H.B. 84

1

STATE SCHOOL BOARD CANDIDATES
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David N. Cox
5
6 LONG TITLE
7 General Description:
8 This bill modifies the process for selecting candidates for membership on the State
9 Board of Education.
10 Highlighted Provisions:
11 This bill:
12 . modifies the number of nominating and recruiting committees that select candidates
13 for membership on the State Board of Education;
14 . makes the members of local school boards within state board districts the members
15 of nominating and recruiting committees;
16 . removes the governor from the candidate selection process; and
17 . modifies the qualifications used by the nominating and recruiting committees to
18 select candidates.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 20A-14-104, as last amended by Chapter 315, Laws of Utah 2003
26 20A-14-105, as last amended by Chapter 315, Laws of Utah 2003
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 20A-14-104 is amended to read:
30 20A-14-104. Becoming a candidate for membership on the State Board of
31 Education -- Nominating and recruiting committees -- Membership -- Procedure --
32 Duties.
33 (1) (a) Persons interested in becoming a candidate for the State Board of Education
34 shall file a declaration of candidacy according to the procedures and requirements of Sections
35 20A-9-201 and 20A-9-202 .
36 (b) By May 1 of the year in which a State Board of Education member's term expires,
37 the lieutenant governor shall submit the name of each person who has filed a declaration of
38 candidacy for the State Board of Education to the nominating and recruiting committee for the
39 State Board of Education district in which the candidate resides.
40 [(2) (a) By November 1 of 2003 and every four years thereafter, a nominating and
41 recruiting committee consisting of 11 members, each to serve a four-year term, shall be
42 appointed as follows:]
43 [(i) one member appointed by the governing board of the Utah Farm Bureau;]
44 [(ii) one member appointed by the governing board of the Utah Manufacturer's
45 Association;]
46 [(iii) one member appointed by the governing board of the Utah Taxpayers
47 Association;]
48 [(iv) one member appointed by the governing board of the Utah State Chamber of
49 Commerce;]
50 [(v) one member jointly appointed by the governing boards of the Utah Food Industry
51 Association and Utah Retail Merchants Association;]
52 [(vi) one member appointed by the governing board of the American Federation of
53 Teachers/Utah;]
54 [(vii) one member appointed by the governing board of the Utah Education
55 Association;]
56 [(viii) one member appointed by the governing board of the Utah Parent Teacher
57 Association;]
58 [(ix) one member appointed by the governing board of the Utah School Boards

59 Association;]
60 [(x) one member appointed by the governing board of the Utah School Superintendents
61 Association; and]
62 [(xi) one at large member appointed by the governor.]
63 (2) (a) A nominating and recruiting committee for each state board district shall consist
64 of the local school board members who reside within the state board district.
65 (b) The members shall elect one member to serve as chair for the committee.
66 (3) (a) The chair, or another member of the committee designated by the chair, shall
67 schedule and convene all committee meetings.
68 (b) Any formal action by the committee requires the approval of a majority of
69 committee members.
70 (c) Members of the nominating and recruiting committee shall serve without
71 compensation, but they may be reimbursed for expenses incurred in the performance of their
72 official duties as established by the Division of Finance.
73 (4) [The] Each nominating and recruiting committee shall:
74 (a) recruit potential candidates for membership on the State Board of Education prior
75 to the deadline to file a declaration of candidacy;
76 [(b) prepare a list of candidates for membership on the State Board of Education for
77 each state board district subject to election in that year using the qualifications under
78 Subsection (5);]
79 [(c) submit a list of at least three candidates for each state board position to the
80 governor by July 1; and]
81 [(d) ensure that the list includes appropriate background information on each
82 candidate.]
83 (b) by August 1 of each regular general election year when its state board district is
84 subject to election in that year, select two candidates for the State Board of Education from the
85 names of those who filed a declaration of candidacy for its district; and
86 (c) certify the names of the two candidates from its school board district to the
87 lieutenant governor.
88 (5) [The] Each nominating committee shall select [a broad variety of] candidates who
89 possess outstanding professional qualifications relating to the powers and duties of the State

90 Board of Education[, including experience in the following areas:].
91 [(a) business and industry administration;]
92 [(b) business and industry human resource management;]
93 [(c) business and industry finance;]
94 [(d) business and industry, including expertise in:]
95 [(i) metrics and evaluation;]
96 [(ii) manufacturing;]
97 [(iii) retailing;]
98 [(iv) natural resources;]
99 [(v) information technology;]
100 [(vi) construction;]
101 [(vii) banking;]
102 [(viii) science and engineering; and]
103 [(ix) medical and healthcare;]
104 [(e) higher education administration;]
105 [(f) applied technology education;]
106 [(g) public education administration;]
107 [(h) public education instruction;]
108 [(i) economic development;]
109 [(j) labor; and]
110 [(k) other life experiences that would benefit the State Board of Education.]
111 Section 2. Section 20A-14-105 is amended to read:
112 20A-14-105. Becoming a candidate for membership on the State Board of
113 Education -- Selection of candidates by the governor -- Ballot placement.
114 [(1) By August 1 of each regular general election year, the governor shall:]
115 [(a) for each state board district subject to election in that year, select two candidates
116 for the State Board of Education from the lists submitted by the state board district nominating
117 and recruiting committee; and]
118 [(b) certify the names of the two candidates from each school board district to the
119 lieutenant governor.]
120 [(2)] (1) If [the governor] a nominating and recruiting committee fails to select two

121 candidates for a state board district by [September 1, the nominating and recruiting committee
122 shall] August 1 as provided in Section 20A-14-104 , the governor shall:
123 (a) select the two candidates; and
124 (b) notify the lieutenant governor of its selections by September 15.
125 [(3)] (2) The lieutenant governor shall:
126 (a) conduct a lottery to determine the order of the candidates' names on the ballot; and
127 (b) certify the names and order of the names to the county clerks for placement on the
128 nonpartisan section of the ballot.




Legislative Review Note
as of 1-14-04 10:06 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel