Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 388 First Substitute (2022GS)

Sponsor

Rep. Handy, S.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies provisions related to adopting a resolution related to a local district;
• modifies the requirements for being a board member of certain local districts;
• modifies requirements related to obtaining insurance coverage for a board member of a local district;
• modifies the requirements for appointing a board member to a local district;
• modifies requirements related to a person filing to become a candidate for an elective position on a local district board;
• modifies provisions related to compensation of a board member of a local district;
• modifies provisions related to the purchasing procedures of a local district;
• modifies provisions related to the authority of a municipal services district; and
• makes technical changes.

Every vote on this bill

Bill text

LOCAL DISTRICTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill modifies provisions related to local districts.
Highlighted Provisions:
This bill:
▸ modifies provisions related to adopting a resolution related to a local district;
▸ modifies the requirements for being a board member of certain local districts;
▸ modifies requirements related to obtaining insurance coverage for a board member
of a local district;
▸ modifies the requirements for appointing a board member to a local district;
▸ modifies requirements related to a person filing to become a candidate for an
elective position on a local district board;
▸ modifies provisions related to compensation of a board member of a local district;
▸ modifies provisions related to the purchasing procedures of a local district;
▸ modifies provisions related to the authority of a municipal services district; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17B-1-212
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-1-213
, as last amended by Laws of Utah 2014, Chapter 405
17B-1-302
, as last amended by Laws of Utah 2019, Chapters 40 and 108
17B-1-303
, as last amended by Laws of Utah 2021, Chapters 84 and 345
17B-1-304
, as last amended by Laws of Utah 2021, Chapter 355
17B-1-306
, as last amended by Laws of Utah 2021, Chapters 84, 345, 355, and 415
17B-1-307
, as last amended by Laws of Utah 2017, Chapter 70
17B-1-618
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-2a-822
, as renumbered and amended by Laws of Utah 2007, Chapter 329
17B-2a-1104
, as last amended by Laws of Utah 2015, Chapter 352
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17B-1-212
 is amended to read:
17B-1-212.
Resolution indicating whether the requested service will be provided.
(1) 
(a)
 Within 60 days after the last hearing required under Section 
17B-1-210
concerning a request, the legislative body of each county whose unincorporated area includes
and the legislative body of each municipality whose boundaries include any part of the
proposed local district shall adopt a resolution indicating whether the county or municipality
will provide to the area of the proposed local district within its boundaries the service proposed
to be provided by the proposed local district.
(b) If a county or municipality adopts a resolution indicating that the county or
municipality will provide the service proposed to be provided by the proposed local district
under Subsection (1)(a), the resolution shall include a reasonable timeline for the county or
municipality to begin providing the service.
(2) If the legislative body of a county or municipality fails to adopt a resolution within
the time provided under Subsection (1), the county or municipal legislative body shall be
considered to have declined to provide the service requested 
and to have consented to the
creation of the local district
.
(3) If the county or municipality adopts a resolution under Subsection (1) indicating
that it will provide the requested service but does not, within 120 days after the adoption of that
resolution, take substantial measures to provide the requested service, the county or municipal
legislative body shall be considered to have declined to provide the requested service.
(4) Each county or municipality that adopts a resolution under Subsection (1)
indicating that it will provide the requested service
:
(a)
 shall diligently proceed to take all measures necessary to provide the service[
.
]
; and
(b) if the county or municipality fails to timely provide the requested service, the
county will be considered to have declined to provide the service and the creation of the local
district may proceed accordingly.
Section 2. Section 
17B-1-213
 is amended to read:
17B-1-213.
Protest after adoption of resolution -- Adoption of resolution
approving creation for certain districts.
(1) For purposes of this section, "adequate protests" means protests that are:
(a) filed with the county clerk, municipal clerk or recorder, or local district secretary or
clerk, as the case may be, within 60 days after the last public hearing required under Section
17B-1-210
; and
(b) signed by:
(i) the owners of private real property that:
(A) is located within the proposed local district;
(B) covers at least 25% of the total private land area within the applicable area; and
(C) is equal in value to at least 15% of the value of all private real property within the
applicable area; or
(ii) registered voters residing within the applicable area equal in number to at least 25%
of the number of votes cast in the applicable area for the office of president of the United States
at the most recent election prior to the adoption of the resolution.
