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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to fire districts.
10 Highlighted Provisions:
11 This bill:
12 ▸ exempts fire protection districts located in a county of the fourth, fifth, and sixth
13 class from the prohibition against a person simultaneously acting as a member of
14 the fire district's board of trustees and as the fire district's employee or contractor.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 17B-1-311, as last amended by Laws of Utah 2021, Chapter 51
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 17B-1-311 is amended to read:
25 17B-1-311. Board member prohibited from district employment -- Exception.
26 (1) No elected or appointed member of the board of trustees of a local district may,
27 while serving on the board, be employed by the district, whether as an employee or under a
28 contract.
29 (2) No person employed by a local district, whether as an employee or under a contract,
30 may serve on the board of that local district.
31 (3) A local district is not in violation of a prohibition described in Subsection (1) or (2)
32 if the local district:
33 (a) treats a member of a board of trustees as an employee for income tax purposes; and
34 (b) complies with the compensation limits of Section 17B-1-307 for purposes of that
35 member.
36 (4) This section does not apply to a local district if:
37 (a) fewer than 3,000 people in the state live within 40 miles of the local district's
38 boundaries or primary place of employment, measured over all weather public roads; and
39 (b) with respect to the employment of a board of trustees member under Subsection
40 (1):
41 (i) the job opening has had reasonable public notice; and
42 (ii) the person employed is the best qualified candidate for the position.
43 (5) This section does not apply to a board of trustees of:
44 (a) a large public transit district as described in Chapter 2a, Part 8, Public Transit
45 District Act[
46 (b) a fire protection district as described in Chapter 2a, Part 3, Fire Protection District
47 Act, located in a county of the fourth, fifth, or sixth class.