H.B. 169 Enrolled

PROCESS FOR CREATION OF NEW SCHOOL
DISTRICTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: David N. Cox
This act modifies provisions related to school districts to provide a process for creating
new school districts. The act provides for the transfer of school property to the new
school district, a tax on property within the new school district to pay for the new
district's proportionate share of the existing district's debt, and for the election of new
school board members. The act takes effect July 1, 2003.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
53A-2-117, Utah Code Annotated 1953
53A-2-118, Utah Code Annotated 1953
53A-2-119, Utah Code Annotated 1953
53A-2-120, Utah Code Annotated 1953
53A-2-121, Utah Code Annotated 1953
53A-2-122, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-2-117 is enacted to read:
53A-2-117. Definitions.
As used in Sections 53A-2-117 through 53A-2-121 :
(1) "Existing district" means a school district from which a new district is created.
(2) "New district" means a school district created under Section 53A-2-118 .
Section 2. Section 53A-2-118 is enacted to read:
53A-2-118. Creation of new school district by county legislative body -- Initiation
of process -- Procedures to be followed.
(1) A county legislative body may create a new school district from an existing school
district within the geographical boundaries of the county.

(2) (a) The process may be initiated:
(i) through a citizens' initiative petition; or
(ii) at the request of the board of the existing district or districts to be affected by the
creation of the new district.
(b) A petition submitted under Subsection (2)(a)(i) must be signed by qualified electors
residing within the geographical boundaries of the proposed new school district equal in number
to at least 15% of the number of electors in the area who voted for the office of governor at the
last regular general election.
(c) The process may only be initiated once during any four-year period.
(d) A new district may not be formed if the student population of the proposed new
district is less than 5,000 or the existing district's student population would be less than 5,000
because of the creation of the new school district.
(e) If a county legislative body receives a request or petition to create a new district on or
before December 1:
(i) the county legislative body shall appoint an ad hoc advisory committee, as provided
by Subsection (3), on or before January 1;
(ii) the ad hoc advisory committee shall submit its report and recommendations to the
county legislative body, as provided by Subsection (3), on or before July 1; and
(iii) if the county legislative body approves a proposal to create a new district, the
proposal shall be submitted to the county clerk to be voted on by the electors of the existing
district at the regular general or municipal general election held in November.
(3) (a) The county legislative body shall appoint an ad hoc advisory committee to review
and make recommendations on a request for the creation of a new school district submitted under
Subsection (2)(a).
(b) The advisory committee shall:
(i) seek input from:
(A) those requesting the creation of the new school district;
(B) the school board and school personnel of the existing school district;

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(C) those citizens residing within the geographical boundaries of the existing school
district;
(D) the State Board of Education; and
(E) other interested parties;
(ii) review data and gather information on at least:
(A) the financial viability of the proposed new school district;
(B) the proposal's financial impact on the existing school district;
(C) the exact placement of school district boundaries; and
(D) the positive and negative effects of creating a new school district and whether the
positive effects outweigh the negative if a new school district were to be created; and
(iii) make a report to the county legislative body in a public meeting on the committee's
activities, together with a recommendation on whether to create a new school district.
(4) (a) The county legislative body shall provide for a 45-day public comment period on
the report and recommendation to begin on the day the report is given under Subsection
(3)(b)(iii).
(b) Within 14 days after the end of the comment period, the county legislative body shall
vote on the creation of the proposed new school district.
(c) The proposal is approved if a majority of the members of the county legislative body
votes in favor of the proposal.
(d) If the proposal is approved, the county legislative body shall submit the proposal to
the county clerk to be voted on:
(i) by the electors of the existing school district;
(ii) in accordance with Title 20A, Election Code; and
(iii) at the next regular general election or municipal general election, whichever is first.
(e) Creation of the new school district shall occur if a majority of the electors within both
the proposed school district and the remaining school district voting on the proposal vote in favor
of the creation of the new district.
(f) (i) The county legislative body shall, within 45 days of the creation of the new school