(2) An owner may withdraw a protest at any time before the expiration of the 60-day
period described in Subsection (1)(a).
(3) If adequate protests are filed, the governing body that adopted a resolution under
Subsection 
17B-1-203
(1)(d) or (e):
(a) may not:
(i) hold or participate in an election under Subsection 
17B-1-214
(1) with respect to the
applicable area;
(ii) take any further action under the protested resolution to create a local district or
include the applicable area in a local district; or
(iii) for a period of two years, adopt a resolution under Subsection 
17B-1-203
(1)(d) or
(e) proposing the creation of a local district including substantially the same area as the
applicable area and providing the same service as the proposed local district in the protested
resolution; and
(b) shall, within five days after receiving adequate protests, mail or deliver written
notification of the adequate protests to the responsible body.
(4) Subsection (3)(a) may not be construed to prevent an election from being held for a
proposed local district whose boundaries do not include an applicable area that is the subject of
adequate protests.
(5) (a) If adequate protests are not filed with respect to a resolution proposing the
creation of a local district for which an election is not required under Subsection
17B-1-214
(3)(d), (e), (f), or (g), a resolution approving the creation of the local district [
may
]
shall
 be adopted by:
(i) (A) the legislative body of a county whose unincorporated area is included within
the proposed local district; and
(B) the legislative body of a municipality whose area is included within the proposed
local district; or
(ii) the board of trustees of the initiating local district.
(b) Each resolution adopted under Subsection (5)(a) shall:
(i) describe the area included in the local district;
(ii) be accompanied by a map that shows the boundaries of the local district;
(iii) describe the service to be provided by the local district;
(iv) state the name of the local district; and
(v) provide a process for the appointment of the members of the initial board of
trustees.
Section 3. Section 
17B-1-302
 is amended to read:
17B-1-302.
Board member qualifications -- Number of board members.
(1) Except as provided in Section 
17B-2a-905
, 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, or in any other type of
local district that is located solely within a county of the 
fourth,
 fifth
,
 or sixth class, that has
within the district's boundaries fewer than one residential dwelling unit per 10 acres of land, the
requirement under Subsection (1)(b) may be replaced by the requirement that the member be 
a
resident within the boundaries of the local district, or 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) and except as provided in Subsection (3)(d), 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, Subsection 
20A-1-512
(1)(a)(ii) or
Subsection
20A-1-512
(2);
(ii) fewer qualified candidates timely file to be considered for appointment to the local
district board than are necessary to fill the board;
(iii) the county legislative body appoints each of the qualified candidates who timely
filed to be considered for appointment to the board; and
(iv) 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.
(d) If it is necessary to reconstitute the board of trustees of a local district located solely
within a county of the 
fourth,
 fifth
,
 or sixth class because the term of a majority of the members
of the board has expired without new trustees having been elected or appointed as required by
law, even if sufficient qualified candidates timely file to be considered for a vacancy on the
board, the county legislative body may appoint to the local district board no more than one of
the county legislative body's own members who does not satisfy the requirements of
Subsection (1).
(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 have an odd number of
members that is no 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 4. 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), (c), (d), and (e), the term of each
member of a board of trustees 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 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 whom the governor
appoints in accordance with Subsection 
17B-2a-1005
(2)(c):
(i) 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) 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.
(e) If the member of the board of trustees fails to assume or qualify for office on
January 1 for any reason, the term begins on the date the member assumes or qualifies for
office.
(2) (a) (i) Except as provided in Subsection (8), and subject to Subsections (2)(a)(ii)
and (iii), the term of each member of a board of trustees 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) 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)(iii), to result in the
terms of their successors complying with:
(A) the requirement under Subsection (1)(a) for a term to begin on January 1 following
a member's election or appointment; and
(B) the requirement under Subsection (2)(a)(i) that terms be four years.
