Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 64 (2025GS)

Sponsor

Rep. Dunnigan, James A.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• replaces requirements for bonds that a public official or employee is required to post in relation to the performance of duties with a requirement to obtain crime insurance;
• removes provisions relating to bonds that do not apply when replaced with crime insurance;
• removes provisions that make it difficult or impossible to obtain crime insurance;
• modifies, in certain circumstances, the scope of the coverage that relates to a bond that will be replaced with crime insurance;
• establishes requirements relating to crime insurance;
• addresses liability relating to certain public officials;
• addresses the setting of rates and record keeping for crime insurance;
• addresses the failure to obtain crime insurance;
• repeals certain provisions relating to actions on bonds; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

58
4-21-107
4-22-108
10-3-831
10-8-78
11-68-601
17-16-4
17-16-11
17-53-103
17-53-227
17-53-307
17B-1-301
17B-1-303
17B-2a-1005
51-7-15
52-1-1
52-1-2
52-1-3
52-1-4
52-1-5
52-1-6
52-1-7
52-1-8
52-1-9
52-1-10
52-1-11
52-1-12
52-1-13
52-2-1
59-2-314
59-2-315
63G-7-805
63H-7a-603
67-4-10
67-4-11
67-9-1
67-9-2
78B-2-310
1
Public Official Bonding Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: James A. Dunnigan
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill amends provisions relating to bonds required for public officials and employees to 
protect against malfeasance or misfeasance in office and replaces the requirement to post a 
bond with a requirement to obtain crime insurance. 
Highlighted Provisions:
This bill:
replaces requirements for bonds that a public official or employee is required to post in 
relation to the performance of duties with a requirement to obtain crime insurance;
removes provisions relating to bonds that do not apply when replaced with crime 
insurance;
removes provisions that make it difficult or impossible to obtain crime insurance;
modifies, in certain circumstances, the scope of the coverage that relates to a bond that 
will be replaced with crime insurance;
establishes requirements relating to crime insurance;
addresses liability relating to certain public officials;
addresses the setting of rates and record keeping for crime insurance;
addresses the failure to obtain crime insurance;
repeals certain provisions relating to actions on bonds; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-21-107
, as enacted by Laws of Utah 2018, Chapter 393
4-22-108
, as renumbered and amended by Laws of Utah 2017, Chapter 345
10-3-831
, as enacted by Laws of Utah 2019, Chapter 318
10-8-78
, as last amended by Laws of Utah 2024, Chapter 365
11-68-601
, as renumbered and amended by Laws of Utah 2023, Chapter 502
17-16-4
, as last amended by Laws of Utah 2011, Chapter 297
17-16-11
, as last amended by Laws of Utah 2007, Chapter 268
17-53-103
, as renumbered and amended by Laws of Utah 2000, Chapter 133
17-53-307
, as last amended by Laws of Utah 2011, Chapter 140
17B-1-301
, as last amended by Laws of Utah 2023, Chapter 15
17B-1-303
, as last amended by Laws of Utah 2024, Chapters 388, 465
17B-2a-1005
, as last amended by Laws of Utah 2024, Chapter 529
51-7-15
, as last amended by Laws of Utah 2019, Chapter 56
52-1-1
, as last amended by Laws of Utah 2024, Chapter 438
52-1-2
, as repealed and reenacted by Laws of Utah 2011, Chapter 336
52-1-3
, Utah Code Annotated 1953
52-1-4
, Utah Code Annotated 1953
52-1-5
, Utah Code Annotated 1953
52-1-6
, Utah Code Annotated 1953
52-1-10
, Utah Code Annotated 1953
52-2-1
, as last amended by Laws of Utah 2011, Chapter 336
59-2-314
, as last amended by Laws of Utah 1993, Chapter 227
59-2-315
, as last amended by Laws of Utah 1993, Chapter 227
63G-7-805
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63H-7a-603
, as last amended by Laws of Utah 2017, Chapter 430
67-4-10
, as last amended by Laws of Utah 1998, Chapter 14
67-4-11
, as last amended by Laws of Utah 2011, Chapter 342
67-9-1
, as last amended by Laws of Utah 1984, Chapter 68
67-9-2
, as last amended by Laws of Utah 2024, Chapter 365
78B-2-310
, as renumbered and amended by Laws of Utah 2008, Chapter 3
REPEALS AND REENACTS:
17-53-227
, as renumbered and amended by Laws of Utah 2000, Chapter 133
52-1-13
, as last amended by Laws of Utah 2013, Chapter 121
REPEALS:
52-1-7
, Utah Code Annotated 1953
52-1-8
, as last amended by Laws of Utah 2024, Chapter 365
52-1-9
, Utah Code Annotated 1953
52-1-11
, as last amended by Laws of Utah 2024, Chapter 365
52-1-12
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-21-107
 is amended to read:
4-21-107
. Council may require crime insurance -- Payment of premium.
(1)
The council may require the administrator or a council employee to 
post a surety bond 
conditioned for the faithful performance of the council's official
obtain crime insurance 
in relation to the administrator's or employee's
 duties.
(2)
The amount and type of bond shall be fixed by the council and each bond premium 
shall be paid by the council.
(2)
The council shall set the amount of crime insurance required and pay the premium.
Section 2, Section 
4-22-108
 is amended to read:
4-22-108
. Commission may require crime insurance -- Payment of premium.