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district, file a written notice of the action with the State Tax Commission.
(ii) The notice shall be accompanied by a map showing the boundaries of the affected
school districts, prepared and certified by a local surveyor.
(5) If a proposal to create a new district is approved by the electors, the existing district's
documented costs to study and implement the proposal shall be reimbursed by the new district.
Section 3. Section 53A-2-119 is enacted to read:
53A-2-119. Reapportionment -- Local school board membership.
(1) Upon the creation of a new school district, the county legislative body shall
reapportion the affected school districts pursuant to Section 20A-14-201 .
(2) (a) Except as provided in Subsection (2)(b), school board membership in the affected
school districts shall be determined under Title 20A, Chapter 14, Part 2, Nomination and
Election of Members of Local Boards of Education.
(b) (i) If, as a result of a reapportionment conducted following the creation of a new
school district, a local school board district is created in which no board member whose term
extends beyond reapportionment resides, the first board member for the local school board
district shall be elected at the next regular general election or municipal general election,
whichever occurs first, after the election at which the creation of the new school district is
approved.
(ii) (A) The initial term of office of a board member elected under Subsection (2)(b)(i)
shall be three years, except as provided in Subsection (2)(b)(ii)(B).
(B) If more than one position on a local school board needs to be filled pursuant to
Subsection (2)(b)(i), the initial term of the board members elected shall be staggered. The county
legislative body shall determine by lot which of the reapportioned local school board districts
will elect members to three-year terms and which will elect members to one-year terms.
Section 4. Section 53A-2-120 is enacted to read:
53A-2-120. Transfer of school property to new school district.
(1) (a) On the July 1 following the school board elections for the new and existing
districts as provided in Section 53A-1-119 , the board of the existing district shall convey and

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deliver to the board of the new district all school property which the new district is entitled to
receive.
(b) Any disagreements as to the disposition of school property shall be resolved by the
county legislative body.
(2) Title vests in the new school board, including all rights, claims, and causes of action
to or for the property, for the use or the income from the property, for conversion, disposition, or
withholding of the property, or for any damage or injury to the property.
(3) The new school board may bring and maintain actions to recover, protect, and
preserve the property and rights of the district's schools and to enforce contracts.
(4) The intangible property of the existing school district shall be prorated between it and
the new district on the same basis used to determine the new district's proportionate share of the
existing district's indebtedness under Section 53A-2-121 .
Section 5. Section 53A-2-121 is enacted to read:
53A-2-121. Indebtedness on property within new school district.
(1) (a) The boards of the existing and new districts shall determine the portion of the
existing district's bonded indebtedness and other indebtedness for which the property within the
new district remains subject to the levy of taxes to pay a proportionate share of the existing
district's outstanding indebtedness.
(b) The proportionate share of the existing district's outstanding indebtedness for which
property within the new district remains subject to the levy of taxes shall be calculated by
determining the proportion that the total assessed valuation of the property within the new district
bears to the total assessed valuation of the existing district in the year immediately preceding the
date the new district was created.
(c) The agreement reflecting the determinations made under this Subsection (1) shall take
effect upon being filed with the county legislative body and the State Board of Education.
(2) The board of the new district shall levy a tax on property within the new district
sufficient to pay the proportionate share of the indebtedness determined under this section, and
shall turn over the proceeds of the tax to the business administrator of the existing district.

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(3) The boards of the existing and new districts shall determine by mutual agreement the
disposition of bonds approved but not issued by the existing district before the creation of the
new district based primarily on the representation made to the voters at the time of the bond
election.
Section 6. Section 53A-2-122 is enacted to read:
53A-2-122. Rights of employees transferring to a new district.
An employee of a school district from which a new district is created who becomes an
employee of the new district shall receive the same considerations as are provided to transferred
employees by Section 53A-2-116 and shall retain the same status as a career or provisional
employee with accrued seniority.
Section 7. Effective date.
This act takes effect on July 1, 2003.

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