(iii) If the term of a member of a board of trustees does not begin on January 1 because
of the application of Subsection (1)(e), the term is shortened as necessary to result in the term
complying with the requirement under Subsection (1)(a) that the successor member's term,
regardless of whether the incumbent is the successor, begins at noon on January 1 following the
successor member's election or appointment.
(iv) An adjustment under Subsection (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) A judge, county clerk, notary public, or the local district clerk may administer an
oath of office.
(b) The member of the board of trustees taking the oath of office shall file the oath of
office with the clerk of the local district.
(c) The failure of a board of trustees member to take the oath under Subsection (3)(a)
does not invalidate any official act of that member.
(4) A board of trustees member may serve any number of terms.
(5) (a) Except as provided in Subsection (6), each midterm vacancy in a board of
trustees position 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
] 
A
 member of a board of trustees shall [
give a
] 
obtain a fidelity
 bond 
or
obtain theft or crime insurance
 for the faithful performance of the member's duties, in the
amount and with the sureties 
or with an insurance company
 that the board of trustees
prescribes.
(b) The local district
:
(i) may assist the board of trustees in obtaining a fidelity bond or obtaining theft or
crime insurance as a group or for members individually; and
(ii)
 shall pay the cost of each 
fidelity
 bond 
or insurance coverage
 required under
[
Subsection (7)(a)
] 
this Subsection (7)
.
(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
(14).
(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 of 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 
63A-16-601
 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 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 5. Section 
17B-1-304
 is amended to read:
17B-1-304.
Appointment procedures for appointed members.
(1) The appointing authority may, by resolution, appoint persons to serve as members
of a local district board by following the procedures established by this section.
(2) (a) In any calendar year when appointment of a new local district board member is
required, the appointing authority shall prepare a notice of vacancy that contains:
(i) the positions that are vacant that shall be filled by appointment;
(ii) the qualifications required to be appointed to those positions;
(iii) the procedures for appointment that the governing body will follow in making
those appointments; and
(iv) the person to be contacted and any deadlines that a person shall meet who wishes
to be considered for appointment to those positions.
(b) The appointing authority shall:
(i) post the notice of vacancy in four public places within the local district at least one
month before the deadline for accepting nominees for appointment; and
(ii) post the notice of vacancy on the Utah Public Notice Website, created in Section
63A-16-601
, for five days before the deadline for accepting nominees for appointment.
(c) The appointing authority may bill the local district for the cost of preparing,
printing, and publishing the notice.
(3) (a) [
Not sooner than two months after
] 
After
 the appointing authority is notified of
[
the
] 
a
 vacancy 
and has satisfied the requirements described in Subsection (2)
, the appointing
authority shall select a person to fill the vacancy from the applicants who meet the
qualifications established by law.
(b) The appointing authority shall:
(i) comply with Title 52, Chapter 4, Open and Public Meetings Act, in making the
appointment;
(ii) allow any interested persons to be heard; and
(iii) adopt a resolution appointing a person to the local district board.
(c) If no candidate for appointment to fill the vacancy receives a majority vote of the
appointing authority, the appointing authority shall select the appointee from the two top
candidates by lot.
(4) Persons appointed to serve as members of the local district board serve four-year
terms, but may be removed for cause at any time after a hearing by two-thirds vote of the
appointing body.
(5) (a) At the end of each board member's term, the position is considered vacant, and,
after following the appointment procedures established in this section, the appointing authority
may either reappoint the incumbent board member or appoint a new member.
(b) Notwithstanding Subsection (5)(a), a board member may continue to serve until a
successor is elected or appointed and qualified in accordance with Subsection 
17B-1-303
(2)(b).
(6) Notwithstanding any other provision of this section, if the appointing authority
appoints one of its own members and that member meets all applicable statutory board member
qualifications, the appointing authority need not comply with Subsection (2) or (3).
Section 6. Section 
17B-1-306
 is amended to read:
17B-1-306.
Local district board -- Election procedures.
(1) Except as provided in Subsection (12), each elected board member shall be selected
as provided in this section.