(1)
The commission may require the administrator
, or any commission employees, to 
post a surety bond conditioned for the faithful performance of the commission's official 
duties. The amount, form, and kind of such a bond shall be fixed by the commission and 
each bond premium shall be paid by the commission.
 or a commission employee to 
obtain crime insurance in relation to the administrator's or employee's duties.
(2)
The commission shall set the amount of crime insurance required and pay the premium.
Section 3, Section 
10-3-831
 is amended to read:
10-3-831
. Crime insurance.
(1)
As used in this section, "municipal officer" means:
(a)
the mayor;
(b)
each member of the municipal legislative body;
(c)
the municipal treasurer; and
(d)
anyone for whom the municipal legislative body determines a general fidelity or 
public employee blanket bond or theft or crime insurance should be acquired.
(d)
an individual whom the municipal legislative body requires to obtain crime insurance.
(2)
(a)
(i)
Except as provided in Subsection 
(2)(b)
, the legislative body of each 
municipality shall prescribe the amount of a general fidelity bond or theft or crime 
insurance to be acquired for the municipal officer.
(ii)
If, under Subsection 
(2)(a)(i)
, a municipality has prescribed the amount of the 
general fidelity bond required, then theft or crime insurance in an amount that is 
not less than the bond satisfies the requirement described in Subsection 
(2)(a)(i)
.
(2)
(a)
Except as provided in Subsection 
(2)(c)
, the legislative body of each municipality 
shall set the amount of crime insurance required for each municipal officer.
(iii)
(b)
Before a municipal officer may discharge the duties of the officer's office, the 
municipality shall have in place 
a bond or theft or
 crime insurance covering the 
municipal officer in the 
amounts
amount set by
 the municipality
 prescribes
.
(b)
(c)
Before 
the 
a 
municipal treasurer may discharge the duties of the treasurer's 
office, the municipality shall have in place 
a bond or theft or 
crime insurance 
covering the treasurer in an amount not less than the amount 
set by 
the State Money 
Management Council, created in Section 
51-7-16
, prescribes
.
(c)
(d)
A municipal legislative body may acquire 
a fidelity bond or theft or 
crime 
insurance on all municipal officers and the municipal treasurer as a group rather than 
individually.
(3)
The municipal legislative body shall pay the 
cost of each fidelity bond and theft or
premium of a
 crime insurance policy 
described in this section 
from municipal funds.
(4)
The municipal recorder shall 
file and 
maintain 
each fidelity bond
proof of crime 
insurance
 acquired under this section.
Section 4, Section 
10-8-78
 is amended to read:
10-8-78
. Crime insurance and reports.
They
The governing body of a city
 may require all municipal officers and agents, 
elected or appointed, to
 give bond and security for the faithful performance of their duties,
:
(1)
obtain crime insurance in relation to the performance of the officers' or agents' duties; 
and 
(2)
require from every officer of the city at any time a report in detail of all transactions in 
the 
officer of the city's
officer's
 office or any matters connected 
therewith
with the 
officer's office
.
Section 5, Section 
11-68-601
 is amended to read:
11-68-601
. Financial reports -- Audit -- Crime insurance.
(1)
(a)
The authority shall, following the close of each fiscal year, submit an annual 
report of the authority's activities for the preceding year to the governor and the 
Legislature.
(b)
The report shall contain:
(i)
a complete operating report detailing the authority's activities; and
(ii)
financial statements of the authority audited by a certified public accountant 
according to generally accepted auditing standards.
(2)
(a)
At least once a year, the state auditor shall:
(i)
audit the books and accounts of the authority; or
(ii)
contract with a nationally recognized independent certified public accountant to 
conduct the audit and review the audit report when the audit is completed.
(b)
The authority shall reimburse the state auditor for the costs of the audit.
(c)
If the audit is conducted by an independent auditor, the independent auditor shall 
submit a copy of the audit to the state auditor for review within 90 days after the end 
of the fiscal year covered by the audit.
(3)
(a)
The authority shall maintain 
a surety bond in the penal sum
crime insurance 
coverage
 of $25,000 for each member of the board.
(b)
The authority shall maintain 
a surety bond in the penal sum
crime insurance 
coverage
 of $50,000 for the executive director.
(c)
The authority shall ensure that 
each surety bond
the crime insurance coverage 
described in this section
 is:
(i)
conditioned upon the faithful
related to the
 performance of the duties of office to 
which the 
surety bond attaches
crime insurance relates
;
(ii)
issued by 
a surety
an insurance
 company authorized to transact business in the 
state as 
a surety
an insurer
; and
(iii)
filed
recorded by filing proof of the insurance
 in the office of the State 
Treasurer.
(d)
The authority shall pay the 
cost of the surety bonds
crime insurance premiums
.
Section 6, Section 
17-16-4
 is amended to read:
17-16-4
. Election of officer to consolidated office.
When offices are united and consolidated:
(1)
only one person shall be elected to fill the united and consolidated offices; and
(2)
the person elected shall:
(a)
take the oath and 
give the bond
obtain the crime insurance
 required for each of the 
offices; and
(b)
discharge all the duties 
pertaining to 
of 
each of the offices.
Section 7, Section 
17-16-11
 is amended to read:
17-16-11
. Crime insurance.
