     within the municipality is annexed into the municipal services district in accordance with
399     Section 17B-2a-1103, the district's board of trustees shall be as follows:
400          (i) subject to Subsection (3)(b), a member of that municipality's governing body;
401          (ii) [subject to Subsection (4), two members] one member of the county council of the
402     county in which the municipal services district is located; and
403          (iii) the total number of board members [shall] is not required to be an odd number.
404          (b) A member described in Subsection (3)(a)(i) shall be:
405          (i) for a municipality other than a metro township, designated by the municipal
406     legislative body; and
407          (ii) for a metro township, the chair of the metro township.
408          (c) A member of the board of trustees has the powers and duties described in
409     Subsection (2)(b).
410          (d) The county executive is the executive and has the powers and duties as described in
411     Subsection (2)(c).
412          [(4) (a) The number of county council members may be increased or decreased to meet
413     the membership requirements of Subsection (3)(a)(iii) but may not be less than one.]
414          [(b)] (4) The [number of] county council [members] member described in Subsection
415     (3)(a)(ii) [does] may not [include] be the county mayor who, as the executive of the district, is
416     not a member of the board of trustees.
417          (5) For a board of trustees described in Subsection (3), each board member's vote is
418     weighted using the proportion of the municipal services district population that resides:
419          (a) for each member described in Subsection (3)(a)(i), within that member's
420     municipality; and
421          (b) for [each] the member described in Subsection (3)(a)(ii), within the unincorporated

422     county[, with the members' weighted vote divided evenly if there is more than one member on
423     the board described in Subsection (3)(a)(ii)].
424          (6) The board may adopt a resolution providing for future board members to be
425     appointed, as provided in Section 17B-1-304, or elected, as provided in Section 17B-1-306.
426          (7) (a) Notwithstanding Subsections 17B-1-309(1) or 17B-1-310(1), the board of
427     trustees may adopt a resolution to determine the internal governance of the board.
428          (b) A resolution adopted under Subsection (7)(a) may not alter or impair the board of
429     trustees' duties, powers, or responsibilities described in Subsection (2)(b) or the executive's
430     duties, powers, or responsibilities described in Subsection (2)(c).
431          (8) The municipal services district and the county may enter into an agreement for the
432     provision of legal services to the municipal services district.