(2) (a) Each election of a local district board member shall be held:
(i) at the same time as the municipal general election or the regular general election, as
applicable; and
(ii) at polling places designated by the local district board in consultation with the
county clerk for each county in which the local district is located, which polling places shall
coincide with municipal general election or regular general election polling places, as
applicable, whenever feasible.
(b) The local district board, in consultation with the county clerk, may consolidate two
or more polling places to enable voters from more than one district to vote at one consolidated
polling place.
(c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
Subsection (2)(a)(ii) in an election of board members of an irrigation district shall be one
polling place per division of the district, designated by the district board.
(ii) Each polling place designated by an irrigation district board under Subsection
(2)(c)(i) shall coincide with a polling place designated by the county clerk under Subsection
(2)(a)(ii).
(3) The clerk of each local district with a board member position to be filled at the next
municipal general election or regular general election, as applicable, shall provide notice of:
(a) each elective position of the local district to be filled at the next municipal general
election or regular general election, as applicable;
(b) the constitutional and statutory qualifications for each position; and
(c) the dates and times for filing a declaration of candidacy.
(4) The clerk of the local district shall publish the notice described in Subsection (3):
(a) by posting the notice on the Utah Public Notice Website created in Section
63A-16-601
, for 10 days before the first day for filing a declaration of candidacy; [
and
]
(b) by posting the notice in at least five public places within the local district at least 10
days before the first day for filing a declaration of candidacy; and
(c) if the local district has a website, on the local district's website for 10 days before
the first day for filing a declaration of candidacy.
(5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
local district board position, an individual shall file a declaration of candidacy in person with
an official designated by the local district[
, during office hours,
] within the candidate filing
period for the applicable election year in which the election for the local district board is held[
.
]
and:
(i) during the local district's standard office hours, if the standard office hours provide
at least three consecutive office hours each day during the candidate filing period that is not a
holiday or weekend; or
(ii) if the standard office hours of a local district do not provide at least three
consecutive office hours each day, a three-hour consecutive time period each day designated by
the local district during the candidate filing period that is not a holiday or weekend.
(b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the
filing time shall be extended until the close of normal office hours on the following regular
business day.
(c) Subject to Subsection (5)(f), an individual may designate an agent to file a
declaration of candidacy with the official designated by the local district if:
(i) the individual is located outside of the state during the entire filing period;
(ii) the designated agent appears in person before the official designated by the local
district; and
(iii) the individual communicates with the official designated by the local district using
an electronic device that allows the individual and official to see and hear each other.
(d) (i) Before the filing officer may accept any declaration of candidacy from an
individual, the filing officer shall:
(A) read to the individual the constitutional and statutory qualification requirements for
the office that the individual is seeking; and
(B) require the individual to state whether the individual meets those requirements.
(ii) If the individual does not meet the qualification requirements for the office, the
filing officer may not accept the individual's declaration of candidacy.
(iii) If it appears that the individual meets the requirements of candidacy, the filing
officer shall accept the individual's declaration of candidacy.
(e) The declaration of candidacy shall be in substantially the following form:
"I, (print name) ____________, being first duly sworn, say that I reside at (Street)
____________, City of ________________, County of ________________, state of Utah, (Zip
Code) ______, (Telephone Number, if any)____________; that I meet the qualifications for the
office of board of trustees member for _______________________ (state the name of the local
district); that I am a candidate for that office to be voted upon at the next election; and that, if
filing via a designated agent, I will be out of the state of Utah during the entire candidate filing
period, and I hereby request that my name be printed upon the official ballot for that election.
(Signed) _________________________________________
Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day
of ____________, ____.
(Signed) ________________________
(Clerk or Notary Public)".
(f) An agent designated under Subsection (5)(c) may not sign the form described in
Subsection (5)(e).
(g) Each individual wishing to become a valid write-in candidate for an elective local
district board position is governed by Section 
20A-9-601
.
(h) If at least one individual does not file a declaration of candidacy as required by this
section, an individual shall be appointed to fill that board position in accordance with the
appointment provisions of Section 
20A-1-512
.
