Representative Stephen G. Handy proposes the following substitute bill:


1     
LOCAL DISTRICT BOARD AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Todd Weiler

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          ▸     amends provisions related to a county legislative body appointing one of the body's
13     own members to the board of trustees of a local district in certain circumstances;
14          ▸     establishes the procedure for filling open board member positions when the number
15     of board members increases;
16          ▸     addresses when the term begins for a board member who joins a board because the
17     number of board members increases;
18          ▸     requires adjusting the lengths of terms of new board members who join a board
19     because the number of board members increases to ensure that term expiration
20     occurs biannually;
21          ▸     clarifies a provision related to a county or municipal legislative body that serves as
22     the local district board of trustees;
23          ▸     addresses the entity that appoints members to a mosquito abatement board of
24     trustees;
25          ▸     requires certain notice in the event of a vacancy on a local district board of trustees;
26     and
27          ▸     makes technical and conforming changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          17B-1-302, as last amended by Laws of Utah 2018, Chapter 112
35          17B-1-303, as last amended by Laws of Utah 2017, Chapter 112
36          17B-1-308, as enacted by Laws of Utah 2007, Chapter 329
37          17B-2a-704, as last amended by Laws of Utah 2017, Chapter 112
38          20A-1-512, as last amended by Laws of Utah 2014, Chapter 377
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 17B-1-302 is amended to read:
42          17B-1-302. Board member qualifications -- Number of board members.
43          (1) Each member of a local district board of trustees shall be:
44          (a) a registered voter at the location of the member's residence; and
45          (b) except as otherwise provided in Subsection (2) or (3), a resident within:
46          (i) the boundaries of the local district; and
47          (ii) if applicable, the boundaries of the division of the local district from which the
48     member is elected or appointed.
49          (2) (a) As used in this Subsection (2):
50          (i) "Proportional number" means the number of members of a board of trustees that
51     bears, as close as mathematically possible, the same proportion to all members of the board that
52     the number of seasonally occupied homes bears to all residences within the district that receive
53     service from the district.
54          (ii) "Seasonally occupied home" means a single-family residence:
55          (A) that is located within the local district;
56          (B) that receives service from the local district; and
57          (C) whose owner does not reside permanently at the residence but may occupy the
58     residence on a temporary or seasonal basis.
59          (b) If over 50% of the residences within a local district that receive service from the
60     local district are seasonally occupied homes, the requirement under Subsection (1)(b) is
61     replaced, for a proportional number of members of the board of trustees, with the requirement
62     that the member be an owner of land, or an agent or officer of the owner of land, that:
63          (i) receives service from the district; and
64          (ii) is located within the local district and, if applicable, the division from which the
65     member is elected.
66          (3) (a) For a board of trustees member in a basic local district, or in any other type of
67     local district that is located solely within a county of the fifth or sixth class, that has within the
68     district's boundaries fewer than one residential dwelling unit per 10 acres of land, the
69     requirement under Subsection (1)(b) [is] may be replaced [with] by the requirement that the
70     member be an owner of land within the local district that receives service from the district, or
71     an agent or officer of the owner.
72          (b) A member of the board of trustees of a service area described in Subsection
73     17B-2a-905(2)(a) or (3)(a), who is an elected official of the county appointing the individual, is
74     not subject to the requirements described in Subsection (1)(b) if the elected official was elected
75     at large by the voters of the county.
76          (c) Notwithstanding Subsection (1)(b) and except as provided in Subsection (3)(d), the
77     county legislative body may appoint to the local district board one of the county legislative
78     body's own members, regardless of whether the member resides within the boundaries
79     described in Subsection (1)(b), if:
80          (i) the county legislative body satisfies the procedures to fill a vacancy described in:
81          (A) for the appointment of a new board member, Subsections 17B-1-304(2) and (3); or
82          (B) for an appointment to fill a midterm vacancy, [Subsections 20A-1-512(1)(a) and
83     (b)] Subsection 20A-1-512(1)(a)(ii) or 20A-1-512(2);
84          (ii) [no] fewer qualified [candidate] candidates timely [files] file to be considered for
85     appointment to the local district board than are necessary to fill the board; [and]
86          (iii) the county legislative body appoints each of the qualified candidates who timely
87     filed to be considered for appointment to the board; and
88          [(iii)] (iv) the county legislative body appoints a member of the body to the local
89     district board, in accordance with Subsection 17B-1-304(6) or Subsection 20A-1-512(1)(c),
90     who was:
91          (A) elected at large by the voters of the county;
92          (B) elected from a division of the county that includes more than 50% of the
93     geographic area of the local district; or
94          (C) if the local district is divided into divisions under Section 17B-1-306.5, elected
95     from a division of the county that includes more than 50% of the geographic area of the
96     division of the local district in which there is a board vacancy.
