Enrolled Copy S.B. 259
1 REQUIREMENTS FOR DISTRICTS PROVIDING SERVICES
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore House Sponsor: Karianne Lisonbee
2
3 LONG TITLE
4 General Description:
5 This bill modifies provisions relating to local government districts that provide services.
6 Highlighted Provisions:
7 This bill:
8 ▸ amends the election procedures for a special district board;
9 ▸ modifies a provision relating to dividing a special district into divisions;
10 ▸ modifies the process for special district boundary changes;
11 ▸ modifies provisions relating to the board of trustees of certain improvement districts;
12 ▸ modifies the fee collection and payment process for special districts;
13 ▸ modifies a provision related to the amount a special service district may be invoiced to
14 pay for a service that the district receives from the creating entity;
15 ▸ provides that an annexed area for a special service district is subject to the user fees
16 imposed and property taxes levied for the benefit of the special service district once the
17 required documents are recorded; and
18 ▸ makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 17B-1-306, as last amended by Laws of Utah 2023, Chapters 15, 435
26 17B-1-306.5, as last amended by Laws of Utah 2023, Chapter 15
27 17B-1-417, as last amended by Laws of Utah 2023, Chapters 15, 435
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28 17B-1-635, as last amended by Laws of Utah 2023, Chapter 15
29 17B-1-643, as last amended by Laws of Utah 2023, Chapters 15, 435
30 17B-2a-404, as last amended by Laws of Utah 2018, Chapter 112
31 17D-1-103, as last amended by Laws of Utah 2023, Chapter 15
32 17D-1-403, as last amended by Laws of Utah 2009, Chapter 350
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 17B-1-306 is amended to read:
36 17B-1-306 . Special district board -- Election procedures -- Notice.
37 (1) Except as provided in Subsection (12), each elected board member shall be selected as
38 provided in this section.
39 (2) (a) Each election of a special district board member shall be held:
40 (i) at the same time as the municipal general election or the regular general election,
41 as applicable; and
42 (ii) at polling places designated by the special district board in consultation with the
43 county clerk for each county in which the special district is located, which polling
44 places shall coincide with municipal general election or regular general election
45 polling places, as applicable, whenever feasible.
46 (b) The special district board, in consultation with the county clerk, may consolidate two
47 or more polling places to enable voters from more than one district to vote at one
48 consolidated polling place.
49 (c) (i) Subject to Subsections (5)(h) and (i), the number of polling places under
50 Subsection (2)(a)(ii) in an election of board members of an irrigation district shall
51 be one polling place per division of the district, designated by the district board.
52 (ii) Each polling place designated by an irrigation district board under Subsection
53 (2)(c)(i) shall coincide with a polling place designated by the county clerk under
54 Subsection (2)(a)(ii).
55 (3) (a) The clerk of each special district with a board member position to be filled at the
56 next municipal general election or regular general election, as applicable, shall
57 provide notice of:
58 [(a)] (i) each elective position of the special district to be filled at the next municipal
59 general election or regular general election, as applicable;
60 [(b)] (ii) the constitutional and statutory qualifications for each position; and
61 [(c)] (iii) the dates and times for filing a declaration of candidacy.
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62 (b) If the election is to be held at the same time as the municipal general election, a
63 declaration of candidacy shall be filed on the days specified in Subsection 20A-9-203
64 (3)(a)(i).
65 (c) If the election is to be held at the same time as the regular general election, a
66 declaration of candidacy shall be filed by the deadline stated in Subsection
67 20A-9-201.5(2).
68 (4) The clerk of the special district shall publish the notice described in Subsection [(3)]
69 (3)(a) for the special district, as a class A notice under Section 63G-30-102, for at least
70 10 days before the first day for filing a declaration of candidacy.
