17B-2a-905 - Service area board of trustees.
17B-2a-905. Service area board of trustees.
(1) (a) Except as provided in Subsection (2):
(i) the initial board of trustees of a service area located entirely within the unincorporatedarea of a single county may, as stated in the petition or resolution that initiated the process ofcreating the service area:
(A) consist of the county legislative body;
(B) be appointed, as provided in Section 17B-1-304; or
(C) be elected, as provided in Section 17B-1-306;
(ii) if the board of trustees of a service area consists of the county legislative body, theboard may adopt a resolution providing for future board members to be appointed, as provided inSection 17B-1-304, or elected, as provided in Section 17B-1-306; and
(iii) members of the board of trustees of a service area shall be elected, as provided inSection 17B-1-306, if:
(A) the service area is not entirely within the unincorporated area of a single county;
(B) a petition is filed with the board of trustees requesting that board members beelected, and the petition is signed by registered voters within the service area equal in number toat least 10% of the number of registered voters within the service area who voted at the lastgubernatorial election; or
(C) an election is held to authorize the service area's issuance of bonds.
(b) If members of the board of trustees of a service area are required to be elected underSubsection (1)(a)(iii)(C) because of a bond election:
(i) board members shall be elected in conjunction with the bond election;
(ii) the board of trustees shall:
(A) establish a process to enable potential candidates to file a declaration of candidacysufficiently in advance of the election; and
(B) provide a ballot for the election of board members separate from the bond ballot; and
(iii) except as provided in this Subsection (1)(b), the election shall be held as provided inSection 17B-1-306.
(2) (a) This Subsection (2) applies to a service area created on or after May 5, 2003 if:
(i) the service area was created to provide:
(A) fire protection, paramedic, and emergency services; or
(B) law enforcement service; and
(ii) in the creation of the service area, an election was not required under Subsection17B-1-214(3)(c).
(b) (i) Each county whose unincorporated area is included within a service area describedin Subsection (2)(a), whether in conjunction with the creation of the service area or by laterannexation, shall appoint three members to the board of trustees.
(ii) Each municipality whose area is included within a service area described inSubsection (2)(a), whether in conjunction with the creation of the service area or by laterannexation, shall appoint one member to the board of trustees.
(iii) Each member appointed by a county or municipality under Subsection (2)(b)(i) or(ii) shall be an elected official of the appointing county or municipality, respectively.
(c) Notwithstanding Subsection 17B-1-302(2), the number of members of a board oftrustees of a service area described in Subsection (2)(a) shall be the number resulting fromapplication of Subsection (2)(b).
Amended by Chapter 159, 2010 General Session