Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 66 First Substitute (2018GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that a local district board of trustees is not required to have an odd number of members once the board reaches a certain size;
• amends provisions related to the membership of a municipal services district board of trustees; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

LOCAL GOVERNMENT MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
Daniel Hemmert
LONG TITLE
General Description:
This bill modifies the required number of board members for certain local district
boards of trustees.
Highlighted Provisions:
This bill:
▸ provides that a local district board of trustees is not required to have an odd number
of members once the board reaches a certain size;
▸ amends provisions related to the membership of a municipal services district board
of trustees; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17B-1-302
, as last amended by Laws of Utah 2017, Chapters 112 and 263
17B-2a-404
, as last amended by Laws of Utah 2017, Chapter 112
17B-2a-604
, as last amended by Laws of Utah 2017, Chapter 112
17B-2a-905
, as last amended by Laws of Utah 2017, Chapters 112 and 138
17B-2a-1106
, as last amended by Laws of Utah 2016, Chapter 176
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17B-1-302
 is amended to read:
17B-1-302.
Board member qualifications -- Number of board members.
(1) Each member of a local district board of trustees shall be:
(a) a registered voter at the location of the member's residence; and
(b) except as otherwise provided in Subsection (2) or (3), a resident within:
(i) the boundaries of the local district; and
(ii) if applicable, the boundaries of the division of the local district from which the
member is elected or appointed.
(2) (a) As used in this Subsection (2):
(i) "Proportional number" means the number of members of a board of trustees that
bears, as close as mathematically possible, the same proportion to all members of the board that
the number of seasonally occupied homes bears to all residences within the district that receive
service from the district.
(ii) "Seasonally occupied home" means a single-family residence:
(A) that is located within the local district;
(B) that receives service from the local district; and
(C) whose owner does not reside permanently at the residence but may occupy the
residence on a temporary or seasonal basis.
(b) If over 50% of the residences within a local district that receive service from the
local district are seasonally occupied homes, the requirement under Subsection (1)(b) is
replaced, for a proportional number of members of the board of trustees, with the requirement
that the member be an owner of land, or an agent or officer of the owner of land, that:
(i) receives service from the district; and
(ii) is located within the local district and, if applicable, the division from which the
member is elected.
(3) (a) For a board of trustees member in a basic local district that has within the
district's boundaries fewer than one residential dwelling unit per 10 acres of land, the
requirement under Subsection (1)(b) is replaced with the requirement that the member be an
owner of land within the local district that receives service from the district, or an agent or
officer of the owner.
(b) A member of the board of trustees of a service area described in Subsection
17B-2a-905
(2)(a) or (3)(a), who is an elected official of the county appointing the individual, is
not subject to the requirements described in Subsection (1)(b) if the elected official was elected
at large by the voters of the county.
(c) Notwithstanding Subsection (1)(b), the county legislative body may appoint to the
local district board one of the county legislative body's own members, regardless of whether the
member resides within the boundaries described in Subsection (1)(b), if:
(i) the county legislative body satisfies the procedures to fill a vacancy described in:
(A) for the appointment of a new board member, Subsections 
17B-1-304
(2) and (3); or
(B) for an appointment to fill a midterm vacancy, Subsections 
20A-1-512
(1)(a) and
(b);
(ii) no qualified candidate timely files to be considered for appointment to the local
district board; and
(iii) the county legislative body appoints a member of the body to the local district
board, in accordance with Subsection 
17B-1-304
(6) or Subsection 
20A-1-512
(1)(c), who was:
(A) elected at large by the voters of the county;
(B) elected from a division of the county that includes more than 50% of the
geographic area of the local district; or
(C) if the local district is divided into divisions under Section 
17B-1-306.5
, elected
from a division of the county that includes more than 50% of the geographic area of the
division of the local district in which there is a board vacancy.
