reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 117 - Severability.

17B-1-117.
Severability.
A court's invalidation of any provision of this title may not be considered to affect the validity of any other provision of this title.
Enacted by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 118 - Special district hookup fee -- Preliminary design or site plan from a specified public agency.

Effective 2/27/2023
17B-1-118.
Special district hookup fee -- Preliminary design or site plan from a specified public agency.
(1) As used in this section:
(a) "Hookup fee" means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a special district water, sewer, storm water, power, or other utility system.
(b) "Impact fee" has the same meaning as defined in Section 11-36a-102.
(c) "Specified public agency" means:
(i) the state;
(ii) a school district; or
(iii) a charter school.
(d) "State" includes any department, division, or agency of the state.
(2) A special district may not impose or collect a hookup fee that exceeds the reasonable cost of installing and inspecting the pipe, line, meter, or appurtenance to connect to the special district water, sewer, storm water, power, or other utility system.
(3)
(a) A specified public agency intending to develop its land shall submit a development plan and schedule to each special district from which the specified public agency anticipates the development will receive service:
(i) as early as practicable in the development process, but no later than the commencement of construction; and
(ii) with sufficient detail to enable the special district to assess:
(A) the demand for public facilities listed in Subsections 11-36a-102(17)(a), (b), (c), (d), (e), and (g) caused by the development;
(B) the amount of any hookup fees, or impact fees or substantive equivalent;
(C) any credit against an impact fee; and
(D) the potential for waiving an impact fee.
(b) The special district shall respond to a specified public agency's submission under Subsection (3)(a) with reasonable promptness in order to allow the specified public agency to consider information the special district provides under Subsection (3)(a)(ii) in the process of preparing the budget for the development.
(4) Upon a specified public agency's submission of a development plan and schedule as required in Subsection (3) that complies with the requirements of that subsection, the specified public agency vests in the special district's hookup fees and impact fees in effect on the date of submission.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 119 - Duty to comply with local land use provisions.

Effective 2/27/2023
17B-1-119.
Duty to comply with local land use provisions.
A special district shall comply with Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, and Title 17, Chapter 27a, County Land Use, Development, and Management Act, as applicable, if a land use authority consults with or allows the special district to participate in any way in a land use authority's land use development review or approval process.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 1 - General Provisions › Section 121 - Limit on fees -- Requirement to itemize and account for fees -- Appeals.

Effective 2/27/2023
17B-1-121.
Limit on fees -- Requirement to itemize and account for fees -- Appeals.
(1) A special district may not impose or collect:
(a) an application fee that exceeds the reasonable cost of processing the application; or
(b) an inspection or review fee that exceeds the reasonable cost of performing an inspection or review.
(2)
(a) Upon request by a service applicant who is charged a fee or an owner of residential property upon which a fee is imposed, a special district shall provide a statement of each itemized fee and calculation method for each fee.
(b) If an applicant who is charged a fee or an owner of residential property upon which a fee is imposed submits a request for a statement of each itemized fee no later than 30 days after the day on which the applicant or owner pays the fee, the special district shall, no later than 10 days after the day on which the request is received, provide or commit to provide within a specific time:
(i) for each fee, any studies, reports, or methods relied upon by the special district to create the calculation method described in Subsection (2)(a);
(ii) an accounting of each fee paid;
(iii) how each fee will be distributed by the special district; and
(iv) information on filing a fee appeal through the process described in Subsection (2)(c).
(c)
(i) A special district shall establish an impartial fee appeal process to determine whether a fee reflects only the reasonable estimated cost of delivering the service for which the fee was paid.
(ii) A party to a fee appeal described in Subsection (2)(c)(i) may petition for judicial review of the special district's final decision.
(3) A special district may not impose on or collect from a public agency a fee associated with the public agency's development of the public agency's land other than:
(a) subject to Subsection (1), a hookup fee; or
(b) an impact fee, as defined in Section 11-36a-102 and subject to Section 11-36a-402, for a public facility listed in Subsection 11-36a-102(17)(a), (b), (c), (d), (e), or (g).
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 201 - Definitions.

