H.B. 144

1

SCHOOL DISTRICT SUPERINTENDENT
2 RETENTION ELECTIONS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kenneth W. Sumsion
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill requires retention elections for school district superintendents.
11 Highlighted Provisions:
12 This bill:
13 . requires school district superintendents to be subject to a retention election at the
14 first general election held more than two years after the superintendent was
15 appointed and at each subsequent general election;
16 . establishes retention election procedures;
17 . establishes campaign and financial reporting requirements; and
18 . prohibits a superintendent who is not retained from receiving:
19 . another appointment as the superintendent for that school district; and
20 . retirement, termination, or separation benefits and incentives, except for those
21 provided for all school district employees.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:

28 20A-11-1501, Utah Code Annotated 1953
29 20A-11-1502, Utah Code Annotated 1953
30 20A-11-1503, Utah Code Annotated 1953
31 20A-11-1504, Utah Code Annotated 1953
32 20A-11-1505, Utah Code Annotated 1953
33 20A-14-301, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 20A-11-1501 is enacted to read:
37 Part 15. School District Superintendent Retention Elections
38 20A-11-1501. School district superintendent appointees -- Retention elections.
39 (1) Each school district superintendent retention election candidate shall deposit each
40 contribution and public service assistance received in one or more separate accounts in a
41 financial institution that are dedicated only to that purpose.
42 (2) A superintendent may not deposit or mingle any contributions or public service
43 assistance received into a personal or business account.
44 (3) A superintendent may not make any political expenditures prohibited by law.
45 (4) If a superintendent who is no longer a retention election candidate chooses not to
46 expend the monies remaining in his campaign account, the superintendent shall continue to file
47 the year-end summary report required by Section 20A-11-1502 until the statement of
48 dissolution and final summary report required by Section 20A-11-1504 are filed with the
49 county clerk.
50 Section 2. Section 20A-11-1502 is enacted to read:
51 20A-11-1502. Superintendent retention election candidates -- Financial reporting
52 requirements -- Year-end summary report.
53 (1) Each superintendent retention election candidate shall file a summary report with
54 the county clerk by 5 p.m. on January 5 of the year after the regular general election year.
55 (2) (a) Each summary report shall include the following information as of December 31
56 of the last regular general election year:
57 (i) the net balance of the last summary report, if any;
58 (ii) a single figure equal to the total amount of receipts reported on all interim reports,

59 if any, during the calendar year in which the summary report is due;
60 (iii) a single figure equal to the total amount of expenditures reported on all interim
61 reports, if any, filed during the election year;
62 (iv) a detailed listing of each receipt, contribution, and public service assistance since
63 the last summary report that has not been reported in detail on an interim report;
64 (v) for each nonmonetary contribution, the fair market value of the contribution;
65 (vi) a detailed listing of each expenditure made since the last summary report that has
66 not been reported in detail on an interim report;
67 (vii) for each nonmonetary expenditure, the fair market value of the expenditure; and
68 (viii) a net balance for the year consisting of the net balance from the last summary
69 report, if any, plus all receipts minus all expenditures.
70 (b) (i) For all individual contributions or public service assistance of $50 or less, a
71 single aggregate figure may be reported without separate detailed listings.
72 (ii) Two or more contributions from the same source that have an aggregate total of
73 more than $50 may not be reported in the aggregate, but shall be reported separately.
74 (c) In preparing the report, all receipts and expenditures shall be reported as of
75 December 31 of the last regular general election year.
76 (3) The summary report shall contain a paragraph signed by the superintendent
77 retention election candidate certifying that, to the best of the superintendent retention election
78 candidate's knowledge, all receipts and all expenditures have been reported as of December 31
79 of the last regular general election year and that there are no bills or obligations outstanding
80 and unpaid except as set forth in that report.
81 Section 3. Section 20A-11-1503 is enacted to read:
82 20A-11-1503. Superintendent retention election candidates -- Financial reporting
83 requirements -- Interim reports.
84 (1) Each superintendent retention election candidate shall file an interim report with
85 the county clerk no later than 5 p.m. on the date seven days before the regular general election
86 date in any year in which the superintendent is a retention election candidate.
87 (2) Each interim report shall include the following information:
88 (a) the net balance of the last summary report, if any;
89 (b) a single figure equal to the total amount of receipts reported on all prior interim

90 reports, if any, during the calendar year in which the interim report is due;
91 (c) a single figure equal to the total amount of expenditures reported on all prior
92 interim reports, if any, filed during the calendar year in which the interim report is due;
93 (d) a detailed listing of each contribution and public service assistance received since
94 the last summary report that has not been reported in detail on a prior interim report;
95 (e) for each nonmonetary contribution, the fair market value of the contribution;
96 (f) a detailed listing of each expenditure made since the last summary report that has
97 not been reported in detail on a prior interim report;
98 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
99 (h) a net balance for the year consisting of the net balance from the last summary
100 report, if any, plus all receipts since the last summary report minus all expenditures since the
101 last summary report; and
102 (i) a summary page in the form required by the county clerk that identifies:
103 (i) beginning balance;
104 (ii) total contributions during the period since the last statement;
105 (iii) total contributions to date;
106 (iv) total expenditures during the period since the last statement; and
107 (v) total expenditures to date.
108 (3) (a) For all individual contributions or public service assistance of $50 or less, a
109 single aggregate figure may be reported without separate detailed listings.
110 (b) Two or more contributions from the same source that have an aggregate total of
111 more than $50 may not be reported in the aggregate, but shall be reported separately.
112 (4) In preparing each interim report, all receipts and expenditures shall be reported as
113 of three days before the required filing date of the report.
114 Section 4. Section 20A-11-1504 is enacted to read:
115 20A-11-1504. Superintendent retention election candidate -- Financial reporting
116 requirements -- Termination of duty to report.
117 (1) Each superintendent retention election candidate is subject to interim reporting
118 requirements until the candidate withdraws.
119 (2) Each superintendent retention election candidate is subject to year-end summary
120 reporting requirements until the candidate has filed a statement of dissolution with the county

