Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 290 First Substitute (2018GS)

Sponsor

Rep. Handy, S.

Final action

House/ filed 3/8/2018

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• establishes the procedure for filling open board member positions when the number of board members increases;
• addresses when the term begins for a board member who joins a board because the number of board members increases;
• requires adjusting the lengths of terms of new board members who join a board because the number of board members increases to ensure that term expiration occurs biannually;
• addresses the entity that appoints members to a mosquito abatement board of trustees;
• requires certain notice in the event of a vacancy on a local district board of trustees; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

LOCAL DISTRICT BOARD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill addresses the membership of a board of trustees of a local district.
Highlighted Provisions:
This bill:
▸ establishes the procedure for filling open board member positions when the number
of board members increases;
▸ addresses when the term begins for a board member who joins a board because the
number of board members increases;
▸ requires adjusting the lengths of terms of new board members who join a board
because the number of board members increases to ensure that term expiration
occurs biannually;
▸ addresses the entity that appoints members to a mosquito abatement board of
trustees;
▸ requires certain notice in the event of a vacancy on a local 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-1-303
, as last amended by Laws of Utah 2017, Chapter 112
17B-2a-704
, as last amended by Laws of Utah 2017, Chapter 112
20A-1-512
, as last amended by Laws of Utah 2014, Chapter 377
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17B-1-303
 is amended to read:
17B-1-303.
Term of board of trustees members -- Oath of office -- Bond -- Notice
of board member contact information.
(1) (a) Except as provided in Subsections (1)(b) [
and
]
,
 (c), 
and (d),
 the term of each
member of a board of trustees [
shall begin
] 
begins
 at noon on the January 1 following the
member's election or appointment.
(b) The term of each member of the initial board of trustees of a newly created local
district [
shall begin
] 
begins
:
(i) upon appointment, for an appointed member; and
(ii) upon the member taking the oath of office after the canvass of the election at which
the member is elected, for an elected member.
(c) The term of each water conservancy district board member [
appointed by
] 
whom
the governor [
as provided in
] 
appoints in accordance with
 Subsection 
17B-2a-1005
(2)(c)
[
shall
]:
(i) [
begin
] 
begins
 on the later of the following:
(A) the date on which the Senate consents to the appointment; or
(B) the expiration date of the prior term; and
(ii) [
end
] 
ends
 on the February 1 that is approximately four years after the date
described in Subsection (1)(c)(i)(A) or (B).
(d) The term of a member of a board of trustees whom an appointing authority appoints
in accordance with Subsection (5)(b) begins upon the member taking the oath of office.
(2) (a) (i) Except as provided in Subsection (8), and subject to Subsection (2)(a)(ii), the
term of each member of a board of trustees [
shall be
] 
is
 four years, except that approximately
half the members of the initial board of trustees, chosen by lot, shall serve a two-year term so
that the term of approximately half the board members expires every two years.
(ii) [
(A)
] If the terms of members of the initial board of trustees of a newly created
local district do not begin on January 1 because of application of Subsection (1)(b), the terms
of those members shall be adjusted as necessary, subject to Subsection [
(2)(a)(ii)(B)
] 
(2)(a)(iii)
,
to result in the terms of their successors complying with:
[
(I)
] 
(A)
 the requirement under Subsection (1)(a) for a term to begin on January 1
following a member's election or appointment; and
[
(II)
] 
(B)
 the requirement under Subsection (2)(a)(i) that terms be four years.
[
(B)
] 
(iii)
 An adjustment under Subsection [
(2)(a)(ii)(A)
] 
(2)(a)(ii)
 may not add more
than a year to or subtract more than a year from a member's term.
(b) Each board of trustees member shall serve until a successor is duly elected or
appointed and qualified, unless the member earlier is removed from office or resigns or
otherwise leaves office.
(c) If a member of a board of trustees no longer meets the qualifications of Subsection
17B-1-302
(1), (2), or (3), or if the member's term expires without a duly elected or appointed
successor:
(i) the member's position is considered vacant, subject to Subsection (2)(c)(ii); and