Effective 2/27/2023
17B-1-201.
Definitions.
As used in this part:
(1) "Applicable area" means:
(a) for a county, the unincorporated area of the county that is included within the proposed special district; or
(b) for a municipality, the area of the municipality that is included within the proposed special district.
(2) "Governing body" means:
(a) for a county or municipality, the legislative body of the county or municipality; and
(b) for a special district, the board of trustees of the special district.
(3) "Groundwater right owner petition" means a petition under Subsection 17B-1-203(1)(c).
(4) "Groundwater right owner request" means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii).
(5) "Initiating special district" means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(e).
(6) "Petition" means a petition under Subsection 17B-1-203(1)(a), (b), or (c).
(7) "Property owner petition" means a petition under Subsection 17B-1-203(1)(a).
(8) "Property owner request" means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i).
(9) "Registered voter request" means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii).
(10) "Registered voter petition" means a petition under Subsection 17B-1-203(1)(b).
(11) "Request" means a request as described in Section 17B-1-204.
(12) "Responsible body" means the governing body of:
(a) the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;
(b) the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:
(i) the unincorporated part of the county; or
(ii) more than one municipality within the county;
(c) if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or
(d) the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(e).
(13) "Responsible clerk" means the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 204 - Request for service required before filing of petition -- Request requirements.

Effective 2/27/2023
17B-1-204.
Request for service required before filing of petition -- Request requirements.
(1) A petition may not be filed until after:
(a) a request has been filed with:
(i) the clerk of each county in whose unincorporated area any part of the proposed special district is located; and
(ii) the clerk or recorder of each municipality in which any part of the proposed special district is located; and
(b) each county and municipality with which a request under Subsection (1)(a) is filed:
(i) has adopted a resolution under Subsection 17B-1-212(1) indicating whether it will provide the requested service; or
(ii) is considered to have declined to provide the requested service under Subsection 17B-1-212(2) or (3).
(2) Each request under Subsection (1)(a) shall:
(a) ask the county or municipality to provide the service proposed to be provided by the proposed special district within the applicable area; and
(b) be signed by:
(i) unless the request is a request to create a special district to acquire or assess a groundwater right under Section 17B-1-202, the owners of private real property that:
(A) is located within the proposed special district;
(B) covers at least 10% of the total private land area within the applicable area; and
(C) is equal in value to at least 7% of the value of all private real property within the applicable area;
(ii) if the request is a request to create a special district to acquire or assess a groundwater right under Section 17B-1-202, the owners of groundwater rights that:
(A) are diverted within the proposed special district; and
(B) cover at least 10% of the amount of groundwater diverted in accordance with groundwater rights within the applicable area; or
(iii) registered voters residing within the applicable area equal in number to at least 10% of the number of votes cast in the applicable area for the office of governor at the last general election prior to the filing of the request.
(3) For purposes of Subsections (1) and (2), an area proposed to be annexed to a municipality in a petition under Section 10-2-403 filed before and still pending at the time of filing of a petition shall be considered to be part of that municipality.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 206 - Request certification -- Amended request.

17B-1-206.
Request certification -- Amended request.
(1) Within 30 days after the filing of a request, the clerk of each county and the clerk or recorder of each municipality with which a request was filed shall:
(a) with the assistance of other county or municipal officers from whom the clerk or recorder requests assistance, determine, for the clerk or recorder's respective county or municipality, whether the request complies with the requirements of Subsections 17B-1-204(2) and 17B-1-205(1); and
(b)
(i) if the clerk or recorder determines that the request complies with the requirements:
(A) certify the request and deliver it to the legislative body of the county or municipality, as the case may be; and
(B) mail or deliver written notification of the certification to the contact sponsor; or
(ii) if the clerk or recorder determines that the request fails to comply with any of the applicable requirements, reject the request and notify the contact sponsor in writing of the rejection and the reasons for the rejection.
(2) If the clerk or recorder fails to certify or reject a request within 30 days after its filing, the request shall be considered to be certified.
(3) Each county clerk or municipal clerk or recorder shall certify or reject requests in the order in which they are filed.
(4)
(a) If the county clerk or municipal clerk or recorder rejects a request under Subsection (1)(b)(ii), the request may be amended to correct the deficiencies for which it was rejected and then refiled.
(b) A valid signature on a request that was rejected under Subsection (1)(b)(ii) may be used toward fulfilling the applicable signature requirement of the request as amended under Subsection (4)(a).
(5) Each county clerk and municipal clerk or recorder shall act in good faith in making the determinations under this section.
Renumbered and Amended by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 207 - Signature on request may be used on petition.

