S.B. 78

1

ALTERNATIVE SCHOOL BUILDING PLANS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: D. Chris Buttars
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill establishes a process for public input for and voter approval of school building
10 construction.
11 Highlighted Provisions:
12 This bill:
13 . requires a school district, prior to school building construction, to hold a public
14 hearing and to put selected building options on the ballot;
15 . provides for ballot procedures; and
16 . allows the school district's voters to select which option to authorize, if any.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 53A-20-109, Utah Code Annotated 1953
24 53A-20-110, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53A-20-109 is enacted to read:

28 53A-20-109. School building construction -- Public hearing.
29 (1) Before authorizing construction of a school building, a local school board shall
30 hold a public hearing that:
31 (a) has been publicized by the school district for at least two weeks prior to the hearing;
32 (b) includes a presentation, including a summary of 150 words or less, of at least four
33 different school building options; and
34 (c) allows for public comment on the presented options, their costs, and on other
35 potential school building options.
36 (2) The presentation and summary under Subsection (1)(b) shall, at a minimum,
37 include for each building:
38 (a) a general description of the building's plans;
39 (b) the building size;
40 (c) features unique to the building;
41 (d) estimated total cost; and
42 (e) financing plans, including bonds or other indebtedness anticipated.
43 Section 2. Section 53A-20-110 is enacted to read:
44 53A-20-110. School building construction -- Voter approval.
45 (1) No sooner than one week after conducting the public hearing under Section
46 53A-20-109 , the local school board shall hold a meeting to select, by majority vote of the
47 school board, two school building options with different costs to submit to the legal voters
48 residing within the boundaries of the school district.
49 (2) Upon selecting two school building options, the local school board shall submit to
50 the county clerk:
51 (a) a ballot title that summarizes the subject matter of the question; and
52 (b) the summary of 150 words or less for each of the two selected options to be voted
53 on.
54 (3) The local school board shall submit the information required under Subsection (2)
55 to the county clerk at least 60 days before the election date.
56 (4) The ballot question shall be submitted:
57 (a) to a vote of legal voters residing within the school district boundaries;
58 (b) in accordance with Title 20A, Election Code; and

59 (c) at the next regular general election or municipal general election, whichever is first.
60 (5) (a) The ballot question shall include:
61 (i) the ballot title;
62 (ii) the printed text of the opinion question; and
63 (iii) the words "Option 1," "Option 2," and "Neither," each followed by a square which
64 the voter may select or mark to indicate the vote.
65 (b) (i) A voter desiring to vote for building option 1 shall select or mark the appropriate
66 square opposite the word "Option 1."
67 (ii) A voter desiring to vote for building option 2 shall select or mark the appropriate
68 square opposite the word "Option 2."
69 (iii) A voter desiring to vote for neither building option shall select or mark the
70 appropriate square opposite the word "Neither."
71 (6) (a) A school district may only construct a school building option that receives the
72 highest number of votes in the election.
73 (b) If the number of votes for "Neither" exceeds the number of votes for either of the
74 two school building options:
75 (i) the school district may not authorize construction of the building; and
76 (ii) after holding a public hearing under Section 53A-20-109 , the school board may
77 submit the two options, one of the options and one different option, or two different options for
78 approval at a future regular general election or municipal general election, subject to the
79 requirements of this section.




Legislative Review Note
as of 1-10-06 9:56 AM

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