97          (d) If it is necessary to reconstitute the board of trustees of a local district located solely
98     within a county of the fifth or sixth class because the term of a majority of the members of the
99     board has expired without new trustees having been elected or appointed as required by law,
100     even if sufficient qualified candidates timely file to be considered for a vacancy on the board,
101     the county legislative body may appoint to the local district board no more than one of the
102     county legislative body's own members who does not satisfy the requirements of Subsection
103     (1).
104          (4) (a) Except as otherwise provided by statute, the number of members of each board
105     of trustees of a local district that has nine or fewer members shall have an odd number of
106     members that is no fewer than three.
107          (b) If a board of trustees of a local district has more than nine members, the number of
108     members may be odd or even.
109          (5) For a newly created local district, the number of members of the initial board of
110     trustees shall be the number specified:
111          (a) for a local district whose creation was initiated by a petition under Subsection
112     17B-1-203(1)(a), (b), or (c), in the petition; or
113          (b) for a local district whose creation was initiated by a resolution under Subsection
114     17B-1-203(1)(d) or (e), in the resolution.
115          (6) (a) For an existing local district, the number of members of the board of trustees
116     may be changed by a two-thirds vote of the board of trustees.
117          (b) No change in the number of members of a board of trustees under Subsection (6)(a)
118     may:
119          (i) violate Subsection (4); or
120          (ii) serve to shorten the term of any member of the board.
121          Section 2. Section 17B-1-303 is amended to read:
122          17B-1-303. Term of board of trustees members -- Oath of office -- Bond -- Notice
123     of board member contact information.
124          (1) (a) Except as provided in Subsections (1)(b) [and], (c), (d), and (e), the term of each
125     member of a board of trustees [shall begin] begins at noon on the January 1 following the
126     member's election or appointment.
127          (b) The term of each member of the initial board of trustees of a newly created local
128     district [shall begin] begins:
129          (i) upon appointment, for an appointed member; and
130          (ii) upon the member taking the oath of office after the canvass of the election at which
131     the member is elected, for an elected member.
132          (c) The term of each water conservancy district board member [appointed by] whom
133     the governor [as provided in] appoints in accordance with Subsection 17B-2a-1005(2)(c)
134     [shall]:
135          (i) [begin] begins on the later of the following:
136          (A) the date on which the Senate consents to the appointment; or
137          (B) the expiration date of the prior term; and
138          (ii) [end] ends on the February 1 that is approximately four years after the date
139     described in Subsection (1)(c)(i)(A) or (B).
140          (d) The term of a member of a board of trustees whom an appointing authority appoints
141     in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
142          (e) If the member of the board of trustees fails to assume or qualify for office on
143     January 1 for any reason, the term begins on the date the member assumes or qualifies for
144     office.
145          (2) (a) (i) Except as provided in Subsection (8), and subject to [Subsection]
146     Subsections (2)(a)(ii) and (iii), the term of each member of a board of trustees [shall be] is four
147     years, except that approximately half the members of the initial board of trustees, chosen by lot,
148     shall serve a two-year term so that the term of approximately half the board members expires
149     every two years.
150          (ii) [(A)] If the terms of members of the initial board of trustees of a newly created
151     local district do not begin on January 1 because of application of Subsection (1)(b), the terms
152     of those members shall be adjusted as necessary, subject to Subsection [(2)(a)(ii)(B)] (2)(a)(iii),
153     to result in the terms of their successors complying with:
154          [(I)] (A) the requirement under Subsection (1)(a) for a term to begin on January 1
155     following a member's election or appointment; and
156          [(II)] (B) the requirement under Subsection (2)(a)(i) that terms be four years.
157          (iii) If the term of a member of a board of trustees does not begin on January 1 because
158     of the application of Subsection (1)(e), the term is shortened as necessary to result in the term
159     complying with the requirement under Subsection (1)(a) that the successor member's term,
160     regardless of whether the incumbant is the successor, begins at noon on January 1 following the
161     successor member's election or appointment.
162          [(B)] (iv) An adjustment under Subsection [(2)(a)(ii)(A)] (2)(a)(ii) may not add more
163     than a year to or subtract more than a year from a member's term.
164          (b) Each board of trustees member shall serve until a successor is duly elected or
165     appointed and qualified, unless the member earlier is removed from office or resigns or
166     otherwise leaves office.
167          (c) If a member of a board of trustees no longer meets the qualifications of Subsection
168     17B-1-302(1), (2), or (3), or if the member's term expires without a duly elected or appointed
169     successor:
170          (i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
171          (ii) the member may continue to serve until a successor is duly elected or appointed
172     and qualified.