71 (5) (a) Except as provided in Subsection (5)(c), to become a candidate for an elective
72 special district board position, an individual shall file a declaration of candidacy in
73 person with an official designated by the special district within the candidate filing
74 period for the applicable election year in which the election for the special district
75 board is held and:
76 (i) during the special district's standard office hours, if the standard office hours
77 provide at least three consecutive office hours each day during the candidate filing
78 period that is not a holiday or weekend; or
79 (ii) if the standard office hours of a special district do not provide at least three
80 consecutive office hours each day, a three-hour consecutive time period each day
81 designated by the special district during the candidate filing period that is not a
82 holiday or weekend.
83 (b) When the candidate filing deadline falls on a Saturday, Sunday, or holiday, the filing
84 time shall be extended until the close of normal office hours on the following regular
85 business day.
86 (c) Subject to Subsection (5)(f), an individual may designate an agent to file a
87 declaration of candidacy with the official designated by the special district if:
88 (i) the individual is located outside of the state during the entire filing period;
89 (ii) the designated agent appears in person before the official designated by the
90 special district; and
91 (iii) the individual communicates with the official designated by the special district
92 using an electronic device that allows the individual and official to see and hear
93 each other.
94 (d) (i) Before the filing officer may accept any declaration of candidacy from an
95 individual, the filing officer shall:
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96 (A) read to the individual the constitutional and statutory qualification
97 requirements for the office that the individual is seeking; and
98 (B) require the individual to state whether the individual meets those requirements.
99 (ii) If the individual does not meet the qualification requirements for the office, the
100 filing officer may not accept the individual's declaration of candidacy.
101 (iii) If it appears that the individual meets the requirements of candidacy, the filing
102 officer shall accept the individual's declaration of candidacy.
103 (e) The declaration of candidacy shall be in substantially the following form:
104 "I, (print name) ____________, being first duly sworn, say that I reside at (Street)
105 ____________, City of ________________, County of ________________, state of Utah,
106 (Zip Code) ______, (Telephone Number, if any)____________; that I meet the qualifications
107 for the office of board of trustees member for _______________________ (state the name of
108 the special district); that I am a candidate for that office to be voted upon at the next election;
109 and that, if filing via a designated agent, I will be out of the state of Utah during the entire
110 candidate filing period, and I hereby request that my name be printed upon the official ballot
111 for that election.
112 (Signed) _________________________________________
113 Subscribed and sworn to (or affirmed) before me by ____________ on this ______ day of
114 ____________, ____.
115 (Signed) ________________________
116 (Clerk or Notary Public)".
117 (f) An agent designated under Subsection (5)(c) may not sign the form described in
118 Subsection (5)(e).
119 (g) Each individual wishing to become a valid write-in candidate for an elective special
120 district board position is governed by Section 20A-9-601.
121 (h) If at least one individual does not file a declaration of candidacy as required by this
122 section, an individual shall be appointed to fill that board position in accordance with
123 the appointment provisions of Section 20A-1-512.
124 (i) If only one candidate files a declaration of candidacy and there is no write-in
125 candidate who complies with Section 20A-9-601, the board, in accordance with
126 Section 20A-1-206, may:
127 (i) consider the candidate to be elected to the position; and
128 (ii) cancel the election.
129 (6) (a) A primary election may be held if:
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130 (i) the election is authorized by the special district board; and
131 (ii) the number of candidates for a particular local board position or office exceeds
132 twice the number of persons needed to fill that position or office.
133 (b) The primary election shall be conducted:
134 (i) on the same date as the municipal primary election or the regular primary election,
135 as applicable; and
136 (ii) according to the procedures for primary elections provided under Title 20A,
137 Election Code.
138 (7) (a) Except as provided in Subsection (7)(c), within one business day after the
139 deadline for filing a declaration of candidacy, the special district clerk shall certify
140 the candidate names to the clerk of each county in which the special district is located.
141 (b) (i) Except as provided in Subsection (7)(c) and in accordance with Section
142 20A-6-305, the clerk of each county in which the special district is located and the
143 special district clerk shall coordinate the placement of the name of each candidate
144 for special district office in the nonpartisan section of the ballot with the
145 appropriate election officer.
146 (ii) If consolidation of the special district election ballot with the municipal general
147 election ballot or the regular general election ballot, as applicable, is not feasible,
148 the special district board of trustees, in consultation with the county clerk, shall
149 provide for a separate special district election ballot to be administered by poll
150 workers at polling places designated under Subsection (2).
