Download Zipped Amended WordPerfect SB0013S01.ZIP
[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

First Substitute S.B. 13

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Jan 23, 2008 at 11:32 AM by rday. -->

Senator Peter C. Knudson proposes the following substitute bill:


             1     
CANDIDATE RESIDENCY REQUIREMENTS

             2     
2008 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Peter C. Knudson

             5     
House Sponsor: Douglas C. Aagard

             6     

             7      LONG TITLE
             8      General Description:
             9          This bill modifies provisions of the Election Code by establishing residency
             10      requirements for state and local boards of education.
             11      Highlighted Provisions:
             12          This bill:
             13          .    establishes residency requirements for state and local boards of education;
             14          .    provides that residency requirements for local boards of education are effective for
             15      elections held after the 2008 general election;
             16          .    and makes technical changes.
             17      Monies Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          This bill provides an immediate effective date.
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          20A-14-103, as repealed and reenacted by Laws of Utah 2001, Second Special Session,
             24      Chapter 2
             25          20A-14-202, as last amended by Laws of Utah 2003, Chapter 315



Text Box

- 2 -
Senate 3rd Reading Amendments 1-23-2008 rd/enw
             26
    

             27      Be it enacted by the Legislature of the state of Utah:
             28          Section 1. Section 20A-14-103 is amended to read:
             29           20A-14-103. State Board of Education members -- When elected -- Qualifications
             30      -- Avoiding conflicts of interest.
             31          (1) (a) In 2002 and every four years thereafter, one member each shall be elected from
             32      new Districts 2, 3, 5, 6, 9, 10, 14, and 15 to serve a four-year term.
             33          (b) In 2004 and every four years thereafter, one member each shall be elected from new
             34      Districts 4, 7, 8, 11, 12, and 13 to serve a four-year term.
             35          (c) (i) Because of the combination of certain former districts, the state school board
             36      members elected from old Districts 2 and 4 who will reside in new District 1 may not serve out
             37      the term for which they were elected, but shall stand for election in 2002 for a term of office of
             38      four years from the realigned district in which each resides.
             39          (ii) If one of the incumbent state school board members from new District 1 indicates
             40      in writing to the lieutenant governor that the school board member will not seek reelection, that
             41      incumbent state school board member may serve until January 1, 2003 and the other incumbent
             42      state school board member shall serve out the term for which the member was elected, which is
             43      until January 1, 2005.
             44          (2) S. (i) .S A person seeking election to the state school board must have been a resident
             44a      of the
             45      state school board district in which the person is seeking election for at least one year as of the
             46      date of the election.
             46a      S. (ii) A person who has resided within the state school board district, as the boundaries of
             46b      the district exist on the date of the election, for one year immediately preceding the date of the
             46c      election shall be considered to have met the requirements of this Subsection (2). .S
             47          [(2)] (3) A member shall:
             48          (a) be and remain a registered voter in the state board district from which the member
             49      was elected or appointed; and
             50          (b) maintain [his] the member's primary residence within the state board district from
             51      which the member was elected or appointed during the member's term of office.
             52          [(3)] (4) A member of the State Board of Education may not, during the member's term
             53      of office, also serve as an employee of:
             54          (a) the board[,];
             55          (b) the Utah State Office of Education[,]; or
             56          (c) the Utah State Office of Rehabilitation.



Text Box

- 3 -
Senate 3rd Reading Amendments 1-23-2008 rd/enw
             57
         Section 2. Section 20A-14-202 is amended to read:
             58           20A-14-202. Local boards of education -- Membership -- When elected --
             59      Qualifications -- Avoiding conflicts of interest.
             60          (1) (a) Except as provided in Subsection (1)(b), the board of education of a school
             61      district with a student population of up to 24,000 students shall consist of five members.
             62          (b) The board of education of a school district with a student population of more than
             63      10,000 students but fewer than 24,000 students shall increase from five to seven members
             64      beginning with the 2004 regular general election.
             65          (c) The board of education of a school district with a student population of 24,000 or
             66      more students shall consist of seven members.
             67          (d) Student population is based on the October 1 student count submitted by districts to
             68      the State Office of Education.
             69          (e) If the number of members of a local school board is required to change under
             70      Subsection (1)(b), the board shall be reapportioned and elections conducted as provided in
             71      Sections 20A-14-201 and 20A-14-203 .
             72          (f) A school district which now has or increases to a seven-member board shall
             73      maintain a seven-member board regardless of subsequent changes in student population.
             74          (g) (i) Members of a local board of education shall be elected at each regular general
             75      election.
             76          (ii) Except as provided in Subsection (1)(g)(iii), no more than three members of a local
             77      board of education may be elected to a five-member board, nor more than four members
             78      elected to a seven-member board, in any election year.
             79          (iii) More than three members of a local board of education may be elected to a
             80      five-member board and more than four members elected to a seven-member board in any
             81      election year only when required by reapportionment or to fill a vacancy or to implement
             82      Subsection (1)(b).
             83          (h) One member of the local board of education shall be elected from each local school
             84      board district.
             85          (2) S. (ii) .S For an election held after the 2008 general election, a person seeking
             85a      election to a
             86      local school board must have been a resident of the local school board district in which the
             87      person is seeking election for at least one year as of the date of the election.
             87a      S. (ii) A person who has resided within the local school board district, as the boundaries of
             87b      the district exist on the date of the election, for one year immediately preceding the date of the
             87c      election shall be considered to have met the requirements of this Subsection (2). .S



Text Box

- 4 -
             88
         [(2)] (3) A member of a local school board shall:
             89          (a) be and remain a registered voter in the local school board district from which the
             90      member is elected or appointed; and
             91          (b) maintain [his] the member's primary residence within the local school board district
             92      from which the member is elected or appointed during the member's term of office.
             93          [(3)] (4) A member of a local school board may not, during the member's term in
             94      office, also serve as an employee of that board.
             95          Section 3. Effective date.
             96          If approved by two-thirds of all the members elected to each house, this bill takes effect
             97      upon approval by the governor, or the day following the constitutional time limit of Utah
             98      Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
             99      the date of veto override.


[Bill Documents][Bills Directory]