S.B. 13

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 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 General Description:
11 This bill modifies provisions of the Election Code by establishing residency
12 requirements for state and local boards of education.
13 Highlighted Provisions:
14 This bill:
15 . establishes residency requirements for state and local boards of education.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-14-103, as repealed and reenacted by Laws of Utah 2001, Second Special Session,
23 Chapter 2
24 20A-14-202, as last amended by Laws of Utah 2003, Chapter 315
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 20A-14-103 is amended to read:

28 20A-14-103. State Board of Education members -- When elected -- Qualifications
29 -- Avoiding conflicts of interest.
30 (1) (a) In 2002 and every four years thereafter, one member each shall be elected from
31 new Districts 2, 3, 5, 6, 9, 10, 14, and 15 to serve a four-year term.
32 (b) In 2004 and every four years thereafter, one member each shall be elected from new
33 Districts 4, 7, 8, 11, 12, and 13 to serve a four-year term.
34 (c) (i) Because of the combination of certain former districts, the state school board
35 members elected from old Districts 2 and 4 who will reside in new District 1 may not serve out
36 the term for which they were elected, but shall stand for election in 2002 for a term of office of
37 four years from the realigned district in which each resides.
38 (ii) If one of the incumbent state school board members from new District 1 indicates
39 in writing to the lieutenant governor that the school board member will not seek reelection, that
40 incumbent state school board member may serve until January 1, 2003 and the other incumbent
41 state school board member shall serve out the term for which the member was elected, which is
42 until January 1, 2005.
43 (2) A person seeking election to the state school board must have been a resident of the
44 state school board district in which the person is seeking election for at least one year as of the
45 date of the election.
46 [(2)] (3) A member shall:
47 (a) be and remain a registered voter in the state board district from which the member
48 was elected or appointed; and
49 (b) maintain [his] the member's primary residence within the state board district from
50 which the member was elected or appointed during the member's term of office.
51 [(3)] (4) A member of the State Board of Education may not, during the member's term
52 of office, also serve as an employee of:
53 (a) the board[,];
54 (b) the Utah State Office of Education[,]; or
55 (c) the Utah State Office of Rehabilitation.
56 Section 2. Section 20A-14-202 is amended to read:
57 20A-14-202. Local boards of education -- Membership -- When elected --
58 Qualifications -- Avoiding conflicts of interest.

59 (1) (a) Except as provided in Subsection (1)(b), the board of education of a school
60 district with a student population of up to 24,000 students shall consist of five members.
61 (b) The board of education of a school district with a student population of more than
62 10,000 students but fewer than 24,000 students shall increase from five to seven members
63 beginning with the 2004 regular general election.
64 (c) The board of education of a school district with a student population of 24,000 or
65 more students shall consist of seven members.
66 (d) Student population is based on the October 1 student count submitted by districts to
67 the State Office of Education.
68 (e) If the number of members of a local school board is required to change under
69 Subsection (1)(b), the board shall be reapportioned and elections conducted as provided in
70 Sections 20A-14-201 and 20A-14-203 .
71 (f) A school district which now has or increases to a seven-member board shall
72 maintain a seven-member board regardless of subsequent changes in student population.
73 (g) (i) Members of a local board of education shall be elected at each regular general
74 election.
75 (ii) Except as provided in Subsection (1)(g)(iii), no more than three members of a local
76 board of education may be elected to a five-member board, nor more than four members
77 elected to a seven-member board, in any election year.
78 (iii) More than three members of a local board of education may be elected to a
79 five-member board and more than four members elected to a seven-member board in any
80 election year only when required by reapportionment or to fill a vacancy or to implement
81 Subsection (1)(b).
82 (h) One member of the local board of education shall be elected from each local school
83 board district.
84 (2) A person seeking election to a local school board must have been a resident of the
85 local school board district in which the person is seeking election for at least one year as of the
86 date of the election.
87 [(2)] (3) A member of a local school board shall:
88 (a) be and remain a registered voter in the local school board district from which the
89 member is elected or appointed; and

90 (b) maintain [his] the member's primary residence within the local school board district
91 from which the member is elected or appointed during the member's term of office.
92 [(3)] (4) A member of a local school board may not, during the member's term in
93 office, also serve as an employee of that board.




Legislative Review Note
as of 10-18-07 7:36 AM

Office of Legislative Research and General Counsel