(1)
As used in this section, "county officials" means:
(a)
the members of the county legislative body;
(b)
the county executive;
(c)
the county clerk;
(d)
the county auditor;
(e)
the county sheriff;
(f)
the county attorney;
(g)
in a county that is within a prosecution district, the district attorney;
(h)
the county recorder;
(i)
the county assessor;
(j)
the county surveyor;
(k)
each justice court judge and constable within the county;
(l)
the county treasurer; and
(m)
each deputy or assistant of those listed in Subsections 
(1)(a)
 through 
(l)
 for whom 
the county legislative body determines a general fidelity bond or theft or crime 
insurance should be acquired.
(m)
a deputy or assistant of an individual described in Subsections 
(1)(a)
 through (l) 
whom the county legislative body requires to obtain crime insurance.
(2)
(a)
The legislative body of each county shall prescribe the amount of each general 
fidelity bond or of theft or crime insurance to be acquired for county officials, except 
the county treasurer, before the county officials, except the county treasurer, may 
discharge the duties of their respective offices.
(b)
The State Money Management Council created in Section 
51-7-16
 shall prescribe 
the amount of a general fidelity bond or theft or crime insurance to be acquired for 
the county treasurer before the county treasurer may discharge the duties of that 
office.
(c)
A county legislative body may acquire a fidelity bond or theft or crime insurance on 
all county officials as a group rather than individually.
(3)
(a)
The county legislative body shall approve the premium for each fidelity bond 
before the bond may be filed.
(b)
The cost of each fidelity bond and theft or crime insurance policy shall be paid from 
county funds.
(4)
Each fidelity bond shall be filed and maintained in the office of the county clerk.
(2)
(a)
Except as provided in Subsection (2)(b):
(i)
the legislative body of each county shall set the amount of crime insurance to be 
acquired for county officials; and
(ii)
a county official may not discharge the duties of the county official's office before 
obtaining the crime insurance described in Subsection (2)(a)(i).
(b)
The State Money Management Council created in Section 
51-7-16
 shall set the 
amount of crime insurance required for the county treasurer.
(c)
The county treasurer may not discharge the duties of the county treasurer's office 
before obtaining the crime insurance described in Subsection (2)(b).
(3)
A county legislative body may acquire crime insurance on all county officials as a group 
rather than individually.
(4)
The cost of a crime insurance policy shall be paid from county funds.
(5)
The county clerk shall maintain proof of the crime insurance described in this section.
(5)
(6)
(a)
The district attorney of each multicounty prosecution district shall:
(i)
execute a fidelity bond or acquire theft or 
obtain 
crime insurance in the amount 
specified in the interlocal agreement that created the prosecution district; and
(ii)
file 
each fidelity bond
proof of the crime insurance policy
 with the county clerk 
as specified in the interlocal agreement.
(b)
The cost of 
each fidelity bond or theft or
a
 crime insurance policy 
under Subsection 
(5)(a)
described in Subsection (6)(a)
 shall be paid as specified in the interlocal 
agreement that created the prosecution district.
Section 8, Section 
17-53-103
 is amended to read:
17-53-103
. Unauthorized payment or warrant -- Investigation by another county 
attorney -- Action to enjoin or recover payment.
(1)
(a)
If a county officer, without authority of law, orders any money paid for any 
purpose, or if any other county officer draws a warrant in the officer's own favor or in 
favor of any other person without being authorized 
to do so 
by the county 
legislative body or by law, the county attorney of that county shall request a county 
attorney from another county to investigate whether an unauthorized payment has 
been ordered or an unauthorized warrant drawn.
(b)
If the county attorney requests a county attorney from another county to investigate 
under Subsection 
(1)(a)
, the county attorney shall deputize the investigating county 
attorney.
(2)
If an investigating county attorney determines that an unauthorized payment has been 
ordered or that an unauthorized warrant has been drawn, that county attorney may 
commence and prosecute an action in the name of the county:
(a)
if the payment has not been made or the warrant paid, to enjoin the payment of the 
unauthorized payment or of the unauthorized warrant; or
(b)
if the payment has been made or the warrant paid
, to recover from the payee or the 
county officer and the officer's official bondsman the amount paid
:
(i)
to the extent possible, to recover the amount from the payee or the county officer; 
or
(ii)
to the extent applicable, to recover the amount in accordance with the applicable 
crime insurance policy
.
(3)
An order of the county legislative body is not necessary in order to maintain an action 
under Subsection 
(2)
.
Section 9, Section 
17-53-227
 is repealed and re-enacted to read:
17-53-227
. Crime insurance for breach of duty by county legislative body 
member.
A county legislative body shall:
(1)
obtain, and pay the premiums for, crime insurance on the members of the county 
legislative body in relation to the performance of the member's duties; and
(2)
set the amount of coverage required for the crime insurance described in Subsection 
(1)
.
Section 10, Section 
17-53-307
 is amended to read:
17-53-307
. County purchasing agent -- Appointment -- Oath -- Crime insurance 
-- Supervision -- Duties.
(1)
The county executive, with the advice and consent of the county legislative body, in 
each county having a taxable value in excess of $500,000,000 may appoint a county 
purchasing agent.
(2)
(a)
The 
purchasing 
agent shall qualify by taking, subscribing, and filing the 
constitutional oath
 and giving bond to the county in a sum fixed by the county 
legislative body
.
(b)
The county shall obtain crime insurance:
(i)
in an amount set by the county legislative body, in relation to the duties of the 
purchasing agent; and
(ii)
before the purchasing agent begins fulfilling the duties of the purchasing agent.
