Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 175 (2018GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• renames the chair of the metro township council to mayor;
• amends provisions related to the membership of a municipal services district board of trustees;
• allows a certain county or municipality to share revenue other than sales tax for a municipal services district purpose; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

METRO TOWNSHIP MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Eric K. Hutchings
LONG TITLE
General Description:
This bill amends provisions related to a metro township and a municipal services
district.
Highlighted Provisions:
This bill:
▸ renames the chair of the metro township council to mayor;
▸ amends provisions related to the membership of a municipal services district board
of trustees;
▸ allows a certain county or municipality to share revenue other than sales tax for a
municipal services district purpose; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-3b-501
, as repealed and reenacted by Laws of Utah 2015, Chapter 352
10-3b-502
, as repealed and reenacted by Laws of Utah 2015, Chapter 352
10-3b-503
, as repealed and reenacted by Laws of Utah 2015, Chapter 352
10-3b-504
, as last amended by Laws of Utah 2017, Chapter 13
17B-2a-1106
, as last amended by Laws of Utah 2016, Chapter 176
17B-2a-1109
, as enacted by Laws of Utah 2014, Chapter 405
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-3b-501
 is amended to read:
10-3b-501.
Metro township government powers vested in a five-member council.
The powers of municipal government in a metro township, as defined in Section
10-2a-403
, are vested in a council consisting of five members, one of which is the [
chair
]
mayor
.
Section 2. Section 
10-3b-502
 is amended to read:
10-3b-502.
Governance of metro townships that are not in a municipal services
district.
For a metro township in which the voters at an election held in accordance with Section
10-2a-404
 do not choose a metro township with limited municipal powers that is included in a
municipal services district:
(1) (a) the council:
(i) has the same powers, authority, and duties as a council described in Section
10-3b-403
; and
(ii) is not subject to Section 
10-3b-504
; and
(b) the [
chair
] 
mayor
:
(i) has the same powers, authority, and duties as a mayor described in Section
10-3b-402
; and
(ii) is not subject to Section 
10-3b-503
.
Section 3. Section 
10-3b-503
 is amended to read:
10-3b-503.
Mayor in a metro township included in a municipal services district.
(1) The [
chair
] 
mayor
 in a metro township that is included in a municipal services
district:
(a) is a regular and voting member of the council;
(b) is elected by the members of the council from among the council members;
(c) is the chair of the council and presides at all council meetings;
(d) exercises ceremonial functions for the municipality;
(e) may not veto any ordinance, resolution, tax levy passed, or any other action taken
by the council;
(f) represents the metro township on the board of a municipal services district; and
(g) has other powers and duties described in this section and otherwise authorized by
law except as modified by ordinance under Subsection 
10-3b-504
(2).
(2) Except as provided in Subsection (3), the [
chair
] 
mayor
 in a metro township that is
included in a municipal services district:
(a) shall:
(i) keep the peace and enforce the laws of the metro township;
(ii) ensure that all applicable statutes and metro township ordinances and resolutions
are faithfully executed and observed;
(iii) if the [
chair
] 
mayor
 remits a fine or forfeiture under Subsection (2)(b)(ii), report
the remittance to the council at the council's next meeting after the remittance;
(iv) perform all duties prescribed by statute or metro township ordinance or resolution;
(v) report to the council the condition and needs of the metro township;
(vi) report to the council any release granted under Subsection (2)(b)(iv); and
(b) may:
(i) recommend for council consideration any measure that the [
chair
] 
mayor
 considers
to be in the best interests of the municipality;
(ii) remit fines and forfeitures;
(iii) if necessary, call on residents of the municipality over the age of 21 years to assist
in enforcing the laws of the state and ordinances of the municipality;
(iv) release a person imprisoned for a violation of a municipal ordinance;
(v) with the council's advice and consent appoint a person to fill a municipal office or a
vacancy on a commission or committee of the municipality; and
(vi) at any reasonable time, examine and inspect the official books, papers, records, or
documents of:
(A) the municipality; or
(B) any officer, employee, or agency of the municipality.
(3) The powers and duties in Subsection (1) are subject to the council's authority to
limit or expand the [
chair's
] 
mayor's
 powers and duties under Subsection 
10-3b-504
(2).