Effective 2/27/2023
17B-1-207.
Signature on request may be used on petition.
A signature on a request may be used toward fulfilling the signature requirement of a petition:
(1) if the request notifies the signer in conspicuous language that the signature, unless withdrawn, would also be used for purposes of a petition to create a special district; and
(2) unless the signer files a written withdrawal of the signature before the petition is filed.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 208 - Additional petition requirements and limitations.

Effective 2/27/2023
17B-1-208.
Additional petition requirements and limitations.
(1) Each petition shall:
(a) be filed with the responsible clerk;
(b) separately group signatures by county and municipality, so that all signatures of the owners of real property located within or of registered voters residing within each county whose unincorporated area includes and each municipality whose boundaries include part of the proposed special district are grouped separately; and
(c) state the number of members that the board of trustees of the proposed special district will have, consistent with the requirements of Subsection 17B-1-302(4).
(2)
(a) A petition may not propose the creation of a special district that includes an area located within the unincorporated part of a county or within a municipality if the legislative body of that county or municipality has adopted a resolution under Subsection 17B-1-212(1) indicating that the county or municipality will provide to that area the service proposed to be provided by the proposed special district.
(b) Subsection (2)(a) does not apply if the county or municipal legislative body is considered to have declined to provide the requested service under Subsection 17B-1-212(3).
(c) Subsection (2)(a) may not be construed to prevent the filing of a petition that proposes the creation of a special district whose area excludes that part of the unincorporated area of a county or that part of a municipality to which the county or municipality has indicated, in a resolution adopted under Section 17B-1-212, it will provide the requested service.
(3) A petition may not propose the creation of a special district whose area includes:
(a) some or all of an area described in a previously filed petition that, subject to Subsection 17B-1-202(4)(b):
(i) proposes the creation of a special district to provide the same service as proposed by the later filed petition; and
(ii) is still pending at the time the later petition is filed; or
(b) some or all of an area within a political subdivision that provides in that area the same service proposed to be provided by the proposed special district.
(4) A petition may not be filed more than 12 months after a county or municipal legislative body declines to provide the requested service under Subsection 17B-1-212(1) or is considered to have declined to provide the requested service under Subsection 17B-1-212(2) or (3).
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 210 - Public hearing.