(i) If only one candidate files a declaration of candidacy and there is no write-in
candidate who complies with Section 
20A-9-601
, the board, in accordance with Section
20A-1-206
, may:
(i) consider the candidate to be elected to the position; and
(ii) cancel the election.
(6) (a) A primary election may be held if:
(i) the election is authorized by the local district board; and
(ii) the number of candidates for a particular local board position or office exceeds
twice the number of persons needed to fill that position or office.
(b) The primary election shall be conducted:
(i) on the same date as the municipal primary election or the regular primary election,
as applicable; and
(ii) according to the procedures for primary elections provided under Title 20A,
Election Code.
(7) (a) Except as provided in Subsection (7)(c), within one business day after the
deadline for filing a declaration of candidacy, the local district clerk shall certify the candidate
names to the clerk of each county in which the local district is located.
(b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
20A-6-305
, the clerk of each county in which the local district is located and the local district
clerk shall coordinate the placement of the name of each candidate for local district office in
the nonpartisan section of the ballot with the appropriate election officer.
(ii) If consolidation of the local district election ballot with the municipal general
election ballot or the regular general election ballot, as applicable, is not feasible, the local
district board of trustees, in consultation with the county clerk, shall provide for a separate
local district election ballot to be administered by poll workers at polling locations designated
under Subsection (2).
(c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
(ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district shall
prescribe the form of the ballot for each board member election.
(B) Each ballot for an election of an irrigation district board member shall be in a
nonpartisan format.
(C) The name of each candidate shall be placed on the ballot in the order specified
under Section 
20A-6-305
.
(8) (a) Each voter at an election for a board of trustees member of a local district shall:
(i) be a registered voter within the district, except for an election of:
(A) an irrigation district board of trustees member; or
(B) a basic local district board of trustees member who is elected by property owners;
and
(ii) meet the requirements to vote established by the district.
(b) Each voter may vote for as many candidates as there are offices to be filled.
(c) The candidates who receive the highest number of votes are elected.
(9) Except as otherwise provided by this section, the election of local district board
members is governed by Title 20A, Election Code.
(10) (a) Except as provided in Subsection 
17B-1-303
(8), a person elected to serve on a
local district board shall serve a four-year term, beginning at noon on the January 1 after the
person's election.
(b) A person elected shall be sworn in as soon as practical after January 1.
(11) (a) Except as provided in Subsection (11)(b), each local district shall reimburse
the county or municipality holding an election under this section for the costs of the election
attributable to that local district.
(b) Each irrigation district shall bear the district's own costs of each election the district
holds under this section.
(12) This section does not apply to an improvement district that provides electric or gas
service.
(13) Except as provided in Subsection 
20A-3a-605
(1)(b), the provisions of Title 20A,
Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
(14) (a) As used in this Subsection (14), "board" means:
(i) a local district board; or
(ii) the administrative control board of a special service district that has elected
members on the board.
(b) A board may hold elections for membership on the board at a regular general
election instead of a municipal general election if the board submits an application to the
lieutenant governor that:
(i) requests permission to hold elections for membership on the board at a regular
general election instead of a municipal general election; and
(ii) indicates that holding elections at the time of the regular general election is
beneficial, based on potential cost savings, a potential increase in voter turnout, or another
material reason.
(c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
governor may approve the application if the lieutenant governor concludes that holding the
elections at the regular general election is beneficial based on the criteria described in
Subsection (14)(b)(ii).
(d) If the lieutenant governor approves a board's application described in this section:
(i) all future elections for membership on the board shall be held at the time of the
regular general election; and
(ii) the board may not hold elections at the time of a municipal general election unless
the board receives permission from the lieutenant governor to hold all future elections for
membership on the board at a municipal general election instead of a regular general election,
under the same procedure, and by applying the same criteria, described in this Subsection (14).
(15) (a) This Subsection (15) applies to a local district if:
(i) the local district's board members are elected by the owners of real property, as
provided in Subsection 
17B-1-1402
(1)(b); and
(ii) the local district was created before January 1, 2020.
