Representative Stephen G. Handy proposes the following substitute bill:


1     
LOCAL DISTRICT BOARD AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Jerry W. Stevenson

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          ▸     clarifies a provision related to a county or municipal legislative body that serves as
20     the local district board of trustees;
21          ▸     addresses the entity that appoints members to a mosquito abatement board of
22     trustees;
23          ▸     requires certain notice in the event of a vacancy on a local district board of trustees;
24     and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          17B-1-303, as last amended by Laws of Utah 2017, Chapter 112
33          17B-1-308, as enacted by Laws of Utah 2007, Chapter 329
34          17B-2a-704, as last amended by Laws of Utah 2017, Chapter 112
35          20A-1-512, as last amended by Laws of Utah 2014, Chapter 377
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 17B-1-303 is amended to read:
39          17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
40     of board member contact information.
41          (1) (a) Except as provided in Subsections (1)(b) [and], (c), and (d), the term of each
42     member of a board of trustees [shall begin] begins at noon on the January 1 following the
43     member's election or appointment.
44          (b) The term of each member of the initial board of trustees of a newly created local
45     district [shall begin] begins:
46          (i) upon appointment, for an appointed member; and
47          (ii) upon the member taking the oath of office after the canvass of the election at which
48     the member is elected, for an elected member.
49          (c) The term of each water conservancy district board member [appointed by] whom
50     the governor [as provided in] appoints in accordance with Subsection 17B-2a-1005(2)(c)
51     [shall]:
52          (i) [begin] begins on the later of the following:
53          (A) the date on which the Senate consents to the appointment; or
54          (B) the expiration date of the prior term; and
55          (ii) [end] ends on the February 1 that is approximately four years after the date
56     described in Subsection (1)(c)(i)(A) or (B).
57          (d) The term of a member of a board of trustees whom an appointing authority appoints
58     in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
59          (2) (a) (i) Except as provided in Subsection (8), and subject to Subsection (2)(a)(ii), the
60     term of each member of a board of trustees [shall be] is four years, except that approximately
61     half the members of the initial board of trustees, chosen by lot, shall serve a two-year term so
62     that the term of approximately half the board members expires every two years.
63          (ii) [(A)] If the terms of members of the initial board of trustees of a newly created
64     local district do not begin on January 1 because of application of Subsection (1)(b), the terms
65     of those members shall be adjusted as necessary, subject to Subsection [(2)(a)(ii)(B)] (2)(a)(iii),
66     to result in the terms of their successors complying with:
67          [(I)] (A) the requirement under Subsection (1)(a) for a term to begin on January 1
68     following a member's election or appointment; and
69          [(II)] (B) the requirement under Subsection (2)(a)(i) that terms be four years.
70          [(B)] (iii) An adjustment under Subsection [(2)(a)(ii)(A)] (2)(a)(ii) may not add more
71     than a year to or subtract more than a year from a member's term.
72          (b) Each board of trustees member shall serve until a successor is duly elected or
73     appointed and qualified, unless the member earlier is removed from office or resigns or
74     otherwise leaves office.
75          (c) If a member of a board of trustees no longer meets the qualifications of Subsection
76     17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or appointed
77     successor:
78          (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
79          (ii) the member may continue to serve until a successor is duly elected or appointed
80     and qualified.
81          (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
82     shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
83          (ii) [An oath of office may be administered by a] A judge, county clerk, notary public,
84     or the local district clerk may administer an oath of office.
85          (b) [Each] The member of the board of trustees taking the oath of office shall file the
86     oath of office [shall be filed] with the clerk of the local district.
87          (c) The failure of a board of trustees member to take the oath [required by] under
88     Subsection (3)(a) does not invalidate any official act of that member.
89          (4) A board of trustees member [is not limited in the] may serve any number of terms
90     [the member may serve].
91          (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
92     trustees position [shall be filled as provided in] is filled in accordance with Section 20A-1-512.
93          (b) When the number of members of a board of trustees increases in accordance with
94     Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a new
95     board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.
