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
23 ▸ requires certain notice in the event of a vacancy on a local district board of trustees;
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
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
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) [
42 member of a board of trustees [
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 [
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 [
50 the governor [
52 (i) [
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) [
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 [
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) [
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 [
66 to result in the terms of their successors complying with:
68 following a member's election or appointment; and
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
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) [
84 or the local district clerk may administer an oath of office.
85 (b) [
86 oath of office [
87 (c) The failure of a board of trustees member to take the oath [
88 Subsection (3)(a) does not invalidate any official act of that member.
89 (4) A board of trustees member [
91 (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
92 trustees position [
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 [
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
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 [
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
137 (1) If a county or municipal legislative body [
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
146 (d) each board of trustees member represents the district at large; and
147 (e) board members may not receive compensation for [
148 in addition to compensation [
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 [
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 [
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 [
166 (ii) the legislative body of that municipality shall appoint all five members of the
168 (2) [
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 [
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 [
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 [
184 (3) A [
185 Subsection (2)(b) [
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 [
198 (6) Each board of trustees member [
199 accordance with Section 17B-1-304.
200 (7) [
201 abatement district board of trustees [
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 [
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 [
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[
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; [
222 (B) the [
224 consideration; and
225 (C) any submission deadline [
226 (c) An appointing authority is not subject to Subsection (1)(b) if:
227 (i) the appointing authority appoints one of [
228 members; and
229 (ii) that member meets all applicable statutory board member qualifications.
230 (2) If the local district board fails to appoint [
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 [