H.B. 345

1

STATE SCHOOL BOARD AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Karen W. Morgan
5
6 LONG TITLE
7 General Description:
8 This bill modifies quorum requirements for the State Board of Education nominating
9 and recruiting committee.
10 Highlighted Provisions:
11 This bill:
12 . specifies attendance requirements of the State Board of Education nominating and
13 recruiting committee members to constitute a quorum for the transaction of official
14 business; and
15 . requires the affirmative vote of a majority of committee members present to
16 constitute official action of the committee.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-14-104, as last amended by Chapter 19, Laws of Utah 2004
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 20A-14-104 is amended to read:
27 20A-14-104. Becoming a candidate for membership on the State Board of

28 Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.
29 (1) (a) Persons interested in becoming a candidate for the State Board of Education
30 shall file a declaration of candidacy according to the procedures and requirements of Sections
31 20A-9-201 and 20A-9-202 .
32 (b) By May 1 of the year in which a State Board of Education member's term expires,
33 the lieutenant governor shall submit the name of each person who has filed a declaration of
34 candidacy for the State Board of Education to the nominating and recruiting committee for the
35 State Board of Education.
36 (2) By November 1 of the year preceding each regular general election year, a
37 nominating and recruiting committee consisting of 12 members, each to serve a two-year term,
38 shall be appointed by the governor as follows:
39 (a) one member shall be appointed to represent each of the following business and
40 industry sectors:
41 (i) manufacturing and mining;
42 (ii) transportation and public utilities;
43 (iii) service, trade, and information technology;
44 (iv) finance, insurance, and real estate;
45 (v) construction; and
46 (vi) agriculture; and
47 (b) one member shall be appointed to represent each of the following education
48 sectors:
49 (i) teachers;
50 (ii) school administrators;
51 (iii) parents;
52 (iv) local school board members;
53 (v) charter schools; and
54 (vi) higher education.
55 (3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
56 through (vi) shall be appointed from lists containing at least two names submitted by
57 organizations representing each of the respective sectors.
58 (b) At least one member of the nominating and recruiting committee shall reside within

59 each state board district in which a member's term expires during the committee's two-year
60 term of office.
61 (4) (a) The members shall elect one member to serve as chair for the committee.
62 (b) The chair, or another member of the committee designated by the chair, shall
63 schedule and convene all committee meetings.
64 (c) Attendance of four or more members who represent business and industry sectors
65 and four or more members who represent education sectors constitute a quorum for the
66 transaction of official business.
67 [(c) Any formal action by the committee requires the approval of a majority of
68 committee members.]
69 (d) If a quorum is present when a vote is taken, the affirmative vote of a majority of
70 committee members is an official action of the committee.
71 [(d)] (e) Members of the nominating and recruiting committee shall serve without
72 compensation, but they may be reimbursed for expenses incurred in the performance of their
73 official duties as established by the Division of Finance.
74 (5) The nominating and recruiting committee shall:
75 (a) recruit potential candidates for membership on the State Board of Education prior
76 to the deadline to file a declaration of candidacy;
77 (b) prepare a list of candidates for membership on the State Board of Education for
78 each state board district subject to election in that year using the qualifications under
79 Subsection (6);
80 (c) submit a list of at least three candidates for each state board position to the
81 governor by July 1; and
82 (d) ensure that the list includes appropriate background information on each candidate.
83 (6) The nominating committee shall select a broad variety of candidates who possess
84 outstanding professional qualifications relating to the powers and duties of the State Board of
85 Education, including experience in the following areas:
86 (a) business and industry administration;
87 (b) business and industry human resource management;
88 (c) business and industry finance;
89 (d) business and industry, including expertise in:

90 (i) metrics and evaluation;
91 (ii) manufacturing;
92 (iii) retailing;
93 (iv) natural resources;
94 (v) information technology;
95 (vi) construction;
96 (vii) banking;
97 (viii) science and engineering; and
98 (ix) medical and healthcare;
99 (e) higher education administration;
100 (f) applied technology education;
101 (g) public education administration;
102 (h) public education instruction;
103 (i) economic development;
104 (j) labor; and
105 (k) other life experiences that would benefit the State Board of Education.




Legislative Review Note
as of 2-7-05 3:40 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel