| 1 | 1 | | H.B. 471 |
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| 2 | 2 | | LEGISLATIVE GENERAL COUNSEL |
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| 3 | 3 | | 6 Approved for Filing: G.N. Gunn 6 |
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| 4 | 4 | | 6 02-14-23 4:08 PM 6 |
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| 5 | 5 | | H.B. 471 |
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| 6 | 6 | | 1 LOCAL DISTRICT BOARD AMENDMENTS |
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| 7 | 7 | | 2 2023 GENERAL SESSION |
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| 8 | 8 | | 3 STATE OF UTAH |
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| 9 | 9 | | 4 Chief Sponsor: Kera Birkeland |
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| 10 | 10 | | 5 Senate Sponsor: ____________ |
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| 11 | 11 | | 6 |
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| 12 | 12 | | 7LONG TITLE |
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| 13 | 13 | | 8General Description: |
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| 14 | 14 | | 9 This bill amends provisions relating to fire districts. |
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| 15 | 15 | | 10Highlighted Provisions: |
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| 16 | 16 | | 11 This bill: |
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| 17 | 17 | | 12 <exempts fire protection districts located in a county of the fourth, fifth, and sixth |
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| 18 | 18 | | 13class from the prohibition against a person simultaneously acting as a member of |
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| 19 | 19 | | 14the fire district's board of trustees and as the fire district's employee or contractor. |
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| 20 | 20 | | 15Money Appropriated in this Bill: |
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| 21 | 21 | | 16 None |
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| 22 | 22 | | 17Other Special Clauses: |
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| 23 | 23 | | 18 None |
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| 24 | 24 | | 19Utah Code Sections Affected: |
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| 25 | 25 | | 20AMENDS: |
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| 26 | 26 | | 21 17B-1-311, as last amended by Laws of Utah 2021, Chapter 51 |
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| 27 | 27 | | 22 |
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| 28 | 28 | | 23Be it enacted by the Legislature of the state of Utah: |
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| 29 | 29 | | 24 Section 1. Section 17B-1-311 is amended to read: |
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| 30 | 30 | | 25 17B-1-311. Board member prohibited from district employment -- Exception. |
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| 31 | 31 | | 26 (1) No elected or appointed member of the board of trustees of a local district may, |
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| 32 | 32 | | 27while serving on the board, be employed by the district, whether as an employee or under a |
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| 33 | 33 | | *HB0471* H.B. 471 02-14-23 4:08 PM |
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| 34 | 34 | | - 2 - |
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| 35 | 35 | | 28contract. |
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| 36 | 36 | | 29 (2) No person employed by a local district, whether as an employee or under a contract, |
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| 37 | 37 | | 30may serve on the board of that local district. |
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| 38 | 38 | | 31 (3) A local district is not in violation of a prohibition described in Subsection (1) or (2) |
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| 39 | 39 | | 32if the local district: |
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| 40 | 40 | | 33 (a) treats a member of a board of trustees as an employee for income tax purposes; and |
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| 41 | 41 | | 34 (b) complies with the compensation limits of Section 17B-1-307 for purposes of that |
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| 42 | 42 | | 35member. |
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| 43 | 43 | | 36 (4) This section does not apply to a local district if: |
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| 44 | 44 | | 37 (a) fewer than 3,000 people in the state live within 40 miles of the local district's |
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| 45 | 45 | | 38boundaries or primary place of employment, measured over all weather public roads; and |
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| 46 | 46 | | 39 (b) with respect to the employment of a board of trustees member under Subsection |
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| 47 | 47 | | 40(1): |
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| 48 | 48 | | 41 (i) the job opening has had reasonable public notice; and |
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| 49 | 49 | | 42 (ii) the person employed is the best qualified candidate for the position. |
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| 50 | 50 | | 43 (5) This section does not apply to a board of trustees of: |
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| 51 | 51 | | 44 (a) a large public transit district as described in Chapter 2a, Part 8, Public Transit |
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| 52 | 52 | | 45District Act[.] ; or |
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| 53 | 53 | | 46 (b) a fire protection district as described in Chapter 2a, Part 3, Fire Protection District |
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| 54 | 54 | | 47Act, located in a county of the fourth, fifth, or sixth class. |
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