(ii) the member may continue to serve until a successor is duly elected or appointed
and qualified.
(3) (a) (i) Before entering upon the duties of office, each member of a board of trustees
shall take the oath of office specified in Utah Constitution, Article IV, Section 10.
(ii) [
An oath of office may be administered by a
] 
A
 judge, county clerk, notary public,
or the local district clerk 
may administer an oath of office
.
(b) [
Each
] 
The member of the board of trustees taking the oath of office shall file the
oath of office [
shall be filed
] with the clerk of the local district.
(c) The failure of a board of trustees member to take the oath [
required by
] 
under
Subsection (3)(a) does not invalidate any official act of that member.
(4) A board of trustees member [
is not limited in the
] 
may serve any
 number of terms
[
the member may serve
].
(5) 
(a)
 Except as provided in Subsection (6), each midterm vacancy in a board of
trustees position [
shall be filled as provided in
] 
is filled in accordance with
 Section 
20A-1-512
.
(b) When the number of members of a board of trustees increases in accordance with
Subsection 
17B-1-302
(6), the appointing authority may appoint an individual to fill a new
board of trustees position in accordance with Section 
17B-1-304
 or 
20A-1-512
.
(6) (a) For purposes of this Subsection (6):
(i) "Appointed official" means a person who:
(A) is appointed as a member of a local district board of trustees by a county or
municipality 
that is
 entitled to appoint a member to the board; and
(B) holds an elected position with the appointing county or municipality.
(ii) "Appointing entity" means the county or municipality that appointed the appointed
official to the board of trustees.
(b) The board of trustees shall declare a midterm vacancy for the board position held
by an appointed official if:
(i) during the appointed official's term on the board of trustees, the appointed official
ceases to hold the elected position with the appointing entity; and
(ii) the appointing entity submits a written request to the board to declare the vacancy.
(c) Upon the board's declaring a midterm vacancy under Subsection (6)(b), the
appointing entity shall appoint another person to fill the remaining unexpired term on the board
of trustees.
(7) (a) Each member of a board of trustees shall give a bond for the faithful
performance of the member's duties, in the amount and with the sureties [
prescribed by
] 
that
the board of trustees 
prescribes
.
(b) The local district shall pay the cost of each bond required under Subsection (7)(a).
(8) 
(a)
 The lieutenant governor may extend the term of an elected district board
member by one year in order to compensate for a change in the election year under Subsection
17B-1-306
(13).
(b) When the number of members of a board of trustees increases in accordance with
Subsection 
17B-1-302
(6), to ensure that the term of approximately half of the board members
expires every two years in accordance with Subsection (2)(a):
(i) the board shall set shorter terms for approximately half the new board members,
chosen by lot; and
(ii) the initial term of a new board member position may be less than two or four years.
(9) (a) A local district shall:
(i) post on the Utah Public Notice Website created in Section 
63F-1-701
 the name,
phone number, and email address of each member of the local district's board of trustees;
(ii) update the information described in Subsection (9)(a)(i) when:
(A) the membership of the board of trustees changes; or
(B) a member of the board of trustees' phone number or email address changes; and
(iii) post any update required under Subsection (9)(a)(ii) within 30 days after the [
day
]
date
 on which the change requiring the update occurs.
(b) This Subsection (9) applies regardless of whether the county or municipal
legislative body also serves as the board of trustees of the local district.
Section 2. Section 
17B-2a-704
 is amended to read:
17B-2a-704.
Mosquito abatement district board of trustees.
(1) (a) Notwithstanding Subsection 
17B-1-302
(4):
(i) the board of trustees of a mosquito abatement district [
shall consist
] 
consists
 of no
less than five members appointed in accordance with this section; and
(ii) subject to Subsection (1)(b), the legislative body of each municipality that is
entirely or partly included within a mosquito abatement district shall appoint one member to
the board of trustees.
(b) If 75% or more of the area of a mosquito abatement district is within the boundaries
of a single municipality:
(i) the board of trustees [
shall consist
] 
consists
 of five members; and
(ii) the legislative body of that municipality shall appoint all five members of the
board.
(2) [
The
] 
Except as provided in Subsection (1), the
 legislative body of each county in