(3)
(a)
The county purchasing agent shall, under the direction and supervision of the 
county executive and except as provided in Subsection 
(3)(b)
:
(i)
negotiate for the purchase of or contract for all supplies and materials required by 
the county;
(ii)
submit all contracts and purchases negotiated by the purchasing agent under 
Subsection 
(3)(a)(i)
 to the county executive for approval and ratification;
 and
(iii)
keep an accurate and complete record of all purchases and a detailed disposition 
of 
them and,
the purchases; and
(iv)
when required by the county legislative body, make a complete and detailed 
report to 
it
the county legislative body
 of business transacted.
(b)
Subject to Subsection 
(3)(c)
, the county executive may structure the county 
purchasing agent's office so that:
(i)
the county purchasing agent's office is physically located within the county 
auditor's office; and
(ii)
the county purchasing agent receives direction and supervision from the county 
auditor.
(c)
The county executive:
(i)
may not structure the county purchasing agent's office as described in Subsection 
(3)(b)
 unless:
(A)
the county executive receives the advice and consent of the county council; 
and
(B)
the county executive and county auditor agree, in writing, to the proposed 
structure, including the level of direction and supervision of the county 
purchasing agent retained by the county executive; and
(ii)
shall maintain the level of direction and supervision over the county purchasing 
agent as agreed upon with the county auditor.
(4)
The county executive may exclude from the purchasing agent's responsibility a county 
clerk's duties concerning elections or a sheriff's duties under Section 
17-22-8
.
Section 11, Section 
17B-1-301
 is amended to read:
17B-1-301
. Board of trustees duties and powers.
(1)
(a)
Each special district shall be governed by a board of trustees 
which 
that 
shall
:
(i)
manage and conduct the business and affairs of the district
;
 and
 shall 
(ii)
determine all questions of district policy.
(b)
All powers of a special district are exercised through the board of trustees.
(2)
The board of trustees may:
(a)
fix the location of the special district's principal place of business and the location of 
all offices and departments, if any;
(b)
fix the times of meetings of the board of trustees;
(c)
select and use an official district seal;
(d)
subject to Subsections 
(3)
 and 
(4)
, employ employees and agents, or delegate to 
district officers power to employ employees and agents, for the operation of the 
special district and 
its
the special district's
 properties and prescribe or delegate to 
district officers the power to prescribe the duties, compensation, and terms and 
conditions of employment of those employees and agents;
(e)
require 
crime insurance for 
district officers and employees charged with the handling 
of district funds
 to provide surety bonds
 in an amount set by the board
 or provide a 
blanket surety bond to cover officers and employees
;
(f)
contract for or employ professionals to perform work or services for the special 
district that cannot satisfactorily be performed by the officers or employees of the 
district;
(g)
through counsel, prosecute on behalf of or defend the special district in all court 
actions or other proceedings in which the district is a party or is otherwise involved;
(h)
adopt bylaws for the orderly functioning of the board;
(i)
adopt and enforce rules and regulations for the orderly operation of the special district 
or for carrying out the district's purposes;
(j)
prescribe a system of civil service for district employees;
(k)
on behalf of the special district, enter into contracts that the board considers to be for 
the benefit of the district;
(l)
acquire, construct or cause to be constructed, operate, occupy, control, and use 
buildings, works, or other facilities for carrying out the purposes of the special 
district;
(m)
on behalf of the special district, acquire, use, hold, manage, occupy, and possess 
property necessary to carry out the purposes of the district, dispose of property when 
the board considers it appropriate, and institute and maintain in the name of the 
district any action or proceeding to enforce, maintain, protect, or preserve rights or 
privileges associated with district property;
(n)
delegate to a district officer the exercise of a district duty; and
(o)
exercise all powers and perform all functions in the operation of the special district 
and 
its
the special district's
 properties as are ordinarily exercised by the governing 
body of a political subdivision of the state and as are necessary to accomplish the 
purposes of the district.
(3)
(a)
As used in this Subsection 
(3)
, "interim vacancy period" means:
(i)
if any member of the special district board is elected, the period of time that:
(A)
begins on the day on which an election is held to elect a special district board 
member; and
(B)
ends on the day on which the special district board member-elect begins the 
member's term; or
(ii)
if any member of the special district board is appointed, the period of time that:
(A)
begins on the day on which an appointing authority posts a notice of vacancy 
in accordance with Section 
17B-1-304
; and
(B)
ends on the day on which the 
person 
individual 
who is appointed by the 
special district board to fill the vacancy begins the 
person's 
individual's 
term.
(b)
(i)
The special district may not hire during an interim vacancy period a manager, a 
chief executive officer, a chief administrative officer, an executive director, or a 
similar position to perform executive and administrative duties or functions.
(ii)
Notwithstanding Subsection 
(3)(b)(i)
:
(A)
the special district may hire an interim manager, a chief executive officer, a 
chief administrative officer, an executive director, or a similar position during 
an interim vacancy period; and
(B)
the interim manager's, chief executive officer's, chief administrative officer's, 
or similar position's employment shall terminate once a new manager, chief 
executive officer, chief administrative officer, or similar position is hired by 
the new special district board after the interim vacancy period has ended.
(c)
Subsection 
(3)(b)
 does not apply if:
(i)
all the elected special district board members who held office on the day of the 
election for the special district board members, whose term of office was vacant 
for the election are re-elected to the special district board; and
(ii)
all the appointed special district board members who were appointed whose term 
of appointment was expiring are re-appointed to the special district board.