Effective 2/27/2023
17B-1-210.
Public hearing.
(1) The legislative body of each county and municipality with which a request is filed or that adopts a resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each special district that adopts a resolution under Subsection 17B-1-203(1)(e) shall hold a public hearing or a set of public hearings, sufficient in number and location to ensure that no substantial group of residents of the proposed special district need travel an unreasonable distance to attend a public hearing.
(2) Each public hearing under Subsection (1) shall be held:
(a) no later than 45 days after:
(i) for a public hearing on a request, certification of a request under Subsection 17B-1-206(1)(b)(i); or
(ii) for a public hearing on a resolution, adoption of a resolution under Subsection 17B-1-203(1)(d) or (e);
(b) within the proposed special district;
(c) except as provided in Subsections (6) and (7), within the applicable area; and
(d) for the purpose of:
(i) for a public hearing on a request, allowing public input on:
(A) whether the requested service is needed in the area of the proposed special district;
(B) whether the service should be provided by the county or municipality or the proposed special district; and
(C) all other matters relating to the request or the proposed special district; or
(ii) for a public hearing on a resolution, allowing the public to ask questions of and obtain further information from the governing body holding the hearing regarding the issues contained in or raised by the resolution.
(3) A quorum of each governing body holding a public hearing under this section shall be present throughout each hearing held by that governing body.
(4) Each hearing under this section shall be held on a weekday evening other than a holiday beginning no earlier than 6 p.m.
(5) At the beginning and end of each hearing concerning a resolution, the governing body shall announce the deadline for filing protests and generally explain the protest procedure and requirements.
(6) Two or more county or municipal legislative bodies may jointly hold a hearing or set of hearings required under this section if all the requirements of this section, other than the requirements of Subsection (2)(c), are met as to each hearing.
(7) Notwithstanding Subsection (2)(c), a governing body may hold a public hearing or set of public hearings outside the applicable area if:
(a) there is no reasonable place to hold a public hearing within the applicable area; and
(b) the public hearing or set of public hearings is held as close to the applicable area as reasonably possible.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 211 - Notice of public hearings -- Publication of resolution.

Effective 5/3/2023
17B-1-211.
Notice of public hearings -- Publication of resolution.
(1) Before holding a public hearing or set of public hearings under Section 17B-1-210, the legislative body of each county or municipality with which a request is filed or that adopts a resolution under Subsection 17B-1-203(1)(d) and the board of trustees of each special district that adopts a resolution under Subsection 17B-1-203(1)(e) shall publish notice for the proposed special district, as a class B notice under Section 63G-30-102, for at least two weeks before the day of the hearing or the day of the first of the set of hearings.
(2) Each notice required under Subsection (1) shall:
(a) if the hearing or set of hearings is concerning a resolution:
(i) contain the entire text or an accurate summary of the resolution; and
(ii) state the deadline for filing a protest against the creation of the proposed special district;
(b) clearly identify each governing body involved in the hearing or set of hearings;
(c) state the date, time, and place for the hearing or set of hearings and the purposes for the hearing or set of hearings; and
(d) describe or include a map of the entire proposed special district.
(3) County or municipal legislative bodies may jointly provide the notice required under this section if all the requirements of this section are met as to each notice.
Amended by Chapter 15, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 212 - Resolution indicating whether the requested service will be provided.

Effective 2/27/2023
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 special district shall adopt a resolution indicating whether the county or municipality will provide to the area of the proposed special district within its boundaries the service proposed to be provided by the proposed special 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 special 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 special 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 or municipality will be considered to have declined to provide the service and the creation of the special district may proceed accordingly.
Amended by Chapter 15, 2023 General Session
Amended by Chapter 139, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 2 - Creation of a Special District › Section 216 - Costs and expenses of creating a special district.

Effective 2/27/2023
17B-1-216.
Costs and expenses of creating a special district.
(1) Except as provided in Subsection (2), each county whose unincorporated area includes and each municipality whose boundaries include some or all of the proposed special district shall bear their respective costs and expenses associated with the procedure under this part for creating a special district.
(2) Within a year after its creation, each special district shall reimburse the costs and expenses associated with the preparation, certification, and recording of the approved final local entity plat of the special district and accompanying documents under Section 17B-1-215.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 304 - Appointment procedures for appointed members -- Notice of vacancy.

Effective 5/3/2023
17B-1-304.
Appointment procedures for appointed members -- Notice of vacancy.
(1) 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)
(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)
(a) After the appointing authority is notified of 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 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) 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)
(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).
Amended by Chapter 15, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 305 - Notice of offices to be filled.

Effective 2/27/2023
17B-1-305.
Notice of offices to be filled.
On or before February 1 of each election year in which board members of a special district are elected, the board of each special district required to participate in an election that year shall prepare and transmit to the clerk of each county in which any part of the district is located a written notice that:
(1) designates the offices to be filled at that year's election; and
(2) identifies the dates for filing a declaration of candidacy for those offices.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 306.5 - Dividing a special district into divisions.