96          (6) (a) For purposes of this Subsection (6):
97          (i) "Appointed official" means a person who:
98          (A) is appointed as a member of a local district board of trustees by a county or
99     municipality that is entitled to appoint a member to the board; and
100          (B) holds an elected position with the appointing county or municipality.
101          (ii) "Appointing entity" means the county or municipality that appointed the appointed
102     official to the board of trustees.
103          (b) The board of trustees shall declare a midterm vacancy for the board position held
104     by an appointed official if:
105          (i) during the appointed official's term on the board of trustees, the appointed official
106     ceases to hold the elected position with the appointing entity; and
107          (ii) the appointing entity submits a written request to the board to declare the vacancy.
108          (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
109     appointing entity shall appoint another person to fill the remaining unexpired term on the board
110     of trustees.
111          (7) (a) Each member of a board of trustees shall give a bond for the faithful
112     performance of the member's duties, in the amount and with the sureties [prescribed by] that
113     the board of trustees prescribes.
114          (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
115          (8) (a) The lieutenant governor may extend the term of an elected district board
116     member by one year in order to compensate for a change in the election year under Subsection
117     17B-1-306(13).
118          (b) When the number of members of a board of trustees increases in accordance with
119     Subsection 17B-1-302(6), to ensure that the term of approximately half of the board members
120     expires every two years in accordance with Subsection (2)(a):
121          (i) the board shall set shorter terms for approximately half the new board members,
122     chosen by lot; and
123          (ii) the initial term of a new board member position may be less than two or four years.
124          (9) (a) A local district shall:
125          (i) post on the Utah Public Notice Website created in Section 63F-1-701 the name,
126     phone number, and email address of each member of the local district's board of trustees;
127          (ii) update the information described in Subsection (9)(a)(i) when:
128          (A) the membership of the board of trustees changes; or
129          (B) a member of the board of trustees' phone number or email address changes; and
130          (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the [day]
131     date on which the change requiring the update occurs.
132          (b) This Subsection (9) applies regardless of whether the county or municipal
133     legislative body also serves as the board of trustees of the local district.
134          Section 2. Section 17B-1-308 is amended to read:
135          17B-1-308. Boards of trustees composed of county or municipal legislative body
136     members.
137          (1) If a county or municipal legislative body [by statute] also serves as the board of
138     trustees of a local district:
139          (a) the board of trustees shall hold district meetings and keep district minutes,
140     accounts, and other records separate from those of the county or municipality;
141          (b) subject to Subsection (2), the board of trustees may use, respectively, existing
142     county or municipal facilities and personnel for district purposes;
143          (c) notwithstanding Subsections 17B-1-303(1) and (2), the term of office of each board
144     of trustees member coincides with the member's term as a county or municipal legislative body
145     member;
146          (d) each board of trustees member represents the district at large; and
147          (e) board members may not receive compensation for [their] service as board members
148     in addition to compensation [they] the board members receive as members of a county or
149     municipal legislative body.
150          (2) The county or municipal legislative body, as the case may be, shall charge the local
151     district, and the local district shall pay to the county or municipality, a reasonable amount for:
152          (a) the county or municipal facilities that the district uses; and
153          (b) except for services [rendered by] that the county or municipal legislative body
154     members render, the services that the county or municipality renders to the local district.
155          Section 3. Section 17B-2a-704 is amended to read:
156          17B-2a-704. Mosquito abatement district board of trustees.
157          (1) (a) Notwithstanding Subsection 17B-1-302(4):
158          (i) the board of trustees of a mosquito abatement district [shall consist] consists of no
159     less than five members appointed in accordance with this section; and
160          (ii) subject to Subsection (1)(b), the legislative body of each municipality that is
161     entirely or partly included within a mosquito abatement district shall appoint one member to
162     the board of trustees.
163          (b) If 75% or more of the area of a mosquito abatement district is within the boundaries
164     of a single municipality:
165          (i) the board of trustees [shall consist] consists of five members; and
166          (ii) the legislative body of that municipality shall appoint all five members of the
167     board.