(4)
A special district board that hires an interim manager, a chief executive officer, a chief 
administrative officer, an executive director, or a similar position in accordance with this 
section may not
, on or after May 10, 2011,
 enter into an employment contract that 
contains an automatic renewal provision with the interim manager, chief executive 
officer, chief administrative officer, executive director, or similar position.
Section 12, Section 
17B-1-303
 is amended to read:
17B-1-303
. Term of board of trustees members -- Oath of office -- Crime 
insurance -- 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 special 
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:
(A)
approximately half the members of the initial board of trustees of an 
infrastructure financing district, as designated in the governing document, shall 
serve a six-year term so that the term of approximately half the board members 
expires every two years; and
(B)
for any other special district, 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 special 
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), (3), (4), (5), (6), or (7), 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 special 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 special 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
(10), 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)
As used in this Subsection (6):
(i)
"Appointed official" means a person who:
(A)
is appointed as a member of a special 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)
A member of a board of trustees shall obtain 
a fidelity bond or obtain theft or 
crime insurance 
for the faithful
in relation to
 performance of the member's duties, in 
the amount 
and with the sureties or with an insurance company that
set by
 the board 
of trustees
 prescribes
.
(b)
The special 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
the premium for the
 insurance 
coverage required under this Subsection (7).
(8)
(a)
In order to compensate for a change in the election year under Subsection 
17B-1-306
(14), the lieutenant governor may:
(i)
extend the term of an elected district board member by one year; or
(ii)
subject to Subsection 
17B-1-306
(14)(b)(iii), and in accordance with Subsection 
(2)(a), shorten the term of an elected district board member by one year, if 
necessary, to ensure that the term of approximately half of the board members 
expires every two years.
(b)
When the number of members of a board of trustees increases in accordance with 
Subsection 
17B-1-302
(10), 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 special 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 special 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 special district.
Section 13, Section 
17B-2a-1005
 is amended to read:
17B-2a-1005
. Water conservancy district board of trustees -- Selection of 
members -- Number -- Qualifications -- Terms -- Vacancies -- Crime insurance -- 
Authority.
(1)
Members of the board of trustees for a water conservancy district shall be:
(a)
elected in accordance with:
(i)
the petition or resolution that initiated the process of creating the water 
conservancy district; and
(ii)
Section 
17B-1-306
;
(b)
appointed in accordance with Subsection (2); or
(c)
elected under Subsection (4)(a).
(2)
(a)
If the members of the board of trustees are appointed, within 45 days after the day 
on which a water conservancy district is created as provided in Section 
17B-1-215
, 
the board of trustees shall be appointed as provided in this Subsection (2).
(b)
For a district located entirely within the boundaries of a single county, the county 
legislative body of that county shall appoint each trustee.
(c)
(i)
For a district located in more than a single county, the governor, with the advice 
and consent of the Senate, shall appoint each trustee from nominees submitted as 
provided in this Subsection (2)(c).
(ii)
(A)
Except as provided in Subsection (2)(c)(ii)(B), in a division composed 
solely of municipalities, the legislative body of each municipality within the 
division shall submit two nominees per trustee.
(B)
The legislative body of a municipality may submit fewer than two nominees 
per trustee if the legislative body certifies in writing to the governor that the 
legislative body is unable, after reasonably diligent effort, to identify two 
nominees who are willing and qualified to serve as trustee.
(iii)
(A)
Except as provided in Subsection (2)(c)(iii)(B), in all other divisions, the 
county legislative body of the county in which the division is located shall 
submit three nominees per trustee.
(B)
The county legislative body may submit fewer than three nominees per trustee 
if the county legislative body certifies in writing to the governor that the county 
legislative body is unable, after reasonably diligent effort, to identify three 
nominees who are willing and qualified to serve as trustee.
(iv)
If a trustee represents a division located in more than one county, the county 
legislative bodies of those counties shall collectively compile the list of three 
nominees.
(v)
For purposes of this Subsection (2)(c), a municipality that is located in more than 
one county shall be considered to be located in only the county in which more of 
the municipal area is located than in any other county.
(d)
In districts where substantial water is allocated for irrigated agriculture, one trustee 
appointed in that district shall be a person who owns irrigation rights and uses those 
rights as part of that person's livelihood.
(3)
(a)
The board shall give written notice of the upcoming vacancy in an appointed 
trustee's term and the date when the trustee's term expires to the county legislative 
body in single county districts and to the nominating entities and the governor in all 
other districts:
(i)
if the upcoming vacancy is in a single county district, at least 90 days before the 
expiration of the trustee's term; and
(ii)
for all other districts, on or before October 1 before the expiration of the 
appointed trustee's term.
(b)
(i)
Upon receipt of the notice of the expiration of an appointed trustee's term or 
notice of a vacancy in the office of an appointed trustee, the county or municipal 
legislative body, as the case may be, shall nominate candidates to fill the 
unexpired term of office pursuant to Subsection (2).
(ii)
If a trustee is to be appointed by the governor and the entity charged with 
nominating candidates has not submitted the list of nominees within 90 days after 
service of the notice, the governor shall, with the advice and consent of the 
Senate, make the appointment from qualified candidates without consultation with 
the county or municipal legislative body.
(iii)
If the governor fails to appoint, the incumbent shall continue to serve until a 
successor is appointed and qualified.
