1     
LOCAL DISTRICT BOARD AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the membership of a board of trustees of a local district.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes the procedure for filling open board member positions when the number
13     of board members increases;
14          ▸     addresses when the term begins for a board member who joins a board because the
15     number of board members increases;
16          ▸     requires adjusting the lengths of terms of new board members who join a board
17     because the number of board members increases to ensure that term expiration
18     occurs biannually;
19          ▸     addresses the entity that appoints members to a mosquito abatement board of
20     trustees;
21          ▸     requires certain notice in the event of a vacancy on a local district board of trustees;
22     and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          17B-1-303, as last amended by Laws of Utah 2017, Chapter 112
31          17B-2a-704, as last amended by Laws of Utah 2017, Chapter 112
32          20A-1-512, as last amended by Laws of Utah 2014, Chapter 377
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 17B-1-303 is amended to read:
36          17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
37     of board member contact information.
38          (1) (a) Except as provided in Subsections (1)(b) [and], (c), and (d), the term of each
39     member of a board of trustees [shall begin] begins at noon on the January 1 following the
40     member's election or appointment.
41          (b) The term of each member of the initial board of trustees of a newly created local
42     district [shall begin] begins:
43          (i) upon appointment, for an appointed member; and
44          (ii) upon the member taking the oath of office after the canvass of the election at which
45     the member is elected, for an elected member.
46          (c) The term of each water conservancy district board member [appointed by] whom
47     the governor [as provided in] appoints in accordance with Subsection 17B-2a-1005(2)(c)
48     [shall]:
49          (i) [begin] begins on the later of the following:
50          (A) the date on which the Senate consents to the appointment; or
51          (B) the expiration date of the prior term; and
52          (ii) [end] ends on the February 1 that is approximately four years after the date
53     described in Subsection (1)(c)(i)(A) or (B).
54          (d) The term of a member of a board of trustees whom an appointing authority appoints
55     in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
56          (2) (a) (i) Except as provided in Subsection (8), and subject to Subsection (2)(a)(ii), the
57     term of each member of a board of trustees [shall be] is four years, except that approximately
58     half the members of the initial board of trustees, chosen by lot, shall serve a two-year term so
59     that the term of approximately half the board members expires every two years.
60          (ii) [(A)] If the terms of members of the initial board of trustees of a newly created
61     local district do not begin on January 1 because of application of Subsection (1)(b), the terms
62     of those members shall be adjusted as necessary, subject to Subsection [(2)(a)(ii)(B)] (2)(a)(iii),
63     to result in the terms of their successors complying with:
64          [(I)] (A) the requirement under Subsection (1)(a) for a term to begin on January 1
65     following a member's election or appointment; and
66          [(II)] (B) the requirement under Subsection (2)(a)(i) that terms be four years.
67          [(B)] (iii) An adjustment under Subsection [(2)(a)(ii)(A)] (2)(a)(ii) may not add more
68     than a year to or subtract more than a year from a member's term.
69          (b) Each board of trustees member shall serve until a successor is duly elected or
70     appointed and qualified, unless the member earlier is removed from office or resigns or
71     otherwise leaves office.
72          (c) If a member of a board of trustees no longer meets the qualifications of Subsection
73     17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or appointed
74     successor:
75          (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
76          (ii) the member may continue to serve until a successor is duly elected or appointed
77     and qualified.
78          (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
79     shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
80          (ii) [An oath of office may be administered by a] A judge, county clerk, notary public,
81     or the local district clerk may administer an oath of office.
82          (b) [Each] The member of the board of trustees taking the oath of office shall file the
83     oath of office [shall be filed] with the clerk of the local district.
84          (c) The failure of a board of trustees member to take the oath [required by] under
85     Subsection (3)(a) does not invalidate any official act of that member.
86          (4) A board of trustees member [is not limited in the] may serve any number of terms
87     [the member may serve].
88          (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
89     trustees position [shall be filled as provided in] is filled in accordance with Section 20A-1-512.
90          (b) When the number of members of a board of trustees increases in accordance with
91     Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a new
92     board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.
93          (6) (a) For purposes of this Subsection (6):
94          (i) "Appointed official" means a person who:
95          (A) is appointed as a member of a local district board of trustees by a county or
96     municipality that is entitled to appoint a member to the board; and
97          (B) holds an elected position with the appointing county or municipality.
98          (ii) "Appointing entity" means the county or municipality that appointed the appointed
99     official to the board of trustees.
100          (b) The board of trustees shall declare a midterm vacancy for the board position held
101     by an appointed official if:
102          (i) during the appointed official's term on the board of trustees, the appointed official
103     ceases to hold the elected position with the appointing entity; and
104          (ii) the appointing entity submits a written request to the board to declare the vacancy.
105          (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
106     appointing entity shall appoint another person to fill the remaining unexpired term on the board
107     of trustees.
108          (7) (a) Each member of a board of trustees shall give a bond for the faithful
109     performance of the member's duties, in the amount and with the sureties [prescribed by] that
110     the board of trustees prescribes.
111          (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
112          (8) (a) The lieutenant governor may extend the term of an elected district board
113     member by one year in order to compensate for a change in the election year under Subsection
114     17B-1-306(13).
115          (b) When the number of members of a board of trustees increases in accordance with
116     Subsection 17B-1-302(6), to ensure that the term of approximately half of the board members
117     expires every two years in accordance with Subsection (2)(a):
118          (i) the board shall set shorter terms for approximately half the new board members,
119     chosen by lot; and
120          (ii) the initial term of a new board member position may be less than two or four years.
