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

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.

Terms Used In Utah Code 17B-1-306.5

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:

(a)	this chapter; or

(b)

(i)	this chapter; and

(ii)

(A)

(B)

(C)

(D)

(E)

(F)

(G)

(H)

(I)

(J)

10; or

(K)

11. See Utah Code 17B-1-102

(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

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