(4) 
(a)
 Except as otherwise provided by statute, the number of members of each board
of trustees of a local district 
that has nine or fewer members
 shall [
be
] 
have
 an odd number 
of
members
 that is no [
less
] 
fewer
 than three.
(b) If a board of trustees of a local district has more than nine members, the number of
members may be odd or even.
(5) For a newly created local district, the number of members of the initial board of
trustees shall be the number specified:
(a) for a local district whose creation was initiated by a petition under Subsection
17B-1-203
(1)(a), (b), or (c), in the petition; or
(b) for a local district whose creation was initiated by a resolution under Subsection
17B-1-203
(1)(d) or (e), in the resolution.
(6) (a) For an existing local district, the number of members of the board of trustees
may be changed by a two-thirds vote of the board of trustees.
(b) No change in the number of members of a board of trustees under Subsection (6)(a)
may:
(i) violate Subsection (4); or
(ii) serve to shorten the term of any member of the board.
Section 2. Section 
17B-2a-404
 is amended to read:
17B-2a-404.
Improvement district board of trustees.
(1) As used in this section:
(a) "County district" means an improvement district that does not include within its
boundaries any territory of a municipality.
(b) "County member" means a member of a board of trustees of a county district.
(c) "Electric district" means an improvement district that was created for the purpose of
providing electric service.
(d) "Included municipality" means a municipality whose boundaries are entirely
contained within but do not coincide with the boundaries of an improvement district.
(e) "Municipal district" means an improvement district whose boundaries coincide
with the boundaries of a single municipality.
(f) "Regular district" means an improvement district that is not a county district,
electric district, or municipal district.
(g) "Remaining area" means the area of a regular district that:
(i) is outside the boundaries of an included municipality; and
(ii) includes the area of an included municipality whose legislative body elects, under
Subsection (5)(a)(ii), not to appoint a member to the board of trustees of the regular district.
(h) "Remaining area member" means a member of a board of trustees of a regular
district who is appointed, or, if applicable, elected to represent the remaining area of the
district.
(2) The legislative body of the municipality included within a municipal district may:
(a) elect, at the time of the creation of the district, to be the board of trustees of the
district; and
(b) adopt at any time a resolution providing for:
(i) the election of board of trustees members, as provided in Section 
17B-1-306
; or
(ii) the appointment of board of trustees members, as provided in Section 
17B-1-304
.
(3) (a) The legislative body of a county whose unincorporated area is partly or
completely within a county district may:
(i) elect, at the time of the creation of the district, to be the board of trustees of the
district, even though a member of the legislative body of the county may not meet the
requirements of Subsection 
17B-1-302
(1);
(ii) adopt at any time a resolution providing for:
(A) the election of board of trustees members, as provided in Section 
17B-1-306
; or
(B) except as provided in Subsection (4), the appointment of board of trustees
members, as provided in Section 
17B-1-304
; and
(iii) if the conditions of Subsection (3)(b) are met, appoint a member of the legislative
body of the county to the board of trustees, except that the legislative body of the county may
not appoint more than three members of the legislative body of the county to the board of
trustees.
(b) A legislative body of a county whose unincorporated area is partly or completely
within a county district may take an action under Subsection (3)(a)(iii) if:
(i) more than 35% of the residences within a county district that receive service from
the district are seasonally occupied homes, as defined in Subsection 
17B-1-302
(2)(a)(ii);
(ii) the board of trustees are appointed by the legislative body of the county; and
(iii) there are at least two appointed board members who meet the requirements of
Subsections 
17B-1-302
(1), (2), and (3), except that a member of the legislative body of the
county need not satisfy the requirements of Subsections 
17B-1-302
(1), (2), and (3).
(4) Subject to Subsection (6)(d), the legislative body of a county may not adopt a
resolution providing for the appointment of board of trustees members as provided in
Subsection (3)(a)(ii)(B) at any time after the county district is governed by an elected board of
trustees unless:
(a) the elected board has ceased to function;
(b) the terms of all of the elected board members have expired without the board
having called an election; or
(c) the elected board of trustees unanimously adopts a resolution approving the change
from an elected to an appointed board.