which a mosquito abatement district is located shall appoint at least one member but no more
than three members to the district's board of trustees as follows:
(a) 
the county may appoint
 one member [
may be appointed
] if:
(i) 
(A)
 some or all of the county's unincorporated area is included within the
boundaries of the mosquito abatement district
;
 and
(B)
 Subsection (2)(b) does not apply; or
(ii) (A) the number of municipalities that are entirely or partly included within the
district is an even number less than nine; and
(B) Subsection (1)(b) does not apply; or
(b) subject to Subsection (3), 
the county may appoint
 up to and including three
members [
may be appointed
] if:
(i) more than 25% of the population of the mosquito abatement district resides outside
the boundaries of all municipalities that may appoint members to the board of trustees; and
(ii) 
a municipality appoints
 at least four members of the board of trustees [
are
appointed by a municipality
].
(3) A [
member appointed
] 
county may not appoint a member
 in accordance with
Subsection (2)(b) [
may not reside
] 
who resides
 within a municipality that may appoint a
member to the board of trustees.
(4) If the number of board members appointed by application of Subsections (1) and
(2)(a) is an even number less than nine, the legislative body of the county in which the district
is located shall appoint an additional member.
(5) Notwithstanding Subsection (2)
, and subject to Subsection (1)(b)
:
(a) if the mosquito abatement district is located entirely within one county and, in
accordance with this section, only one municipality may appoint a member of the board of
trustees, the county legislative body shall appoint at least four members to the district's board
of trustees; and
(b) if the mosquito abatement district is located entirely within one county and no
municipality may appoint a member of the board of trustees, 
the county legislative body shall
appoint
 all of the members of the board [
shall be appointed by the county legislative body
].
(6) Each board of trustees member [
shall be appointed as provided in
] 
is appointed in
accordance with
 Section 
17B-1-304
.
(7) [
Each
] 
The applicable appointing authority shall fill each
 vacancy on a mosquito
abatement district board of trustees [
shall be filled by the applicable appointing authority as
provided
] in 
accordance with
 Section 
17B-1-304
, or if the vacancy is a midterm vacancy, [
as
provided
] in 
accordance with
 Section 
20A-1-512
.
Section 3. Section 
20A-1-512
 is amended to read:
20A-1-512.
Midterm vacancies on local district boards.
(1) (a) Whenever a vacancy occurs on any local district board for any reason, 
the
following shall appoint
 a replacement to serve out the unexpired term [
shall be appointed as
provided
] in 
accordance with
 this section [
by
]:
(i) the local district board, if the person vacating the position was elected; or
(ii) the appointing authority, as 
that term is
 defined in Section 
17B-1-102
, if 
the
appointing authority appointed
 the person vacating the position [
was appointed
].
(b) Except as provided in Subsection (1)(c), before acting to fill the vacancy, the local
district board or appointing authority shall:
(i) give public notice of the vacancy at least two weeks before the local district board
or appointing authority meets to fill the vacancy[
; and
] 
by:
(A) if there is a newspaper of general circulation, as that term is defined in Section
45-1-201
, within the district, publishing the notice in the newspaper of general circulation;
(B) posting the notice in three public places within the local district; and
(C) posting on the Utah Public Notice Website created under Section 
63F-1-701
; and
(ii) identify, in the notice:
(A) the date, time, and place of the meeting where the vacancy will be filled; [
and
]
(B) the [
person
] 
individual
 to whom [
a person
] 
an individual who is
 interested in
[
being appointed
] 
an appointment
 to fill the vacancy may submit [
his
] 
the individual's
 name for
consideration
;
 and
(C)
 any 
submission
 deadline [
for submitting it
].
(c) An appointing authority is not subject to Subsection (1)(b) if
:
(i)
 the appointing authority appoints one of [
its
] 
the appointing authority's
 own
members
;
 and
(ii)
 that member meets all applicable statutory board member qualifications.
(2) If the local district board fails to appoint [
a person
] 
an individual
 to complete an
elected board member's term within 90 days, the legislative body of the county or municipality
that created the local district shall fill the vacancy [
following
] 
in accordance with
 the procedure
[
set forth
] for a local district 
described
 in Subsection (1)(b).
Legislative Review Note
Office of Legislative Research and General Counsel