§ 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:
(1)(a) a registered voter at the location of the member's residence; and
(1)(b) except as otherwise provided in Subsection (2), (3), or (4), a resident within:
(1)(b)(i) the boundaries of the special district; and
(1)(b)(ii) if applicable, the boundaries of the division of the special district from which the member is elected or appointed.
(2) (2)(a) As used in this Subsection (2):
(2)(a)(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.
(2)(a)(ii) "Seasonally occupied home" means a single-family residence:
(2)(a)(ii)(A) that is located within the special district;
(2)(a)(ii)(B) that receives service from the special district; and
(2)(a)(ii)(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.
(2)(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:
(2)(b)(i) that receives, or intends to receive, service from the district; and
(2)(b)(ii) that is located within the special district and, if applicable, the division from which the member is elected.
(3) (3)(a) Subsection (3)(b) applies to a board of trustees member in:
(3)(a)(i) a basic special district;
(3)(a)(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
(3)(a)(iii) an infrastructure financing district.
(3)(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:
(3)(b)(i) a resident within the boundaries of the special district; or
(3)(b)(ii) an owner of land, or an agent or officer of the owner of land, that:
(3)(b)(ii)(A) is located within the special district ; and
(3)(b)(ii)(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:
(4)(a) all owners of surface property within the district waive the residency requirement;
(4)(b) the district boundary does not include any residents; or
(4)(c) (4)(c)(i) in the case of an appointed board position, no qualified individual timely files to be considered for appointment to the board; or
(4)(c)(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:
(6)(a) the county legislative body satisfies the procedures to fill a vacancy described in:
(6)(a)(i) for the appointment of a new board member, Subsections 17B-1-304(2) and (3); or
(6)(a)(ii) for an appointment to fill a midterm vacancy, Subsection 20A-1-512(1)(a)(ii) or Subsection 20A-1-512(2);
(6)(b) fewer qualified candidates timely file to be considered for appointment to the special district board than are necessary to fill the board;
(6)(c) the county legislative body appoints each of the qualified candidates who timely filed to be considered for appointment to the board; and
(6)(d) the county legislative body appoints a member of the body to the special district board, in accordance with Subsection 17B-1-304(6) or Subsection 20A-1-512(1)(c), who was:
(6)(d)(i) elected at large by the voters of the county;
(6)(d)(ii) elected from a division of the county that includes more than 50% of the geographic area of the special district; or
(6)(d)(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) (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.
(8)(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:
(9)(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
(9)(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) (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.
(10)(b) No change in the number of members of a board of trustees under Subsection (10)(a) may:
(10)(b)(i) violate Subsection (8); or
(10)(b)(ii) serve to shorten the term of any member of the board.

Legislative History

Amended by Chapter 388, 2024 General Session