121          (9) (a) A local district shall:
122          (i) post on the Utah Public Notice Website created in Section 63F-1-701 the name,
123     phone number, and email address of each member of the local district's board of trustees;
124          (ii) update the information described in Subsection (9)(a)(i) when:
125          (A) the membership of the board of trustees changes; or
126          (B) a member of the board of trustees' phone number or email address changes; and
127          (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the [day]
128     date on which the change requiring the update occurs.
129          (b) This Subsection (9) applies regardless of whether the county or municipal
130     legislative body also serves as the board of trustees of the local district.
131          Section 2. Section 17B-2a-704 is amended to read:
132          17B-2a-704. Mosquito abatement district board of trustees.
133          (1) (a) Notwithstanding Subsection 17B-1-302(4):
134          (i) the board of trustees of a mosquito abatement district [shall consist] consists of no
135     less than five members appointed in accordance with this section; and
136          (ii) subject to Subsection (1)(b), the legislative body of each municipality that is
137     entirely or partly included within a mosquito abatement district shall appoint one member to
138     the board of trustees.
139          (b) If 75% or more of the area of a mosquito abatement district is within the boundaries
140     of a single municipality:
141          (i) the board of trustees [shall consist] consists of five members; and
142          (ii) the legislative body of that municipality shall appoint all five members of the
143     board.
144          (2) [The] Except as provided in Subsection (1), the legislative body of each county in
145     which a mosquito abatement district is located shall appoint at least one member but no more
146     than three members to the district's board of trustees as follows:
147          (a) the county may appoint one member [may be appointed] if:
148          (i) (A) some or all of the county's unincorporated area is included within the
149     boundaries of the mosquito abatement district; and
150          (B) Subsection (2)(b) does not apply; or
151          (ii) (A) the number of municipalities that are entirely or partly included within the
152     district is an even number less than nine; and
153          (B) Subsection (1)(b) does not apply; or
154          (b) subject to Subsection (3), the county may appoint up to and including three
155     members [may be appointed] if:
156          (i) more than 25% of the population of the mosquito abatement district resides outside
157     the boundaries of all municipalities that may appoint members to the board of trustees; and
158          (ii) a municipality appoints at least four members of the board of trustees [are
159     appointed by a municipality].
160          (3) A [member appointed] county may not appoint a member in accordance with
161     Subsection (2)(b) [may not reside] who resides within a municipality that may appoint a
162     member to the board of trustees.
163          (4) If the number of board members appointed by application of Subsections (1) and
164     (2)(a) is an even number less than nine, the legislative body of the county in which the district
165     is located shall appoint an additional member.
166          (5) Notwithstanding Subsection (2), and subject to Subsection (1)(b):
167          (a) if the mosquito abatement district is located entirely within one county and, in
168     accordance with this section, only one municipality may appoint a member of the board of
169     trustees, the county legislative body shall appoint at least four members to the district's board
170     of trustees; and
171          (b) if the mosquito abatement district is located entirely within one county and no
172     municipality may appoint a member of the board of trustees, the county legislative body shall
173     appoint all of the members of the board [shall be appointed by the county legislative body].
174          (6) Each board of trustees member [shall be appointed as provided in] is appointed in
175     accordance with Section 17B-1-304.
176          (7) [Each] The applicable appointing authority shall fill each vacancy on a mosquito
177     abatement district board of trustees [shall be filled by the applicable appointing authority as
178     provided] in accordance with Section 17B-1-304, or if the vacancy is a midterm vacancy, [as
179     provided] in accordance with Section 20A-1-512.
180          Section 3. Section 20A-1-512 is amended to read:
181          20A-1-512. Midterm vacancies on local district boards.
182          (1) (a) Whenever a vacancy occurs on any local district board for any reason, the
183     following shall appoint a replacement to serve out the unexpired term [shall be appointed as
184     provided] in accordance with this section [by]:
185          (i) the local district board, if the person vacating the position was elected; or
186          (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the
187     appointing authority appointed the person vacating the position [was appointed].
188          (b) Except as provided in Subsection (1)(c), before acting to fill the vacancy, the local
189     district board or appointing authority shall:
190          (i) give public notice of the vacancy at least two weeks before the local district board
191     or appointing authority meets to fill the vacancy[; and] by:
192          (A) if there is a newspaper of general circulation, as that term is defined in Section
193     45-1-201, within the district, publishing the notice in the newspaper of general circulation;
194          (B) posting the notice in three public places within the local district; and
195          (C) posting on the Utah Public Notice Website created under Section 63F-1-701; and
196          (ii) identify, in the notice:
197          (A) the date, time, and place of the meeting where the vacancy will be filled; [and]
198          (B) the [person] individual to whom [a person] an individual who is interested in
199     [being appointed] an appointment to fill the vacancy may submit [his] the individual's name for
200     consideration; and
201          (C) any submission deadline [for submitting it].
202          (c) An appointing authority is not subject to Subsection (1)(b) if:
203          (i) the appointing authority appoints one of [its] the appointing authority's own
204     members; and
205          (ii) that member meets all applicable statutory board member qualifications.
206          (2) If the local district board fails to appoint [a person] an individual to complete an
207     elected board member's term within 90 days, the legislative body of the county or municipality
208     that created the local district shall fill the vacancy [following] in accordance with the procedure
209     [set forth] for a local district described in Subsection (1)(b).




Legislative Review Note
Office of Legislative Research and General Counsel