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