(5) (a) (i) Except as provided in Subsection (5)(a)(ii), the legislative body of each
included municipality shall each appoint one member to the board of trustees of a regular
district.
(ii) The legislative body of an included municipality may elect not to appoint a member
to the board under Subsection (5)(a)(i).
(b) Except as provided in Subsection (6), the legislative body of each county whose
boundaries include a remaining area shall appoint all other members to the board of trustees of
a regular district.
(6) Notwithstanding Subsection (3), each remaining area member of a regular district
and each county member of a county district shall be elected, as provided in Section
17B-1-306
, if:
(a) the petition or resolution initiating the creation of the district provides for remaining
area or county members to be elected;
(b) the district holds an election to approve the district's issuance of bonds;
(c) for a regular district, an included municipality elects, under Subsection (5)(a)(ii),
not to appoint a member to the board of trustees; or
(d) (i) at least 90 days before the municipal general election or regular general election,
as applicable, a petition is filed with the district's board of trustees requesting remaining area
members or county members, as the case may be, to be elected; and
(ii) the petition is signed by registered voters within the remaining area or county
district, as the case may be, equal in number to at least 10% of the number of registered voters
within the remaining area or county district, respectively, who voted in the last gubernatorial
election.
(7) Subject to Section 
17B-1-302
, the number of members of a board of trustees of a
regular district shall be:
(a) the number of included municipalities within the district, if:
(i) the number 
of included municipalities
 is 
greater than nine or is
 an odd number 
that
is not greater than nine
; and
(ii) the district does not include a remaining area;
(b) the number of included municipalities plus one, if the number of included
municipalities within the district is 
an
 even 
number that is less than nine
; and
(c) the number of included municipalities plus two, if:
(i) the number of included municipalities is 
an
 odd 
number that is less than nine
; and
(ii) the district includes a remaining area.
(8) (a) Except as provided in Subsection (8)(b), each remaining area member of the
board of trustees of a regular district shall reside within the remaining area.
(b) Notwithstanding Subsection (8)(a) and subject to Subsection (8)(c), each remaining
area member shall be chosen from the district at large if:
(i) the population of the remaining area is less than 5% of the total district population;
or
(ii) (A) the population of the remaining area is less than 50% of the total district
population; and
(B) the majority of the members of the board of trustees are remaining area members.
(c) Application of Subsection (8)(b) may not prematurely shorten the term of any
remaining area member serving the remaining area member's elected or appointed term on May
11, 2010.
(9) If the election of remaining area or county members of the board of trustees is
required because of a bond election, as provided in Subsection (6)(b):
(a) a person may file a declaration of candidacy if:
(i) the person resides within:
(A) the remaining area, for a regular district; or
(B) the county district, for a county district; and
(ii) otherwise qualifies as a candidate;
(b) the board of trustees shall, if required, provide a ballot separate from the bond
election ballot, containing the names of candidates and blanks in which a voter may write
additional names; and
(c) the election shall otherwise be governed by Title 20A, Election Code.
(10) (a) (i) This Subsection (10) applies to the board of trustees members of an electric
district.
(ii) Subsections (2) through (9) do not apply to an electric district.
(b) The legislative body of the county in which an electric district is located may
appoint the initial board of trustees of the electric district as provided in Section 
17B-1-304
.
(c) After the initial board of trustees is appointed as provided in Subsection (10)(b),
each member of the board of trustees of an electric district shall be elected by persons using
electricity from and within the district.
(d) Each member of the board of trustees of an electric district shall be a user of
electricity from the district and, if applicable, the division of the district from which elected.
(e) The board of trustees of an electric district may be elected from geographic
divisions within the district.
(f) A municipality within an electric district is not entitled to automatic representation
on the board of trustees.
Section 3. Section 
17B-2a-604
 is amended to read:
17B-2a-604.
