S.B. 49

1

NEW SCHOOL DISTRICT AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: D. Chris Buttars
5 House Sponsor: ____________
6
7 LONG TITLE
8 Committee Note:
9 The Equalization Task Force recommended this bill.
10 General Description:
11 This bill amends the provisions related to the creation of new school districts.
12 Highlighted Provisions:
13 This bill:
14 . extends the time frame within which a new school district may begin to provide
15 educational services if a statewide equalization funding bill has not been approved
16 by the Legislature and governor; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-2-118, as last amended by Laws of Utah 2007, First Special Session, Chapter 1
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53A-2-118 is amended to read:

28 53A-2-118. Creation of new school district by county legislative body -- Initiation
29 of process -- Procedures to be followed.
30 (1) A new school district may be created from one or more existing school districts, as
31 provided in this section.
32 (2) (a) The process to create a new school district may be initiated:
33 (i) through a citizens' initiative petition;
34 (ii) at the request of the board of the existing district or districts to be affected by the
35 creation of the new district; or
36 (iii) at the request of a city within the boundaries of the school district or at the request
37 of interlocal agreement participants, pursuant to Section 53A-2-118.1 .
38 (b) (i) Each petition submitted under Subsection (2)(a)(i) shall be signed by qualified
39 electors residing within the geographical boundaries of the proposed new school district equal
40 in number to at least 15% of the number of electors in the area who voted for the office of
41 governor at the last regular general election.
42 (ii) Each request or petition submitted under Subsection (2)(a) shall:
43 (A) be filed with the clerk of each county in which any part of the proposed new school
44 district is located;
45 (B) indicate the typed or printed name and current residence address of each governing
46 board member making a request, or registered voter signing a petition, as the case may be;
47 (C) describe the proposed new school district boundaries; and
48 (D) designate up to five signers of the petition or request as sponsors, one of whom
49 shall be designated as the contact sponsor, with the mailing address and telephone number of
50 each.
51 (c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
52 reinstate the signer's signature at any time before the filing of the petition by filing a written
53 withdrawal or reinstatement with the county clerk.
54 (d) The process under Subsection (2)(a)(i) may only be initiated once during any
55 four-year period.
56 (e) A new district may not be formed pursuant to Subsection (2)(a) if the student
57 population of the proposed new district is less than 3,000 or the existing district's student
58 population would be less than 3,000 because of the creation of the new school district.

59 (f) Within 45 days after the filing of a petition under Subsection (2)(a)(i) or five
60 business days after the filing of a request under Subsection (2)(a)(ii) or (iii), the clerk of each
61 county with which a request or petition is filed shall:
62 (i) determine whether the request or petition complies with Subsections (2)(a), (b), (d),
63 and (e), as applicable; and
64 (ii) (A) if the county clerk determines that the request or petition complies with the
65 applicable requirements:
66 (I) certify the request or petition and deliver the certified request or petition to the
67 county legislative body; and
68 (II) mail or deliver written notification of the certification to the contact sponsor; or
69 (B) if the county clerk determines that the request or petition fails to comply with any
70 of the applicable requirements, reject the request or petition and notify the contact sponsor in
71 writing of the rejection and reasons for the rejection.
72 (g) If the county clerk fails to certify or reject a request or petition within the time
73 specified in Subsection (2)(f), the request or petition shall be considered to be certified.
74 (h) (i) If the county clerk rejects a request or petition, the request or petition may be
75 amended to correct the deficiencies for which it was rejected and then refiled.
76 (ii) Subsection (2)(d) does not apply to a request or petition that is amended and refiled
77 after having been rejected by a county clerk.
78 (i) If a county legislative body receives a request from a school board under Subsection
79 (2)(a)(ii) or a petition under Subsection (2)(a)(i) which is certified by the county clerk on or
80 before December 1:
81 (i) the county legislative body shall appoint an ad hoc advisory committee, as provided
82 by Subsection (3), on or before January 1;
83 (ii) the ad hoc advisory committee shall submit its report and recommendations to the
84 county legislative body, as provided by Subsection (3), on or before July 1; and
85 (iii) if the legislative body of each county with which a request or petition is filed
86 approves a proposal to create a new district, the proposal shall be submitted to the respective
87 county clerk to be voted on by the electors of each existing district at the regular general or
88 municipal general election held in November.
89 (3) (a) The legislative body of each county with which a request or petition is filed