(iv)
Appointment by the governor vests in the appointee, upon qualification, the 
authority to discharge the duties of trustee, subject only to the advice and consent 
of the Senate.
(c)
Each trustee shall hold office during the term for which appointed and until a 
successor is duly appointed and has qualified.
(4)
(a)
Members of the board of trustees of a water conservancy district shall be elected, 
if, subject to Subsection (4)(b):
(i)
two-thirds of all members of the board of trustees of the water conservancy district 
vote in favor of changing to an elected board; and
(ii)
the legislative body of each municipality or county 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 (4)(a) may not shorten the 
term of any member of the board of trustees serving at the time of the change.
(5)
The board of trustees of a water conservancy district shall consist of:
(a)
except as provided in Subsection (5)(b), not more than 11 persons who are residents 
of the district; or
(b)
if the district consists of five or more counties, not more than 21 persons who are 
residents of the district.
(6)
If an elected trustee's office is vacated, the vacated office shall be filled in accordance 
with Section 
17B-1-303
.
(7)
Each trustee shall 
furnish a corporate surety bond
obtain crime insurance
 at the 
expense of the district, conditioned for the faithful performance of duties as a trustee.
(8)
(a)
The board of trustees of a water conservancy district may:
(i)
make and enforce all reasonable rules and regulations for the management, 
control, delivery, use, and distribution of water;
(ii)
withhold the delivery of water with respect to which there is a default or 
delinquency of payment;
(iii)
provide for and declare a forfeiture of the right to the use of water upon the 
default or failure to comply with an order, contract, or agreement for the purchase, 
lease, or use of water, and resell, lease, or otherwise dispose of water with respect 
to which a forfeiture has been declared;
(iv)
allocate and reallocate the use of water to lands within the district;
(v)
provide for and grant the right, upon terms, to transfer water from lands to which 
water has been allocated to other lands within the district;
(vi)
create a lien, as provided in this part, upon land to which the use of water is 
transferred;
(vii)
discharge a lien from land to which a lien has attached; and
(viii)
subject to Subsection (8)(b), enter into a written contract for the sale, lease, or 
other disposition of the use of water.
(b)
(i)
A contract under Subsection (8)(a)(viii) may provide for the use of water 
perpetually or for a specified term.
(ii)
(A)
If a contract under Subsection (8)(a)(viii) makes water available to the 
purchasing party without regard to actual taking or use, the board may require 
that the purchasing party give security for the payment to be made under the 
contract, unless the contract requires the purchasing party to pay for certain 
specified annual minimums.
(B)
The security requirement under Subsection (8)(b)(ii)(A) in a contract with a 
public entity may be met by including in the contract a provision for the public 
entity's levy of a special assessment to make annual payments to the district.
Section 14, Section 
51-7-15
 is amended to read:
51-7-15
. Crime insurance for state treasurer and other public treasurers -- 
Reports to council.
(1)
(a)
The state treasurer, county, city, and town treasurers, the clerk or treasurer of each 
school district, and other public treasurers that the council designates by rule shall 
be 
bonded or may procure crime or theft
obtain crime
 insurance as described in Section 
17-16-11
 in an amount of not less than that established by the council.
(b)
The council shall base the minimum 
bond amount or crime or theft
crime
 insurance 
coverage amount 
as described in Section 
17-16-11
 on the amount of public funds 
normally in the treasurer's possession or control.
(2)
(a)
When a public treasurer deposits or invests public funds as authorized by this 
chapter, the public treasurer and the public treasurer's bondsmen or insurers are not 
liable for any loss of public funds invested or deposited unless the loss is caused by 
the malfeasance of the public treasurer or a member of the public treasurer's staff.
(b)
A public treasurer and the public treasurer's bondsmen or insurers are liable for a 
loss for any reason from deposits or investments not made in conformity with this 
chapter and the rules of the council.
(3)
(2)
(a)
A public treasurer shall file a written report with the council on or before 
January 31 and July 31 of each year.
(b)
The report shall contain:
(i)
the information about the deposits and investments of that public treasurer during 
the preceding six months ending December 31 and June 30, respectively, that the 
council requires by rule; and
(ii)
information detailing the nature and extent of interest rate contracts permitted by 
Subsection 
51-7-17(3)
.
(c)
A public treasurer shall make copies of the report available to the public at the public 
treasurer's office during normal business hours.
Section 15, Section 
52-1-1
 is amended to read:
52-1-1
. Crime insurance to run to state, county, municipality, or other agency.
If a public officer is required to 
give a bond
obtain crime insurance
 but the requirement 
does not 
prescribe to whom the bond is to be made, the bond shall be made to
specify the 
beneficiary of the insurance policy, the policy shall specify the beneficiary as
:
(1)
the state, if the public officer is a state officer;
(2)
the county, if the public officer is a county, precinct, or district officer;
(3)
the city or town, if the public officer is a municipal officer; or
(4)
the board of education, if the public officer is a school officer.
Section 16, Section 
52-1-2
 is amended to read:
52-1-2
. Crime insurance in favor of state -- Approval and recording -- Filing of 
oaths.
(1)
Unless otherwise provided in statute, if a state officer or an official of a state institution 
is required to 
give an official bond to
obtain crime insurance in favor of
 the state, the 
state officer or executive director of the state institution shall:
(a)
ensure that the 
bond is provided
crime insurance policy is obtained
 as required by 
statute; and
(b)
keep 
the bond
proof of insurance
 on file at the administrative office of the:
(i)
state officer or the state institution; or
(ii)
Division of Risk Management.