Effective 2/27/2023
17B-1-306.5.
Dividing a special district into divisions.
(1) Subject to Subsection (3), the board of trustees of a special district that has elected board members may, upon a vote of two-thirds of the members of the board, divide the special district, or the portion of the special district represented by elected board of trustees members, into divisions so that some or all of the elected members of the board of trustees may be elected by division rather than at large.
(2) Subject to Subsection (3), the appointing authority of a special district that has appointed board members may, upon a vote of two-thirds of the members of the appointing authority, divide the special district, or the portion of the special district represented by appointed board members, into divisions so that some or all of the appointed members of the board of trustees may be appointed by division rather than at large.
(3) Before dividing a special district into divisions or before changing the boundaries of divisions already established, the board of trustees under Subsection (1), or the appointing authority, under Subsection (2), shall:
(a) prepare a proposal that describes the boundaries of the proposed divisions; and
(b) hold a public hearing at which any interested person may appear and speak for or against the proposal.
(4)
(a) The board of trustees or the appointing authority shall review the division boundaries at least every 10 years.
(b) Except for changes in the divisions necessitated by annexations to or withdrawals from the special district, the boundaries of divisions established under Subsection (1) or (2) may not be changed more often than every five years.
(c) Changes to the boundaries of divisions already established under Subsection (1) or (2) are not subject to the two-thirds vote requirement of Subsection (1) or (2).
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 307 - Annual compensation -- Per diem compensation -- Participation in group insurance plan -- Reimbursement of expenses.

Effective 2/27/2023
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 special district on the same basis as employees of the special district.
(ii) The amount that the special 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 special 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.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 308 - Boards of trustees composed of county or municipal legislative body members.

Effective 2/27/2023
17B-1-308.
Boards of trustees composed of county or municipal legislative body members.
(1) If a county or municipal legislative body also serves as the board of trustees of a special district:
(a) the board of trustees shall hold district meetings and keep district minutes, accounts, and other records separate from those of the county or municipality;
(b) subject to Subsection (2), the board of trustees may use, respectively, existing county or municipal facilities and personnel for district purposes;
(c) notwithstanding Subsections 17B-1-303(1) and (2), the term of office of each board of trustees member coincides with the member's term as a county or municipal legislative body member;
(d) each board of trustees member represents the district at large; and
(e) board members may not receive compensation for service as board members in addition to compensation the board members receive as members of a county or municipal legislative body.
(2) The county or municipal legislative body, as the case may be, shall charge the special district, and the special district shall pay to the county or municipality, a reasonable amount for:
(a) the county or municipal facilities that the district uses; and
(b) except for services that the county or municipal legislative body members render, the services that the county or municipality renders to the special district.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 309 - Board officers -- Term.

17B-1-309.
Board officers -- Term.
(1)
(a) The board of trustees shall elect from their number a chair and may elect other officers as the board considers appropriate.
(b) The offices of treasurer and clerk may not be held by the same person.
(2) Each officer serves at the pleasure of the board of trustees, but the board may designate a set term for officers.
Renumbered and Amended by Chapter 329, 2007 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 310 - Quorum of board of trustees -- Meetings of the board.