(b) The board of a local district described in Subsection (15)(a) may conduct an
election:
(i) to fill a board member position that expires at the end of the term for that board
member's position; and
(ii) notwithstanding Subsection 
20A-1-512
(1)(a)(i), to fill a vacancy in an unexpired
term of a board member.
(c) An election under Subsection (15)(b) may be conducted as determined by the local
district board, subject to Subsection (15)(d).
(d) (i) The local district board shall provide to property owners eligible to vote at the
local district election:
(A) notice of the election; and
(B) a form to nominate an eligible individual to be elected as a board member.
(ii) (A) The local district board may establish a deadline for a property owner to submit
a nomination form.
(B) A deadline under Subsection (15)(d)(ii)(A) may not be earlier than 15 days after
the board provides the notice and nomination form under Subsection (15)(d)(i).
(iii) (A) After the deadline for submitting nomination forms, the local district board
shall provide a ballot to all property owners eligible to vote at the local district election.
(B) A local district board shall allow at least five days for ballots to be returned.
(iv) A local district board shall certify the results of an election under this Subsection
(15) during an open meeting of the board.
Section 7. Section 
17B-1-307
 is amended to read:
17B-1-307.
Annual compensation -- Per diem compensation -- Participation in
group insurance plan -- Reimbursement of expenses.
(1) (a) Except as provided in Subsection 
17B-1-308
(1)(e), a member of a board of
trustees may receive compensation for service on the board, as determined by the board of
trustees.
(b) The amount of compensation under this Subsection (1) may not exceed $5,000 per
year.
(c) (i) As determined by the board of trustees, a member of the board of trustees may
participate in a group insurance plan provided to employees of the local district on the same
basis as employees of the local district.
(ii) The amount that the local district pays to provide a member with coverage under a
group insurance plan shall be included as part of the member's compensation for purposes of
Subsection (1)(b).
(d) The amount that a local district pays employer-matching employment taxes, if a
member of the board of trustees is treated as an employee for federal tax purposes, does not
constitute compensation under Subsection (1).
(2) In addition to the compensation provided under Subsection (1), the board of
trustees may elect to allow a member to receive per diem and travel expenses for up to 12
meetings or activities per year in accordance with 
rules adopted by the board of trustees or
Section 
11-55-103
.
Section 8. Section 
17B-1-618
 is amended to read:
17B-1-618.
Purchasing procedures.
All purchases or encumbrances by a local district shall be made or incurred according to
the purchasing procedures established [
by
] 
for
 each district [
by resolution
] 
by the district's
rulemaking authority, as that term is defined in Section 
63G-6a-103
,
 and only on an order or
approval of the person or persons duly authorized.
Section 9. Section 
17B-2a-822
 is amended to read:
17B-2a-822.
Multicounty district may employ or contract for law enforcement
officers -- Law enforcement officer status, powers, and jurisdiction.
(1) The board of trustees of a multicounty district may employ law enforcement
officers or contract with other law enforcement agencies to provide law enforcement services
for the district.
(2) A law enforcement officer employed or provided by contract under Subsection (1)
is a law enforcement officer under Section 
53-13-103
 and shall be subject to the provisions of
that section.
[
(3) Subject to the provisions of Section 
53-13-103
, the jurisdiction of a law
enforcement officer employed under this section is limited to transit facilities and transit
vehicles.
]
Section 10. Section 
17B-2a-1104
 is amended to read:
17B-2a-1104.
Additional municipal services district powers.
In addition to the powers conferred on a municipal services district under Section
17B-1-103
, a municipal services district may:
(1) notwithstanding Subsection 
17B-1-202
(3), provide no more than six municipal
services; [
and
]
(2) assist a municipality or a county located within a municipal services district by
providing staffing and administrative services, including:
(a) human resources staffing and services;
(b) finance and budgeting staffing and services; and
(c) information technology staffing and services; and
[
(2)
] 
(3)
 issue bonds as provided in and subject to Chapter 1, Part 11, Local District
Bonds, to carry out the purposes of the district.