(2)
A state official shall file the state official's oath of office with the Division of Archives 
and Records Service created under Section 
63A-12-101
.
Section 17, Section 
52-1-3
 is amended to read:
52-1-3
. County, precinct, and district officers -- Where filed.
Official oaths and 
bonds of
proof of crime insurance relating to
 county, precinct and 
district officers shall be filed with the county clerk, except those of the county clerk which 
shall be filed with the county treasurer.
Section 18, Section 
52-1-4
 is amended to read:
52-1-4
. City officers -- Where filed.
Official oaths and 
bonds of 
proof of crime insurance relating to 
city officers shall be 
filed with the city recorder, except those of the city recorder which shall be filed with the city 
treasurer.
Section 19, Section 
52-1-5
 is amended to read:
52-1-5
. Town officers -- Where filed.
Official oaths and 
bonds of
proof of crime insurance relating to
 town officers shall be 
filed with the town clerk, except those of the town clerk which shall be filed with the town 
treasurer.
Section 20, Section 
52-1-6
 is amended to read:
52-1-6
. School district officers -- Where filed.
Official oaths and 
bonds of
proof of crime insurance relating to
 school district officers 
shall be filed with the clerk of the board of education, except those of the clerk which shall be 
filed with the treasurer of the board of education.
Section 21, Section 
52-1-10
 is amended to read:
52-1-10
. Duties imposed by subsequent laws to be covered by crime insurance.
The bonds
To the extent possible, crime insurance
 of all civil officers shall 
also 
cover 
duties required by laws passed subsequent to 
giving them. No bond shall be void for failure to 
comply with the law as to matters of form, but it shall be valid as to all matters contained 
therein, if it complies substantially with the law
taking office
.
Section 22, Section 
52-1-13
 is repealed and re-enacted to read:
52-1-13
. Crime insurance as substitute for surety bond -- Requirements -- 
Failure to obtain and maintain crime insurance.
(1)
In all cases where a bond is required of a public officer in this state to ensure against 
malfeasance or misfeasance in office, crime insurance shall instead be obtained.
(2)
Crime insurance and the amount of coverage required is subject to approval as provided 
by law.
(3)
The several boards, courts, or officers authorized by law to approve crime insurance 
may require review and update of the insurance annually.
(4)
Intentional failure to obtain and maintain required crime insurance is malfeasance in 
office and may subject the officeholder to proceedings for removal from office.
Section 23, Section 
52-2-1
 is amended to read:
52-2-1
. Time in which to qualify -- Failure -- Office declared vacant.
(1)
When 
any person duly
an individual
 elected or appointed to any office of the state or 
any of 
its
the state's
 political subdivisions, fails to qualify for the office within 60 days 
after the date of the beginning of the term of office for which the 
person was
individual 
is
 elected or appointed, the office is vacant and shall be filled as provided by law.
(2)
When a required bond of any officer of the state or of any of its political subdivisions is 
canceled, revoked, annulled or otherwise becomes void or of no effect, without another 
proper required bond being given so that continuance of the required bonded protection 
is afforded, the office of the officer is vacant and shall be filled as provided by law.
Section 24, Section 
59-2-314
 is amended to read:
59-2-314
. Penalty for failure to complete assessment book.
Any assessor who fails to complete and deliver the assessment book to the county 
auditor within the time prescribed by law, or who fails to transmit the information required 
under Section 
59-2-313
 to the commission, shall pay a 
civil 
penalty of $1,000
, to be recovered 
on the assessor's official bond, for the use of
 to
 the county, or 
deducted from salary by 
the 
county legislative body
 may deduct the civil penalty from the assessor's salary
.
Section 25, Section 
59-2-315
 is amended to read:
59-2-315
. Crime insurance -- Liability for willful failure or neglect of duty -- 
Judgment.
(1)
The assessor 
and sureties are liable on the official bond for all taxes on property within 
the county which, through willful failure or neglect, is not assessed or which has been 
willfully assessed at less than its fair market value
shall obtain crime insurance in 
relation to the duties of the assessor, in an amount set by the county legislative body
.
(2)
The county attorney shall, upon showing of proper evidence and upon written demand 
by the commission or the county 
legislative body, commence and prosecute to 
judgment an action 
upon the assessor's bond for all taxes lost from
against the assessor 
for
 willful failure or neglect in assessing property.
(3)
If, during the trial of the action against the assessor, the value of the unassessed or 
underassessed property is determined, the assessor is liable for the difference between 
the amount of taxes collected and the amount of taxes which should have been collected 
pursuant to law.
Section 26, Section 
63G-7-805
 is amended to read:
63G-7-805
. Liability insurance -- Insurance for employees authorized.
(1)
(a)
A governmental entity may insure any or all of its employees against liability, in 
whole or in part, for injury or damage resulting from an act or omission occurring 
during the performance of an employee's duties, within the scope of employment, or 
under color of authority, regardless of whether 
or not that
the governmental
 entity is 
immune from suit for that act or omission.
(c)
Under any contract or policy of insurance providing coverage on behalf of a 
governmental entity or employee for any liability defined by this section, regardless 
of the source of funding for the coverage, the insurer has no right to indemnification 
or contribution from the governmental entity or its employee for any loss or liability 
covered by the contract or policy.