Metropolitan water district board of trustees.
(1) Members of the board of trustees of a metropolitan water district shall be:
(a) elected in accordance with:
(i) the petition or resolution that initiated the process of creating the metropolitan water
district; and
(ii) Section 
17B-1-306
;
(b) appointed in accordance with Subsection (2); or
(c) elected under Subsection (3)(a).
(2) (a) This Subsection (2) shall apply to an appointed board of trustees of a
metropolitan water district.
(b) If a district contains the area of a single municipality:
(i) the legislative body of that municipality shall appoint each member of the board of
trustees; and
(ii) one member shall be the officer with responsibility over the municipality's water
supply and distribution system, if the system is municipally owned.
(c) If a district contains some or all of the retail water service area of more than one
municipality:
(i) the legislative body of each municipality shall appoint the number of members for
that municipality as determined under Subsection (2)(c)(ii);
(ii) subject to Subsection (2)(c)(iii), the number of members appointed by each
municipality shall be determined:
(A) by agreement between the metropolitan water district and the municipalities,
subject to [
the maximum stated in
] Subsection 
17B-1-302
(4); or
(B) as provided in Chapter 1, Part 3, Board of Trustees; and
(iii) at least one member shall be appointed by each municipality.
(d) Each trustee shall be appointed without regard to partisan political affiliations from
among citizens of the highest integrity, attainment, competence, and standing in the
community.
(3) (a) Members of the board of trustees of a metropolitan water district shall be
elected in accordance with Section 
17B-1-306
, if, subject to Subsection (3)(b):
(i) three-fourths of all members of the board of trustees of the metropolitan water
district vote in favor of changing to an elected board; and
(ii) the legislative body of each municipality that appoints a member to the board of
trustees adopts a resolution approving the change to an elected board.
(b) A change to an elected board of trustees under Subsection (3)(a) may not shorten
the term of any member of the board of trustees serving at the time of the change.
(4) A member of the board of trustees of a metropolitan water district shall be:
(a) a registered voter;
(b) a property taxpayer; and
(c) a resident of:
(i) the metropolitan water district; and
(ii) the retail water service area of the municipality that:
(A) elects the member; or
(B) the member is appointed to represent.
(5) (a) Except as provided in Subsection (7), a member shall immediately forfeit the
member's seat on the board of trustees if the member becomes elected or appointed to office in
or becomes an employee of the municipality whose legislative body appointed the member
under Subsection (2).
(b) The position of the member described in Subsection (5)(a) is vacant until filled as
provided in Section 
17B-1-304
.
(6) Except as provided in Subsection (7), the term of office of each member of the
board of trustees is as provided in Section 
17B-1-303
.
(7) Subsections (4), (5)(a), and (6) do not apply to a member who is a member under
Subsection (2)(b)(ii).
Section 4. Section 
17B-2a-905
 is amended to read:
17B-2a-905.
Service area board of trustees.
(1) (a) Except as provided in Subsection (2) or (3):
(i) the initial board of trustees of a service area located entirely within the
unincorporated area of a single county may, as stated in the petition or resolution that initiated
the process of creating the service area:
(A) consist of the county legislative body;
(B) be appointed, as provided in Section 
17B-1-304
; or
(C) be elected, as provided in Section 
17B-1-306
;
(ii) if the board of trustees of a service area consists of the county legislative body, the
board may adopt a resolution providing for future board members to be appointed, as provided
in Section 
17B-1-304
, or elected, as provided in Section 
17B-1-306
; and
(iii) members of the board of trustees of a service area shall be elected, as provided in
Section 
17B-1-306
, if:
(A) the service area is not entirely within the unincorporated area of a single county;
(B) a petition is filed with the board of trustees requesting that board members be
elected, and the petition is signed by registered voters within the service area equal in number
to at least 10% of the number of registered voters within the service area who voted at the last
gubernatorial election; or
(C) an election is held to authorize the service area's issuance of bonds.
