17B-1-306.5. Dividing a special district into divisions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(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.

(a)As used in this Subsection (2):

(i)"Appointed board division" means the dividing of a special district with appointed board members, or the dividing of 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.

(ii)"Appointing body" means an appointing authority that is a body.

(iii)"Appointing individual" means an appointing authority that is an individual.

(b)Subject to Subsection (3), an appointing body may, by a vote of two-thirds of the members of the appointing body, approve an appointed board division.

(i)Subject to Subsection (3), the board of trustees of a special district with appointed members may recommend an appointed board division to the appointing individual.

(ii)After receiving a recommendation under Subsection (2)(c)(i), an appointing individual may approve an appointed board division.

(3)Before approving or recommending an appointed board division or before changing the boundaries of divisions already established, the board of trustees, under Subsection

(1)or (2)(c)(i), or the appointing authority, under Subsection (2)(b), 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.

(a)The board of trustees under Subsection

(1)or (2)(c)(i) or the appointing authority under Subsection (2)(b) 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)(b).

(a)Notwithstanding Subsections

(1)through (4), after the creation of an infrastructure financing district the board of trustees may divide the infrastructure financing district into divisions, as provided in the petition to create the infrastructure financing district under Subsection 17B-1-205 (1)(m), so that some or all board members represent a division rather than the district at large.

(b)No more frequently than every four years, the board of an infrastructure financing district may modify division boundaries to ensure that each division has as nearly as possible the same number of registered voters.

(c)In dividing an infrastructure financing district into divisions or in modifying division boundaries, the board shall consider the anticipated future number of registered voters within divisions based on proposed development within the divisions.

Amended by Chapter 382 , 2024 General Session

Amended by Chapter 388 , 2024 General Session