Effective 2/27/2023
17B-1-310.
Quorum of board of trustees -- Meetings of the board.
(1)
(a)
(i) Except as provided in Subsection (1)(b), a majority of the board of trustees constitutes a quorum for the transaction of board business, and action by a majority of a quorum constitutes action of the board.
(ii) Except as otherwise required by law, an otherwise valid action of the board is not made invalid because of the method chosen by the board to take or memorialize the action.
(b)
(i) Subject to Subsection (1)(b)(ii), a board may adopt bylaws or other rules that require more than a majority to constitute a quorum or that require action by more than a majority of a quorum to constitute action by the board.
(ii) A board with five or more members may not adopt bylaws or rules that require a vote of more than two-thirds of the board to constitute board action except for a board action to dispose of real property owned by the special district.
(2) The board of trustees shall hold such regular and special meetings as the board determines at a location that the board determines.
(3)
(a) Each meeting of the board of trustees shall comply with Title 52, Chapter 4, Open and Public Meetings Act.
(b) Subject to Subsection (3)(c), a board of trustees shall:
(i) adopt rules of order and procedure to govern a public meeting of the board of trustees;
(ii) conduct a public meeting in accordance with the rules of order and procedure described in Subsection (3)(b)(i); and
(iii) make the rules of order and procedure described in Subsection (3)(b)(i) available to the public:
(A) at each meeting of the board of trustees; and
(B) on the special district's public website, if available.
(c) Subsection (3)(b) does not affect the board of trustees' duty to comply with Title 52, Chapter 4, Open and Public Meetings Act.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 311 - Board member prohibited from district employment -- Exception.

Effective 2/27/2023
17B-1-311.
Board member prohibited from district employment -- Exception.
(1) No elected or appointed member of the board of trustees of a special district may, while serving on the board, be employed by the district, whether as an employee or under a contract.
(2) No person employed by a special district, whether as an employee or under a contract, may serve on the board of that special district.
(3) A special district is not in violation of a prohibition described in Subsection (1) or (2) if the special district:
(a) treats a member of a board of trustees as an employee for income tax purposes; and
(b) complies with the compensation limits of Section 17B-1-307 for purposes of that member.
(4) This section does not apply to a special district if:
(a) fewer than 3,000 people in the state live within 40 miles of the special district's boundaries or primary place of employment, measured over all weather public roads; and
(b) with respect to the employment of a board of trustees member under Subsection (1):
(i) the job opening has had reasonable public notice; and
(ii) the person employed is the best qualified candidate for the position.
(5) This section does not apply to a board of trustees of a large public transit district as described in Chapter 2a, Part 8, Public Transit District Act.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 312 - Training for board members.

Effective 2/27/2023
17B-1-312.
Training for board members.
(1)
(a) Each member of a board of trustees of a special district shall, within one year after taking office, complete the training described in Subsection (2).
(b) For the purposes of Subsection (1)(a), a member of a board of trustees of a special district takes office each time the member is elected or appointed to a new term, including an appointment to fill a midterm vacancy in accordance with Subsection 17B-1-303(5) or (6).
(2) In conjunction with the Utah Association of Special Districts, the state auditor shall:
(a) develop a training curriculum for the members of special district boards;
(b) with the assistance of other state offices and departments the state auditor considers appropriate and at times and locations established by the state auditor, carry out the training of members of special district boards; and
(c) ensure that any training required under this Subsection (2) complies with Title 63G, Chapter 22, State Training and Certification Requirements.
(3)
(a) A special district board of trustees may compensate each member of the board for each day of training described in Subsection (2) that the member completes, in accordance with Section 11-55-103.
(b) The compensation authorized under Subsection (3)(a) is in addition to all other amounts of compensation and expense reimbursement authorized under this chapter.
(c) A board of trustees may not pay compensation under Subsection (3)(a) to any board member more than once per year.
(4) The state auditor shall issue a certificate of completion to each board member that completes the training described in Subsection (2).
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 313 - Publication of notice of board resolution or action -- Contest period -- No contest after contest period.

Effective 5/3/2023
17B-1-313.
Publication of notice of board resolution or action -- Contest period -- No contest after contest period.
(1) After the board of trustees of a special district adopts a resolution or takes other action on behalf of the district, the board may provide for the publication of a notice of the resolution or other action.
(2) Each notice under Subsection (1) shall:
(a) include, as the case may be:
(i) the language of the resolution or a summary of the resolution; or
(ii) a description of the action taken by the board;
(b) state that:
(i) any person in interest may file an action in district court to contest the regularity, formality, or legality of the resolution or action within 30 days after the date of publication; and
(ii) if the resolution or action is not contested by filing an action in district court within the 30-day period, no one may contest the regularity, formality, or legality of the resolution or action after the expiration of the 30-day period; and
(c) be published for the special district, as a class A notice under Section 63G-30-102, for at least 30 days.
(3) For a period of 30 days after the date of the publication, any person in interest may contest the regularity, formality, or legality of the resolution or other action by filing an action in district court.
(4) After the expiration of the 30-day period under Subsection (3), no one may contest the regularity, formality, or legality of the resolution or action for any cause.
Amended by Chapter 15, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 3 - Board of Trustees › Section 314 - Compelling attendance at board meetings.