90 shall appoint an ad hoc advisory committee to review and make recommendations on a request
91 for the creation of a new school district submitted under Subsection (2)(a)(i) or (ii).
92 (b) The advisory committee shall:
93 (i) seek input from:
94 (A) those requesting the creation of the new school district;
95 (B) the school board and school personnel of each existing school district;
96 (C) those citizens residing within the geographical boundaries of each existing school
97 district;
98 (D) the State Board of Education; and
99 (E) other interested parties;
100 (ii) review data and gather information on at least:
101 (A) the financial viability of the proposed new school district;
102 (B) the proposal's financial impact on each existing school district;
103 (C) the exact placement of school district boundaries; and
104 (D) the positive and negative effects of creating a new school district and whether the
105 positive effects outweigh the negative if a new school district were to be created; and
106 (iii) make a report to the county legislative body in a public meeting on the committee's
107 activities, together with a recommendation on whether to create a new school district.
108 (4) For a request or petition submitted under Subsection (2)(a)(i) or (2)(a)(ii):
109 (a) The county legislative body shall provide for a 45-day public comment period on
110 the report and recommendation to begin on the day the report is given under Subsection
111 (3)(b)(iii).
112 (b) Within 14 days after the end of the comment period, the legislative body of each
113 county with which a request or petition is filed shall vote on the creation of the proposed new
114 school district.
115 (c) The proposal is approved if a majority of the members of the legislative body of
116 each county with which a request or petition is filed votes in favor of the proposal.
117 (d) If the proposal is approved, the legislative body of each county with which a
118 request or petition is filed shall submit the proposal to the county clerk to be voted on:
119 (i) by the legal voters of each existing school district;
120 (ii) in accordance with the procedures and requirements applicable to a regular general

121 election under Title 20A, Election Code; and
122 (iii) at the next regular general election or municipal general election, whichever is
123 first.
124 (e) Creation of the new school district shall occur if a majority of the electors within
125 both the proposed school district and each remaining school district voting on the proposal vote
126 in favor of the creation of the new district.
127 (f) Each county legislative body shall provide notice of the action as required in
128 Section 53A-2-101.5 .
129 (g) If a proposal submitted under Subsection (2)(a)(i) or (ii) to create a new district is
130 approved by the electors, the existing district's documented costs to study and implement the
131 proposal shall be reimbursed by the new district.
132 (5) (a) If a proposal submitted under Subsection (2)(a)(iii) is certified under Subsection
133 (2)(f) or (g), the legislative body of each county in which part of the proposed new school
134 district is located shall submit the proposal to the respective clerk of each county to be voted
135 on:
136 (i) by the legal voters residing within the proposed new school district boundaries;
137 (ii) in accordance with the procedures and requirements applicable to a regular general
138 election under Title 20A, Election Code; and
139 (iii) at the next regular general election or municipal general election, whichever is
140 first.
141 (b) (i) If a majority of the legal voters within the proposed new school district
142 boundaries voting on the proposal at an election under Subsection (5)(a) vote in favor of the
143 creation of the new district:
144 (A) each county legislative body shall, within 30 days after the canvass of the election,
145 file with the lieutenant governor the written notice required under Section 53A-2-101.5 ; and
146 (B) upon the lieutenant governor's issuance of the certificate under Section 67-1a-6.5 ,
147 the new district is created.
148 (ii) Notwithstanding the creation of a new district as provided in Subsection
149 (5)(b)(i)(B):
150 (A) a new school district may not begin to provide educational services to the area
151 within the new district until after:

152 (I) July 1 of the second calendar year following the election at which voters approve
153 creation of the new school district; and
154 (II) the earlier of the following:
155 (Aa) a bill has been approved by the Legislature and signed by the governor that
156 provides increased ongoing funding from appropriations made during fiscal year 2007-08 of at
157 least $28 million statewide for school district capital projects and a prioritization process for
158 those capital projects; or
159 (Bb) July 1, 2012;
160 (B) a remaining district may not begin to provide educational services to the area
161 within the remaining district until the time specified in Subsection (5)(b)(ii)(A); and
162 (C) each existing district shall continue, until the time specified in Subsection
163 (5)(b)(ii)(A), to provide educational services within the entire area covered by the existing
164 district as though the new district had not been created.




Legislative Review Note
as of 12-5-07 3:11 PM

Office of Legislative Research and General Counsel