(b)
(2)
Any expenditure for that insurance 
An expenditure for insurance described in 
Subsection 
(1)
is for a public purpose.
(2)
Any surety covering a governmental entity or its employee under any faithful 
performance surety bond has no right to indemnification or contribution from the 
governmental entity or its employee for any loss covered by that bond based on any act 
or omission for which the governmental entity would be obligated to defend or 
indemnify under the provisions of Section 
63G-7-902
.
Section 27, Section 
63H-7a-603
 is amended to read:
63H-7a-603
. Financial officer -- Duties.
(1)
The executive director shall appoint a financial officer for the Administrative Services 
Division with the approval of the board.
(2)
The financial officer shall be responsible for accounting for the authority, including:
(a)
safekeeping and investment of public funds of the authority, including the funds 
expended from the restricted accounts created in this chapter;
(b)
the proper collection, deposit, disbursement, and management of the public funds of 
the authority in accordance with 
Title 51, Chapter 7, State Money Management Act
;
(c)
having authority to sign all bills payable, notes, checks, drafts, warrants, or other 
negotiable instruments in the absence of the executive director and the executive 
director's designated employee;
(d)
providing to the board and the executive director a statement of the condition of the 
finances of the authority, at least annually and at such other times as shall be 
requested by the board; and
(e)
performing all other duties incident to the financial officer.
(3)
The financial officer shall:
(a)
be bonded 
obtain crime insurance 
in an amount established by the State Money 
Management Council; and
(b)
file written reports with the State Money Management Council pursuant to Section 
51-7-15
.
Section 28, Section 
67-4-10
 is amended to read:
67-4-10
. Crime insurance.
(1)
The state treasurer, within 30 days after taking office, shall 
give to the state a 
surety-company bond
obtain crime insurance
 in a sum to be determined by the State 
Money Management Council.
(2)
The state shall pay the premium of the 
surety-company bond
crime insurance
.
Section 29, Section 
67-4-11
 is amended to read:
67-4-11
. Delict of treasurer -- Duties of auditor and governor -- Suspension.
(1)
The state auditor shall notify the governor if the state auditor examines the books of the 
state treasurer, and finds that:
(a)
the books do not correspond with the amount of funds on hand;
(b)
the books do not show the actual condition of the funds;
(c)
money belonging to the state has been embezzled, diverted, or in any manner taken 
from the treasury without authority of law; or
(d)
the state treasurer has been guilty of negligence in keeping the books or in taking 
care of the public money.
(2)
Upon receipt of the notice, the governor shall:
(a)
take possession of all books, money, papers, and other property belonging to the state 
in the possession of the state treasurer; and
(b)
temporarily suspend the state treasurer from office.
(3)
(a)
The state auditor shall:
(i)
examine the books, papers, and all matters connected with the office of the 
suspended state treasurer; and
(ii)
notify the governor of the findings.
(b)
If, based upon the examination, the auditor concludes that the state treasurer has 
embezzled or converted to personal use the public money, or has been negligent in 
keeping the books, or in taking care of the public money, the governor shall appoint 
another person to replace the suspended state treasurer.
(c)
The new state treasurer shall 
execute an official bond
obtain crime insurance
, and 
enter upon the office of state treasurer, as provided by law.
(d)
The governor shall report all of the acts done under this section to the Legislature.
(4)
The new state treasurer shall hold office until the suspended state treasurer is restored or 
until 
his
a
 successor is elected and qualified.
Section 30, Section 
67-9-1
 is amended to read:
67-9-1
. Appointment -- Powers.
(1)
The state auditor, the state treasurer, the attorney general, and the superintendent of 
public instruction may each appoint a deputy, who may, during the absence or disability 
of the principal, perform all the duties pertaining to the office, except those required of 
the principal as a member of any board. 
(2)
The principal shall be answerable for 
the 
neglect or misconduct in office of 
his
the 
principal's
 deputy, and may require 
from him a bond for his own security. The 
appointment of a deputy shall be in writing, and shall be revocable at the pleasure of the 
principal; and all such appointments and revocations shall be filed with the lieutenant 
governor.
the deputy to obtain crime insurance.
(3)
The principal:
(a)
shall, if the principal appoints a deputy:
(i)
make the appointment in writing; and 
(ii)
file the written appointment with the lieutenant governor;
(b)
may revoke the appointment of the principal's deputy, at will, in writing; and
(c)
shall, if the principal revokes appointment of a deputy, file the written revocation 
with the lieutenant governor.
Section 31, Section 
67-9-2
 is amended to read:
67-9-2
. Crime insurance.
Where a deputy of any state officer is required to 
give a bond to the state , the deputy 
shall give a surety-company bond, and the premium therefor shall be paid by
obtain crime 
insurance,
 the state
 shall pay the premium
.
Section 32, Section 
78B-2-310
 is amended to read:
78B-2-310
. Actions against public officers -- Within six years.
An action by the state, 
any
an
 agency, or 
a 
public corporation against 
any
a
 public 
officer for malfeasance, misfeasance, or nonfeasance in office or against 
any surety upon his 
official bond
a crime insurance policy in relation to the public officer's duties
 may be brought 
within six years after the officer ceases to hold 
his
the
 office.
Section 33, 
Repealer.
Cost of bonds -- How paid.
Bonds to cover special penalties and liabilities.
Successive actions on official bonds.
Official bonds -- Actions on -- Parties.
Bonds to be deemed security.
Section 34. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 12:16 PM