121 clerk stating that:
122 (a) the superintendent retention election candidate is no longer receiving contributions
123 and is no longer making expenditures;
124 (b) the ending balance on the last summary report filed is zero and the balance in the
125 separate bank account required in Section 20A-11-1501 is zero; and
126 (c) a final summary report in the form required by Section 20A-11-1502 showing a
127 zero balance is attached to the statement of dissolution.
128 (3) A statement of dissolution and a final summary report may be filed at any time.
129 (4) Each superintendent retention election candidate shall continue to file the year-end
130 summary report required by Section 20A-11-1502 until the statement of dissolution and final
131 summary report required by this section are filed.
132 Section 5. Section 20A-11-1505 is enacted to read:
133 20A-11-1505. Superintendent retention election candidates -- Failure to file
134 statement -- Name not printed on ballot -- Filling vacancy.
135 (1) (a) If a superintendent retention election candidate fails to file an interim report due
136 before the regular general election, the chief election officer shall, after making a reasonable
137 attempt to discover if the report was timely mailed, inform the county clerk and other
138 appropriate election officials who:
139 (i) shall, if practicable, remove the name of the candidate by blacking out the
140 candidate's name before the ballots are delivered to voters; or
141 (ii) shall, if removing the candidate's name from the ballot is not practicable, inform
142 the voters by any practicable method that the candidate has been disqualified and that votes
143 cast for the candidate will not be counted; and
144 (iii) may not count any votes for that candidate.
145 (b) Any superintendent retention election candidate who fails to timely file a financial
146 statement required by this part is disqualified.
147 (c) Notwithstanding Subsections (1)(a) and (b), a superintendent retention election
148 candidate is not disqualified if:
149 (i) the candidate files the reports required by this section;
150 (ii) those reports are completed, detailing accurately and completely the information
151 required by this part except for inadvertent omissions or insignificant errors or inaccuracies;

152 and
153 (iii) those omissions, errors, or inaccuracies are corrected in an amended report or in
154 the next scheduled report.
155 (2) (a) Within 30 days after a deadline for the filing of a summary report, the county
156 clerk shall review each filed summary report to ensure that:
157 (i) each superintendent retention election candidate that is required to file a summary
158 report has filed one; and
159 (ii) each summary report contains the information required by this part.
160 (b) If it appears that any superintendent retention election candidate has failed to file
161 the summary report required by law, if it appears that a filed summary report does not conform
162 to the law, or if the county clerk has received a written complaint alleging a violation of the law
163 or the falsity of any summary report, the county clerk shall, within five days of discovery of a
164 violation or receipt of a written complaint, notify the superintendent retention election
165 candidate of the violation or written complaint and direct the superintendent retention election
166 candidate to file a summary report correcting the problem.
167 (c) (i) It is unlawful for any superintendent retention election candidate to fail to file or
168 amend a summary report within 14 days after receiving notice from the county clerk under this
169 section.
170 (ii) Each superintendent retention election candidate who violates Subsection (2)(c)(i)
171 is guilty of a class B misdemeanor.
172 (iii) The county clerk shall report all violations of Subsection (2)(c)(i) to the district or
173 county attorney.
174 Section 6. Section 20A-14-301 is enacted to read:
175 Part 3. School District Superintendent Retention Elections
176 20A-14-301. School district superintendent appointees -- Retention elections.
177 (1) (a) Each superintendent appointed for a school district in accordance with Section
178 53A-3-301 is subject to an unopposed retention election at the first general election held more
179 than two years after the superintendent was appointed.
180 (b) After the first retention election, the superintendent shall be on the regular general
181 election ballot for an unopposed retention election every general election year.
182 (2) Each superintendent who wishes to retain office shall, in the year the

183 superintendent is subject to a retention election:
184 (a) file a declaration of candidacy as if a candidate for county office in accordance with
185 Section 20A-9-202 ; and
186 (b) pay a filing fee of $25.
187 (3) A county clerk shall place the name of the superintendent standing for retention
188 election in the nonpartisan section of the ballot within the school district boundaries in the
189 county.
190 (4) At the general election, the ballots shall contain, as to the superintendent to be
191 voted on by the voters within the school district boundaries in the county, the following
192 question:
193 "Shall ______________________________(name of superintendent) be retained in the
194 office of Superintendent of the __________________ (name of school district) School
195 District?
196 Yes ( )
197 No ( )."
198 (5) (a) If the superintendent receives more yes votes than no votes, the superintendent
199 is retained for the term of office provided by law.
200 (b) If the superintendent does not receive more yes votes than no votes, the
201 superintendent is not retained, and a vacancy exists in the office on the first Monday in January
202 after the regular general election.
203 (6) A superintendent not retained is ineligible for:
204 (a) another appointment as the superintendent for that school district; and
205 (b) retirement, termination, or separation benefits and incentives, except for those
206 provided for all school district employees.




Legislative Review Note
as of 1-17-07 2:19 PM

Office of Legislative Research and General Counsel