173          (3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
174     shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
175          (ii) [An oath of office may be administered by a] A judge, county clerk, notary public,
176     or the local district clerk may administer an oath of office.
177          (b) [Each] The member of the board of trustees taking the oath of office shall file the
178     oath of office [shall be filed] with the clerk of the local district.
179          (c) The failure of a board of trustees member to take the oath [required by] under
180     Subsection (3)(a) does not invalidate any official act of that member.
181          (4) A board of trustees member [is not limited in the] may serve any number of terms
182     [the member may serve].
183          (5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
184     trustees position [shall be filled as provided in] is filled in accordance with Section 20A-1-512.
185          (b) When the number of members of a board of trustees increases in accordance with
186     Subsection 17B-1-302(6), the appointing authority may appoint an individual to fill a new
187     board of trustees position in accordance with Section 17B-1-304 or 20A-1-512.
188          (6) (a) For purposes of this Subsection (6):
189          (i) "Appointed official" means a person who:
190          (A) is appointed as a member of a local district board of trustees by a county or
191     municipality that is entitled to appoint a member to the board; and
192          (B) holds an elected position with the appointing county or municipality.
193          (ii) "Appointing entity" means the county or municipality that appointed the appointed
194     official to the board of trustees.
195          (b) The board of trustees shall declare a midterm vacancy for the board position held
196     by an appointed official if:
197          (i) during the appointed official's term on the board of trustees, the appointed official
198     ceases to hold the elected position with the appointing entity; and
199          (ii) the appointing entity submits a written request to the board to declare the vacancy.
200          (c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
201     appointing entity shall appoint another person to fill the remaining unexpired term on the board
202     of trustees.
203          (7) (a) Each member of a board of trustees shall give a bond for the faithful
204     performance of the member's duties, in the amount and with the sureties [prescribed by] that
205     the board of trustees prescribes.
206          (b) The local district shall pay the cost of each bond required under Subsection (7)(a).
207          (8) (a) The lieutenant governor may extend the term of an elected district board
208     member by one year in order to compensate for a change in the election year under Subsection
209     17B-1-306(13).
210          (b) When the number of members of a board of trustees increases in accordance with
211     Subsection 17B-1-302(6), to ensure that the term of approximately half of the board members
212     expires every two years in accordance with Subsection (2)(a):
213          (i) the board shall set shorter terms for approximately half of the new board members,
214     chosen by lot; and
215          (ii) the initial term of a new board member position may be less than two or four years.
216          (9) (a) A local district shall:
217          (i) post on the Utah Public Notice Website created in Section 63F-1-701 the name,
218     phone number, and email address of each member of the local district's board of trustees;
219          (ii) update the information described in Subsection (9)(a)(i) when:
220          (A) the membership of the board of trustees changes; or
221          (B) a member of the board of trustees' phone number or email address changes; and
222          (iii) post any update required under Subsection (9)(a)(ii) within 30 days after the [day]
223     date on which the change requiring the update occurs.
224          (b) This Subsection (9) applies regardless of whether the county or municipal
225     legislative body also serves as the board of trustees of the local district.
226          Section 3. Section 17B-1-308 is amended to read:
227          17B-1-308. Boards of trustees composed of county or municipal legislative body
228     members.
229          (1) If a county or municipal legislative body [by statute] also serves as the board of
230     trustees of a local district:
231          (a) the board of trustees shall hold district meetings and keep district minutes,
232     accounts, and other records separate from those of the county or municipality;
233          (b) subject to Subsection (2), the board of trustees may use, respectively, existing
234     county or municipal facilities and personnel for district purposes;
235          (c) notwithstanding Subsections 17B-1-303(1) and (2), the term of office of each board
236     of trustees member coincides with the member's term as a county or municipal legislative body
237     member;
238          (d) each board of trustees member represents the district at large; and
239          (e) board members may not receive compensation for [their] service as board members
240     in addition to compensation [they] the board members receive as members of a county or
241     municipal legislative body.
242          (2) The county or municipal legislative body, as the case may be, shall charge the local
243     district, and the local district shall pay to the county or municipality, a reasonable amount for:
244          (a) the county or municipal facilities that the district uses; and
245          (b) except for services [rendered by] that the county or municipal legislative body
246     members render, the services that the county or municipality renders to the local district.
247          Section 4. Section 17B-2a-704 is amended to read:
248          17B-2a-704. Mosquito abatement district board of trustees.