(b) If members of the board of trustees of a service area are required to be elected
under Subsection (1)(a)(iii)(C) because of a bond election:
(i) board members shall be elected in conjunction with the bond election;
(ii) the board of trustees shall:
(A) establish a process to enable potential candidates to file a declaration of candidacy
sufficiently in advance of the election; and
(B) provide a ballot for the election of board members separate from the bond ballot;
and
(iii) except as provided in this Subsection (1)(b), the election shall be held as provided
in Section 
17B-1-306
.
(2) (a) This Subsection (2) applies to a service area created on or after May 5, 2003, if:
(i) the service area was created to provide:
(A) fire protection, paramedic, and emergency services; or
(B) law enforcement service;
(ii) in the creation of the service area, an election was not required under Subsection
17B-1-214
(3)(d); and
(iii) the service area is not a service area described in Subsection (3).
(b) (i) Each county [
whose
] 
with
 unincorporated area 
that
 is included within a service
area described in Subsection (2)(a), whether in conjunction with the creation of the service area
or by later annexation, shall appoint 
up to
 three members to the board of trustees.
(ii) Each municipality [
whose
] 
with an
 area 
that
 is included within a service area
described in Subsection (2)(a), whether in conjunction with the creation of the service area or
by later service area annexation or municipal incorporation or annexation, shall appoint one
member to the board of trustees, unless the area of the municipality is withdrawn from the
service area.
(iii) Each member [
appointed by
] 
that
 a county or municipality 
appoints
 under
Subsection (2)(b)(i) or (ii) shall be an elected official of the appointing county or municipality,
respectively.
(c) Notwithstanding Subsection 
17B-1-302
(4), the number of members of a board of
trustees of a service area described in Subsection (2)(a) shall be the number resulting from
application of Subsection (2)(b).
(3) (a) This Subsection (3) applies to a service area created on or after May 14, 2013,
if:
(i) the service area was created to provide fire protection, paramedic, and emergency
services;
(ii) in the creation of the service area, an election was not required under Subsection
17B-1-214
(3)(d); and
(iii) each municipality [
whose
] 
with an
 area 
that
 is included within the service area or
county [
whose
] 
with
 unincorporated area, whether in whole or in part, 
that
 is included within a
service area is a party to an agreement:
(A) entered into in accordance with Title 11, Chapter 13, Interlocal Cooperation Act
,
with all the other municipalities or counties [
whose
] 
with an
 area 
that
 is included in the service
area;
(B) to provide the services described in Subsection (3)(a)(i); and
(C) at the time a resolution proposing the creation of the service area is adopted by
each applicable municipal or county legislative body in accordance with Subsection
17B-1-203
(1)(d).
(b) (i) Each county [
whose
] 
with
 unincorporated area, whether in whole or in part, 
that
is included within a service area described in Subsection (3)(a), whether in conjunction with
the creation of the service area or by later annexation, shall appoint one member to the board of
trustees.
(ii) Each municipality [
whose
] 
with an
 area 
that
 is included within a service area
described in Subsection (3)(a), whether in conjunction with the creation of the service area or
by later annexation, shall appoint one member to the board of trustees.
(iii) Each member [
appointed by
] 
that
 a county or municipality 
appoints
 under
Subsection (3)(b)(i) or (ii) shall be an elected official of the appointing county or municipality,
respectively.
(iv) A vote by a member of the board of trustees may be weighted or proportional.
(c) Notwithstanding Subsection 
17B-1-302
(4), the number of members of a board of
trustees of a service area described in Subsection (3)(a) [
shall be
] 
is
 the number resulting from
the application of Subsection (3)(b).
Section 5. Section 
17B-2a-1106
 is amended to read:
17B-2a-1106.
Municipal services district board of trustees -- Governance.
(1) Except as provided in Subsection (2), and notwithstanding any other provision of
law regarding the membership of a local district board of trustees, the initial board of trustees
of a municipal services district shall consist of the county legislative body.
