H.B. 282 Enrolled

AVOIDING CONFLICTS OF INTEREST FOR
MEMBERS OF SCHOOL BOARDS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Lloyd W. Frandsen
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT STATE AND LOCAL
SCHOOL BOARD MEMBERS MAY NOT SERVE AS EMPLOYEES OF THEIR
RESPECTIVE BOARDS DURING THEIR TERMS OF OFFICE; PROVIDING THAT
STATE BOARD MEMBERS MAY NOT SERVE AS EMPLOYEES OR BOARD MEMBERS
OF OTHER STATE EDUCATION ENTITIES DURING THEIR TERMS OF OFFICE; AND
PROVIDING AN EXCEPTION TO THE CURRENT TERM FOR THOSE SERVING AS
BOARD MEMBERS ON THE EFFECTIVE DATE OF THE ACT.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-14-103, as enacted by Chapter 1, Laws of Utah 1995
20A-14-202, as enacted by Chapter 1, Laws of Utah 1995
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-14-103 is amended to read:
20A-14-103. State Board of Education members -- When elected -- Qualifications.
(1) (a) In 1994 and every four years thereafter, one member each shall be elected from
Districts 1, 3, 5, 7, 9, 10, and 13 to serve a four-year term.
(b) In 1992 and every four years thereafter, one member each shall be elected from
Districts 2, 4, 6, 8, 11, 12, 14, and 15 to serve a four-year term.
(2) A member shall:
(a) be and remain a registered voter in the board district from which the member was
elected or appointed; and
(b) maintain his primary residence within the board district from which the member was
elected or appointed.

(3) A member of the State Board of Education may not, during the member's term of office,
also serve as an employee of the board, the Utah State Office of Education, or the Utah State Office
of Rehabilitation, or as an employee or board member for an applied technology center or the Utah
Schools for the Deaf and the Blind.
Section 2. Section 20A-14-202 is amended to read:
20A-14-202. Local Boards of Education -- Membership -- When elected --
Qualifications -- Avoiding conflicts of interest.
(1) (a) Unless otherwise required by this part, the Salt Lake City Board of Education shall
consist of seven members and the boards of education of all other local school districts shall consist
of five members.
(b) (i) Members of a local board of education shall be elected at each regular general
election.
(ii) Except as provided in Subsection (1)(b)(iii), no more than three members of a local board
of education may be elected to a five-member board, nor more than four members elected to a
seven-member board, in any election year.
(iii) More than three members of a local board of education may be elected to a five-member
board and more than four members elected to a seven-member board in any election year only when
required by reapportionment or to fill a vacancy.
(c) One member of the local board of education shall be elected from each local school board
district.
(2) A member of a local school board shall:
(a) be and remain a registered voter in the local school board district from which the
member is elected or appointed; and
(b) maintain his primary residence within the local school board district from which the
member is elected or appointed.
(3) A member of a local school board may not, during the member's term in office, also
serve as an employee of that board.
Section 3. Exceptions.

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Subsections 20A-14-103 (3) and 20A-14-202 (3) of this act do not apply to the current term
in office of a person who is serving as a member of the State Board of Education or a local board of
education in violation of this act on the effective date of this act.

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