Special District Board Appointment Amendments

5
17B-1-302
17B-1-304
0
Special District Board Appointment Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mark A. Strong
Senate Sponsor:
LONG TITLE
General Description:
This bill modifies provisions governing a special district board of trustees.
Highlighted Provisions:
This bill:
defines terms;
requires an appointing authority to designate an alternative board member, in certain
circumstances;
provides that, if the board of trustees for a special district is considering a proposed
increased assessment, an alternative board member shall serve on the board with respect
to considering and voting upon the proposed increased assessment; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17B-1-302
, as last amended by Laws of Utah 2024, Chapter 388
17B-1-304
, as last amended by Laws of Utah 2025, Chapter 347
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
17B-1-302
is amended to read:
17B-1-302
. Board member qualifications -- Number of board members.
(1)
Except as provided in Section
17B-2a-905
, each member of a special 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)
, (3), or (4), a resident within:
(i)
the boundaries of the special district; and
(ii)
if applicable, the boundaries of the division of the special 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 special district;
(B)
that receives service from the special district; and
(C)
whose owner occupies the residence on a temporary or seasonal basis, rather
than as the principal place of residence as defined in Section
20A-2-105
.
(b)
If over 50% of the residences within a special district that receive service from the
special 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:
(i)
that receives, or intends to receive, service from the district; and
(ii)
that is located within the special district and, if applicable, the division from
which the member is elected.
(3)
(a)
Subsection
(3)(b)
applies to a board of trustees member in:
(i)
a basic special district;
(ii)
any other type of special 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; or
(iii)
an infrastructure financing district.
(b)
For a board of trustees member in a special district listed in Subsection
(3)(a)
, the
board of trustees may replace the requirement under Subsection
(1)(b)
with the
requirement that the member be:
(i)
a resident within the boundaries of the special district; or
(ii)
an owner of land, or an agent or officer of the owner of land, that:
(A)
is located within the special district

; and
(B)
receives, or is expected to receive, service from the district.
(4)
A board member of an infrastructure financing district is not required to be a resident
within the boundary of the infrastructure financing district if:
(a)
all owners of surface property within the district waive the residency requirement;
(b)
the district boundary does not include any residents; or
(c)
(i)
in the case of an appointed board position, no qualified individual timely files
to be considered for appointment to the board; or
(ii)
in the case of an elected board position, no qualified individual files a declaration
of candidacy for the board position under Subsection
17B-1-306(5)
.
(5)
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.
(6)
Notwithstanding Subsection
(1)(b)
and except as provided in Subsection
(7)
, the county
legislative body may appoint to the special 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:
(a)
the county legislative body satisfies the procedures to fill a vacancy described in:
(i)
for the appointment of a new board member, Subsections
17B-1-304(2) and (3)
17B-1-304(3)
and
(4)
; or
(ii)
for an appointment to fill a midterm vacancy, Subsection
20A-1-512(1)(a)(ii)
or
Subsection
20A-1-512(2)
;
(b)
fewer qualified candidates timely file to be considered for appointment to the special
district board than are necessary to fill the board;
(c)
the county legislative body appoints each of the qualified candidates who timely filed
to be considered for appointment to the board; and
(d)
the county legislative body appoints a member of the body to the special district
board, in accordance with Subsection
17B-1-304(6)
17B-1-304(8)
or Subsection
20A-1-512(1)(c)
, who was:
(i)
elected at large by the voters of the county;
(ii)
elected from a division of the county that includes more than 50% of the
geographic area of the special district; or
(iii)
if the special 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 special district in which there is a board vacancy.
(7)
If it is necessary to reconstitute the board of trustees of a special 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 special district
board no more than one of the county legislative body's own members who does not
satisfy the requirements of Subsection
(1)
.
(8)
(a)
Except as otherwise provided by statute, the number of members of each board of
trustees of a special 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 special district has more than nine members, the number of
members may be odd or even.
(9)
For a newly created special district, the number of members of the initial board of
trustees shall be the number specified:
(a)
for a special district whose creation was initiated by a petition under Subsection
17B-1-203(1)(a)
, (b), (c), or (d), in the petition; or
(b)
for a special district whose creation was initiated by a resolution under Subsection
17B-1-203(1)(e)
or
(f)
, in the resolution.
(10)
(a)
For an existing special 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
(10)(a)

may:
(i)
violate Subsection
(8)
; or
(ii)
serve to shorten the term of any member of the board.
Section 2. Section
17B-1-304
is amended to read:
17B-1-304
. Appointment procedures for appointed members -- Notice of
vacancy.
(1)
As used in this section:
(a)
"Alternative board member" means an individual selected by an appointing authority:
(i)
to serve on a special district board only with respect to considering and voting
upon a proposed increased assessment; and
(ii)
who is an elected official.
(b)
"Elected official" means an individual who holds an office that is subject to election
at the state or local level.
(c)
"Proposed increased assessment" means a proposal before a special district board
that:
(i)
would have the effect of raising assessments, fees, or taxes on a person within the
boundary of the special district; and
(ii)
requires a vote of the board of trustees to go into effect.
(2)
The appointing authority may, by resolution, appoint persons to serve as members of a
special district board by following the procedures established by this section.
(2)
(3)
(a)
In any calendar year when appointment of a new special 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 publish the notice of vacancy for the special district,
as a class A notice under Section
63G-30-102
, for at least one month before the
deadline for accepting nominees for appointment.
(c)
The appointing authority may bill the special district for the cost of preparing,
printing, and publishing the notice.
(3)
(4)
(a)
After the appointing authority is notified of a vacancy and has satisfied the
requirements described in Subsection
(2)
(3)
, 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 special 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)
(5)
(a)
If an appointing authority selects an individual to serve as a member of a
special district board and the individual is not an elected official, or the individual
was an elected official at the time of the appointment but ceases to be an elected
official during the individual's term on the board:
(i)
the individual may not vote on a proposed increased assessment; and
(ii)
the appointing authority shall appoint an alternative board member who may vote
on a proposed increased assessment.
(b)
An alternative board member is only required to serve on the board when the board
is considering or voting upon a proposed increased assessment.
(6)
Persons appointed to serve as members of the special 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)
(7)
(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)
(7)(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)
(8)
Notwithstanding any other provision of this section, if the appointing authority
appoints one of
its
the appointing authority's
own members and that member meets all
applicable statutory board member qualifications, the appointing authority need not
comply with Subsection
(2)
or
(3)
.
(3), (4), or (5).
(7)
(9)
(a)
This section does not apply to the appointment of a member of a public
infrastructure district board.
(b)
Section
17D-4-202
governs the appointment process for a member of the board of a
public infrastructure district.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-12-26 12:39 PM