1. (1) Except as provided in Subsection (5), a county or municipal legislative body that creates an administrative control board may provide for board members to be elected or appointed, or for some members to be elected and some appointed.
2. (2) Except as provided in Subsection (3), each member of an administrative control board shall be elected or appointed as provided for the election or appointment, respectively, of a member of a board of trustees of a special district under Title 17B, Chapter 1, Part 3, Board of Trustees.

3. (3) A municipality or improvement district under Title 17B, Chapter 2a, Part 4, Improvement District Act, may appoint one member to represent it on an administrative control board created for a special service district if:

   1. (a) the special service district was created by a county;

   2. (b) the municipality or improvement district:

      1. (i) provides the same service as the special service district; or

      2. (ii) provided the same service as the special service district:

         1. (A) prior to the creation of the special service district, if all or part of the municipality or improvement district was then included in the special service district; or
         2. (B) prior to all or part of the municipality or improvement district being annexed into the special service district; and
   3. (c) the special service district includes some or all of the area included within the municipality or improvement district.
4. (4) An institution of higher education for which a special service district provides commodities, services, or facilities may appoint the number of members of an administrative control board of that special service district that are equal in number to at least 1/3 of the total number of board members.

5. (5) With respect to an administrative control board created for a special service district created by a county of the first class to provide jail service as provided in Subsection 17D-1-201(10), the county legislative body shall appoint:

   1. (a) three members from a list of at least six recommendations from the county sheriff;
   2. (b) three members from a list of at least six recommendations from municipalities within the county; and
   3. (c) three members from a list of at least six recommendations from the county executive.

Amended by Chapter 15, 2023 General Session