168          (2) [The] Except as provided in Subsection (1), the legislative body of each county in
169     which a mosquito abatement district is located shall appoint at least one member but no more
170     than three members to the district's board of trustees as follows:
171          (a) the county may appoint one member [may be appointed] if:
172          (i) (A) some or all of the county's unincorporated area is included within the
173     boundaries of the mosquito abatement district; and
174          (B) Subsection (2)(b) does not apply; or
175          (ii) (A) the number of municipalities that are entirely or partly included within the
176     district is an even number less than nine; and
177          (B) Subsection (1)(b) does not apply; or
178          (b) subject to Subsection (3), the county may appoint up to and including three
179     members [may be appointed] if:
180          (i) more than 25% of the population of the mosquito abatement district resides outside
181     the boundaries of all municipalities that may appoint members to the board of trustees; and
182          (ii) a municipality appoints at least four members of the board of trustees [are
183     appointed by a municipality].
184          (3) A [member appointed] county may not appoint a member in accordance with
185     Subsection (2)(b) [may not reside] who resides within a municipality that may appoint a
186     member to the board of trustees.
187          (4) If the number of board members appointed by application of Subsections (1) and
188     (2)(a) is an even number less than nine, the legislative body of the county in which the district
189     is located shall appoint an additional member.
190          (5) Notwithstanding Subsection (2), and subject to Subsection (1)(b):
191          (a) if the mosquito abatement district is located entirely within one county and, in
192     accordance with this section, only one municipality may appoint a member of the board of
193     trustees, the county legislative body shall appoint at least four members to the district's board
194     of trustees; and
195          (b) if the mosquito abatement district is located entirely within one county and no
196     municipality may appoint a member of the board of trustees, the county legislative body shall
197     appoint all of the members of the board [shall be appointed by the county legislative body].
198          (6) Each board of trustees member [shall be appointed as provided in] is appointed in
199     accordance with Section 17B-1-304.
200          (7) [Each] The applicable appointing authority shall fill each vacancy on a mosquito
201     abatement district board of trustees [shall be filled by the applicable appointing authority as
202     provided] in accordance with Section 17B-1-304, or if the vacancy is a midterm vacancy, [as
203     provided] in accordance with Section 20A-1-512.
204          Section 4. Section 20A-1-512 is amended to read:
205          20A-1-512. Midterm vacancies on local district boards.
206          (1) (a) Whenever a vacancy occurs on any local district board for any reason, the
207     following shall appoint a replacement to serve out the unexpired term [shall be appointed as
208     provided] in accordance with this section [by]:
209          (i) the local district board, if the person vacating the position was elected; or
210          (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the
211     appointing authority appointed the person vacating the position [was appointed].
212          (b) Except as provided in Subsection (1)(c), before acting to fill the vacancy, the local
213     district board or appointing authority shall:
214          (i) give public notice of the vacancy at least two weeks before the local district board
215     or appointing authority meets to fill the vacancy[; and] by:
216          (A) if there is a newspaper of general circulation, as that term is defined in Section
217     45-1-201, within the district, publishing the notice in the newspaper of general circulation;
218          (B) posting the notice in three public places within the local district; and
219          (C) posting on the Utah Public Notice Website created under Section 63F-1-701; and
220          (ii) identify, in the notice:
221          (A) the date, time, and place of the meeting where the vacancy will be filled; [and]
222          (B) the [person] individual to whom [a person] an individual who is interested in
223     [being appointed] an appointment to fill the vacancy may submit [his] the individual's name for
224     consideration; and
225          (C) any submission deadline [for submitting it].
226          (c) An appointing authority is not subject to Subsection (1)(b) if:
227          (i) the appointing authority appoints one of [its] the appointing authority's own
228     members; and
229          (ii) that member meets all applicable statutory board member qualifications.
230          (2) If the local district board fails to appoint [a person] an individual to complete an
231     elected board member's term within 90 days, the legislative body of the county or municipality
232     that created the local district shall fill the vacancy [following] in accordance with the procedure
233     [set forth] for a local district described in Subsection (1)(b).