151 (c) (i) Subsections (7)(a) and (b) do not apply to an election of a member of the board
152 of an irrigation district established under Chapter 2a, Part 5, Irrigation District Act.
153 (ii) (A) Subject to Subsection (7)(c)(ii)(B), the board of each irrigation district
154 shall prescribe the form of the ballot for each board member election.
155 (B) Each ballot for an election of an irrigation district board member shall be in a
156 nonpartisan format.
157 (C) The name of each candidate shall be placed on the ballot in the order specified
158 under Section 20A-6-305.
159 (8) (a) Each voter at an election for a board of trustees member of a special district shall:
160 (i) be a registered voter within the district, except for an election of:
161 (A) an irrigation district board of trustees member; or
162 (B) a basic special district board of trustees member who is elected by property
163 owners; and
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164 (ii) meet the requirements to vote established by the district.
165 (b) Each voter may vote for as many candidates as there are offices to be filled.
166 (c) The candidates who receive the highest number of votes are elected.
167 (9) Except as otherwise provided by this section, the election of special district board
168 members is governed by Title 20A, Election Code.
169 (10) (a) Except as provided in Subsection 17B-1-303(8), a person elected to serve on a
170 special district board shall serve a four-year term, beginning at noon on the January 1
171 after the person's election.
172 (b) A person elected shall be sworn in as soon as practical after January 1.
173 (11) (a) Except as provided in Subsection (11)(b), each special district shall reimburse
174 the county or municipality holding an election under this section for the costs of the
175 election attributable to that special district.
176 (b) Each irrigation district shall bear the district's own costs of each election the district
177 holds under this section.
178 (12) This section does not apply to an improvement district that provides electric or gas
179 service.
180 (13) Except as provided in Subsection 20A-3a-605(1)(b), the provisions of Title 20A,
181 Chapter 3a, Part 6, Early Voting, do not apply to an election under this section.
182 (14) (a) As used in this Subsection (14), "board" means:
183 (i) a special district board; or
184 (ii) the administrative control board of a special service district that has elected
185 members on the board.
186 (b) A board may hold elections for membership on the board at a regular general
187 election instead of a municipal general election if the board submits an application to
188 the lieutenant governor that:
189 (i) requests permission to hold elections for membership on the board at a regular
190 general election instead of a municipal general election; and
191 (ii) indicates that holding elections at the time of the regular general election is
192 beneficial, based on potential cost savings, a potential increase in voter turnout, or
193 another material reason.
194 (c) Upon receipt of an application described in Subsection (14)(b), the lieutenant
195 governor may approve the application if the lieutenant governor concludes that
196 holding the elections at the regular general election is beneficial based on the criteria
197 described in Subsection (14)(b)(ii).
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198 (d) If the lieutenant governor approves a board's application described in this section:
199 (i) all future elections for membership on the board shall be held at the time of the
200 regular general election; and
201 (ii) the board may not hold elections at the time of a municipal general election
202 unless the board receives permission from the lieutenant governor to hold all
203 future elections for membership on the board at a municipal general election
204 instead of a regular general election, under the same procedure, and by applying
205 the same criteria, described in this Subsection (14).
206 (15) (a) This Subsection (15) applies to a special district if:
207 (i) the special district's board members are elected by the owners of real property, as
208 provided in Subsection 17B-1-1402(1)(b); and
209 (ii) the special district was created before January 1, 2020.
210 (b) The board of a special district described in Subsection (15)(a) may conduct an
211 election:
212 (i) to fill a board member position that expires at the end of the term for that board
213 member's position; and
214 (ii) notwithstanding Subsection 20A-1-512(1)(a)(i), to fill a vacancy in an unexpired
215 term of a board member.
216 (c) An election under Subsection (15)(b) may be conducted as determined by the special
217 district board, subject to Subsection (15)(d).
218 (d) (i) The special district board shall provide to property owners eligible to vote at
219 the special district election:
220 (A) notice of the election