(4) (a) If the [
chair
] 
mayor
 is absent, unable, or refuses to act, the council may elect a
member of the council as [
chair
] 
mayor
 pro tempore, to:
(i) preside at a council meeting; and
(ii) perform during the [
chair's
] 
mayor's
 absence, disability, or refusal to act, the duties
and functions of [
chair
] 
mayor
.
(b) In accordance with Section 
10-3c-203
, the county clerk of the county in which the
metro township is located shall enter in the minutes of the council meeting the election of a
council member as [
chair
] 
mayor
 under Subsection (1)(b) or [
chair
] 
mayor
 pro tempore under
Subsection (4)(a).
Section 4. Section 
10-3b-504
 is amended to read:
10-3b-504.
Council in a metro township that is included in a municipal services
district.
(1) The council in a metro township that is included in a municipal services district:
(a) exercises any executive or administrative power and performs or supervises the
performance of any executive or administrative power, duty, or function that has not been
given to the [
chair
] 
mayor
 under Section 
10-3b-503
 unless the council removes that power,
duty, or function from the [
chair
] 
mayor
 in accordance with Subsection (2);
(b) may:
(i) subject to Subsections (1)(c) and (2), adopt an ordinance:
(A) removing from the [
chair
] 
mayor
 any power, duty, or function of the [
chair
] 
mayor
;
and
(B) reinstating to the [
chair
] 
mayor
 any power, duty, or function previously removed
under Subsection (1)(b)(i)(A); and
(ii) adopt an ordinance delegating to the [
chair
] 
mayor
 any executive or administrative
power, duty, or function that the council has under Subsection (1)(a); and
(c) may not remove from the [
chair
] 
mayor
 or delegate:
(i) any of the [
chair's
] 
mayor's
 legislative or judicial powers or ceremonial functions;
(ii) the [
chair's
] 
mayor's
 position as chair of the council; or
(iii) any ex officio position that the [
chair
] 
mayor
 holds.
(2) Adopting an ordinance under Subsection (1)(b)(i) removing from or reinstating to
the [
chair
] 
mayor
 a power, duty, or function provided for in Section 
10-3b-503
 requires the
affirmative vote of:
(a) the [
chair
] 
mayor
 and a majority of all other council members; or
(b) all council members except the [
chair
] 
mayor
.
(3) The metro township council of a metro township that is included in a municipal
services district:
(a) shall:
(i) by ordinance, provide for the manner in which a subdivision is approved,
disapproved, or otherwise regulated;
(ii) review municipal administration and pass ordinances;
(iii) perform all duties that the law imposes on the council; and
(iv) elect one of its members to be [
chair
] 
mayor
 of the metro township and the chair of
the council;
(b) may:
(i) (A) notwithstanding Subsection (3)(c), appoint a committee of council members or
citizens to conduct an investigation into an officer, department, or agency of the municipality,
or any other matter relating to the welfare of the municipality; and
(B) delegate to an appointed committee powers of inquiry that the council considers
necessary;
(ii) make and enforce any additional rule or regulation for the government of the
council, the preservation of order, and the transaction of the council's business that the council
considers necessary; and
(iii) take any action allowed under Section 
10-8-84
 that is reasonably related to the
safety, health, morals, and welfare of the metro township inhabitants; and
(c) may not:
(i) direct or request, other than in writing, the appointment of a person to or the
removal of a person from an executive municipal office;
(ii) interfere in any way with an executive officer's performance of the officer's duties;
or
(iii) publicly or privately give orders to a subordinate of the [
chair
] 
mayor
.
(4) A member of a metro township council as described in this section may not have
any other compensated employment with the metro township.
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
] 
mayor
 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 not include
] 
may not 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.
Section 6. Section 
17B-2a-1109
 is amended to read:
17B-2a-1109.
Counties and municipalities authorized to provide funds to a
municipal services district.
(1)
 A county[
,
] or, subject to Section 
17B-2a-1108
, a municipality involved in the
establishment and operation of a municipal services district may fund the operation and
maintenance of the district through the sharing of sales tax 
and other
 revenue for district
purposes.
(2) A municipal services district may use sales tax or other revenue that the district
receives from a county or a municipality under Subsection (1) to fund expenses and activities
of a county or municipality that is part of the district.