249          (1) (a) Notwithstanding Subsection 17B-1-302(4):
250          (i) the board of trustees of a mosquito abatement district [shall consist] consists of no
251     less than five members appointed in accordance with this section; and
252          (ii) subject to Subsection (1)(b), the legislative body of each municipality that is
253     entirely or partly included within a mosquito abatement district shall appoint one member to
254     the board of trustees.
255          (b) If 75% or more of the area of a mosquito abatement district is within the boundaries
256     of a single municipality:
257          (i) the board of trustees [shall consist] consists of five members; and
258          (ii) the legislative body of that municipality shall appoint all five members of the
259     board.
260          (2) [The] Except as provided in Subsection (1), the legislative body of each county in
261     which a mosquito abatement district is located shall appoint at least one member but no more
262     than three members to the district's board of trustees as follows:
263          (a) the county may appoint one member [may be appointed] if:
264          (i) (A) some or all of the county's unincorporated area is included within the
265     boundaries of the mosquito abatement district; and
266          (B) Subsection (2)(b) does not apply; or
267          (ii) (A) the number of municipalities that are entirely or partly included within the
268     district is an even number less than nine; and
269          (B) Subsection (1)(b) does not apply; or
270          (b) subject to Subsection (3), the county may appoint up to and including three
271     members [may be appointed] if:
272          (i) more than 25% of the population of the mosquito abatement district resides outside
273     the boundaries of all municipalities that may appoint members to the board of trustees; and
274          (ii) a municipality appoints at least four members of the board of trustees [are
275     appointed by a municipality].
276          (3) A [member appointed] county may not appoint a member in accordance with
277     Subsection (2)(b) [may not reside] who resides within a municipality that may appoint a
278     member to the board of trustees.
279          (4) If the number of board members appointed by application of Subsections (1) and
280     (2)(a) is an even number less than nine, the legislative body of the county in which the district
281     is located shall appoint an additional member.
282          (5) Notwithstanding Subsection (2), and subject to Subsection (1)(b):
283          (a) if the mosquito abatement district is located entirely within one county and, in
284     accordance with this section, only one municipality may appoint a member of the board of
285     trustees, the county legislative body shall appoint at least four members to the district's board
286     of trustees; and
287          (b) if the mosquito abatement district is located entirely within one county and no
288     municipality may appoint a member of the board of trustees, the county legislative body shall
289     appoint all of the members of the board [shall be appointed by the county legislative body].
290          (6) Each board of trustees member [shall be appointed as provided in] is appointed in
291     accordance with Section 17B-1-304.
292          (7) [Each] The applicable appointing authority shall fill each vacancy on a mosquito
293     abatement district board of trustees [shall be filled by the applicable appointing authority as
294     provided] in accordance with Section 17B-1-304, or if the vacancy is a midterm vacancy, [as
295     provided] in accordance with Section 20A-1-512.
296          Section 5. Section 20A-1-512 is amended to read:
297          20A-1-512. Midterm vacancies on local district boards.
298          (1) (a) Whenever a vacancy occurs on any local district board for any reason, the
299     following shall appoint a replacement to serve out the unexpired term [shall be appointed as
300     provided] in accordance with this section [by]:
301          (i) the local district board, if the person vacating the position was elected; or
302          (ii) the appointing authority, as that term is defined in Section 17B-1-102, if the
303     appointing authority appointed the person vacating the position [was appointed].
304          (b) Except as provided in Subsection (1)(c), before acting to fill the vacancy, the local
305     district board or appointing authority shall:
306          (i) give public notice of the vacancy at least two weeks before the local district board
307     or appointing authority meets to fill the vacancy[; and] by:
308          (A) if there is a newspaper of general circulation, as that term is defined in Section
309     45-1-201, within the district, publishing the notice in the newspaper of general circulation;
310          (B) posting the notice in three public places within the local district; and
311          (C) posting on the Utah Public Notice Website created under Section 63F-1-701; and
312          (ii) identify, in the notice:
313          (A) the date, time, and place of the meeting where the vacancy will be filled; [and]
314          (B) the [person] individual to whom [a person] an individual who is interested in
315     [being appointed] an appointment to fill the vacancy may submit [his] the individual's name for
316     consideration; and
317          (C) any submission deadline [for submitting it].
318          (c) An appointing authority is not subject to Subsection (1)(b) if:
319          (i) the appointing authority appoints one of [its] the appointing authority's own
320     members; and
321          (ii) that member meets all applicable statutory board member qualifications.
322          (2) If the local district board fails to appoint [a person] an individual to complete an
323     elected board member's term within 90 days, the legislative body of the county or municipality
324     that created the local district shall fill the vacancy [following] in accordance with the procedure
325     [set forth] for a local district described in Subsection (1)(b).