Effective 2/27/2023
17B-1-314.
Compelling attendance at board meetings.
The board of trustees of a special district may:
(1) compel the attendance of its own members at its meetings; and
(2) provide penalties it considers necessary for the failure to attend.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 4 - Annexation › Section 401 - Definitions.

Effective 2/27/2023
17B-1-401.
Definitions.
As used in this part:
(1) "Applicable area" means:
(a) for a county, the unincorporated area of the county that is included within the area proposed for annexation; or
(b) for a municipality, the area of the municipality that is included within the area proposed for annexation.
(2) "Retail" means, with respect to a service provided by a municipality or special district, that the service is provided directly to the ultimate user.
(3) "Wholesale" means, with respect to a service provided by a special district, that the service is not provided directly to the ultimate user but is provided to a retail provider.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 4 - Annexation › Section 402 - Annexation of area outside special district.

Effective 2/27/2023
17B-1-402.
Annexation of area outside special district.
(1) An area outside the boundaries of a special district may be annexed to the special district, as provided in this part, in order to provide to the area a service that the special district provides.
(2) The area proposed to be annexed:
(a) may consist of one or more noncontiguous areas; and
(b) need not be adjacent to the boundaries of the proposed annexing special district.
(3) With respect to a special district in the creation of which an election was not required under Subsection 17B-1-214(3)(d):
(a) an unincorporated area of a county may not be annexed to the special district unless, after annexation, at least a majority of the unincorporated area of the county will be included in the special district; and
(b) the annexation of any part of an area within a municipality shall include all of the area within the municipality.
(4) A special district may not annex an area located within a project area described in a project area plan adopted by the military installation development authority under Title 63H, Chapter 1, Military Installation Development Authority Act, without the authority's approval.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 17B - Limited Purpose Local Government Entities - Special Districts › Chapter 1 - Provisions Applicable to All Special Districts › Part 4 - Annexation › Section 404 - Petition requirements.

Effective 2/27/2023
17B-1-404.
Petition requirements.
(1) Each petition under Subsection 17B-1-403(1)(a) shall:
(a) indicate the typed or printed name and current residence address of each person signing the petition;
(b) separately group signatures by county and municipality, so that all signatures of the owners of real property located within or of registered voters residing within each county whose unincorporated area includes and each municipality whose boundaries include part of the area proposed for annexation are grouped separately;
(c) if it is a petition under Subsection 17B-1-403(1)(a)(i) or (ii)(A), indicate the address of the property as to which the owner is signing the petition;
(d) designate up to three signers of the petition as sponsors, one of whom shall be designated the contact sponsor, with the mailing address and telephone number of each;
(e) be filed with the board of trustees of the proposed annexing special district; and
(f) for a petition under Subsection 17B-1-403(1)(a)(i), state the proposed method of supplying water to the area proposed to be annexed.
(2) By submitting a written withdrawal or reinstatement with the board of trustees of the proposed annexing special district, a signer of a petition may withdraw, or once withdrawn, reinstate the signer's signature at any time:
(a) before the public hearing under Section 17B-1-409 is held; or
(b) if a hearing is not held because of Subsection 17B-1-413(1) or because no hearing is requested under Subsection 17B-1-413(2)(a)(ii)(B), until 20 days after the special district provides notice under Subsection 17B-1-413(2)(a)(i).
Amended by Chapter 15, 2023 General Session