(2) (a) Notwithstanding any provision of law regarding the membership of a local
district board of trustees or the governance of a local district, and, except as provided in
Subsection (3), if a municipal services district is created in a county of the first class with the
county executive-council form of government, the initial governance of the municipal services
district is as follows:
(i) subject to Subsection (2)(b), the county council is the municipal services district
board of trustees; and
(ii) subject to Subsection (2)(c), the county executive is the executive of the municipal
services district.
(b) Notwithstanding any other provision of law, the board of trustees of a municipal
services district described in Subsection (2)(a) shall:
(i) act as the legislative body of the district; and
(ii) exercise legislative branch powers and responsibilities established for county
legislative bodies in:
(A) Title 17, Counties; and
(B) an optional plan, as defined in Section 
17-52-101
, adopted for a county
executive-council form of county government as described in Section 
17-52-504
.
(c) Notwithstanding any other provision of law, in a municipal services district
described in Subsection (2)(a), the executive of the district shall:
(i) act as the executive of the district;
(ii) nominate a general manager of the municipal services district, subject to the advice
and consent of the board of trustees; and
(iii) exercise executive branch powers and responsibilities established for a county
executive in:
(A) Title 17, Counties; and
(B) an optional plan, as defined in Section 
17-52-101
, adopted for a county
executive-council form of county government as described in Section 
17-52-504
.
(3) (a) If, after the initial creation of a municipal services district, an area within the
district is incorporated as a municipality as defined in Section 
10-1-104
 and the area is not
withdrawn from the district in accordance with Section 
17B-1-502
 or 
17B-1-505
, or an area
within the municipality is annexed into the municipal services district in accordance with
Section 
17B-2a-1103
, the district's board of trustees shall be as follows:
(i) subject to Subsection (3)(b), a member of that municipality's governing body;
(ii) [
subject to Subsection (4), two members
] 
one member
 of the county council of the
county in which the municipal services district is located; and
(iii) the total number of board members [
shall
] 
is not required to
 be an odd number.
(b) A member described in Subsection (3)(a)(i) shall be:
(i) for a municipality other than a metro township, designated by the municipal
legislative body; and
(ii) for a metro township, the chair of the metro township.
(c) A member of the board of trustees has the powers and duties described in
Subsection (2)(b).
(d) The county executive is the executive and has the powers and duties as described in
Subsection (2)(c).
[
(4) (a) The number of county council members may be increased or decreased to meet
the membership requirements of Subsection (3)(a)(iii) but may not be less than one.
]
[
(b)
] 
(4)
 The [
number of
] county council [
members
] 
member
 described in Subsection
(3)(a)(ii) [
does
] 
may
 not [
include
] 
be
 the county mayor 
who, as the executive of the district, is
not a member of the board of trustees
.
(5) For a board of trustees described in Subsection (3), each board member's vote is
weighted using the proportion of the municipal services district population that resides:
(a) for each member described in Subsection (3)(a)(i), within that member's
municipality; and
(b) for [
each
] 
the
 member described in Subsection (3)(a)(ii), within the unincorporated
county[
, with the members' weighted vote divided evenly if there is more than one member on
the board described in Subsection (3)(a)(ii)
].
(6) The board may adopt a resolution providing for future board members to be
appointed, as provided in Section 
17B-1-304
, or elected, as provided in Section 
17B-1-306
.
(7) (a) Notwithstanding Subsections 
17B-1-309
(1) or 
17B-1-310
(1), the board of
trustees may adopt a resolution to determine the internal governance of the board.
(b) A resolution adopted under Subsection (7)(a) may not alter or impair the board of
trustees' duties, powers, or responsibilities described in Subsection (2)(b) or the executive's
duties, powers, or responsibilities described in Subsection (2)(c).
(8) The municipal services district and the county may enter into an agreement for the
provision of legal services to the municipal services district.