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6
7 LONG TITLE
8 General Description:
9 This bill changes the method, and related provisions, for electing members to the State
10 Board of Education.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ provides that members of the State Board of Education are elected by electors
15 chosen from members of the boards of local school districts;
16 ▸ removes provisions relating to the State Board of Education from the Election
17 Code;
18 ▸ describes the process for choosing electors;
19 ▸ describes the qualifications to become and remain a member of the State Board of
20 Education;
21 ▸ establishes State Board of Education districts;
22 ▸ provides for filling a mid-term vacancy;
23 ▸ requires a candidate for, or member of, the State Board of Education to file financial
24 reports and to disclose conflict of interest information; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 20A-1-201, as last amended by Laws of Utah 2014, Chapter 362
33 20A-1-201.5, as last amended by Laws of Utah 2013, Chapter 320
34 20A-1-404, as last amended by Laws of Utah 2008, Chapter 13
35 20A-2-101.5, as last amended by Laws of Utah 2013, Chapter 263
36 20A-9-201, as last amended by Laws of Utah 2014, Chapter 17
37 20A-11-101, as last amended by Laws of Utah 2014, Chapters 18, 158, and 337
38 20A-11-402, as last amended by Laws of Utah 2013, Chapter 320
39 20A-11-403, as last amended by Laws of Utah 2013, Chapter 420
40 20A-11-1603, as last amended by Laws of Utah 2014, Chapter 18
41 53A-1-101, as last amended by Laws of Utah 2010, Chapter 162
42 53A-1-201, as last amended by Laws of Utah 2013, Chapter 111
43 53A-1a-506, as last amended by Laws of Utah 2014, Chapters 291, 363, and 406
44 53A-3-101, as repealed and reenacted by Laws of Utah 1995, Chapter 1
45 53A-11-102.5, as last amended by Laws of Utah 2010, Chapter 210
46 53A-15-1202, as last amended by Laws of Utah 2012, Chapter 238
47 ENACTS:
48 20A-14-101.2, Utah Code Annotated 1953
49 53A-1-107, Utah Code Annotated 1953
50 53A-1-114, Utah Code Annotated 1953
51 53A-1-115, Utah Code Annotated 1953
52 53A-1-116, Utah Code Annotated 1953
53 53A-1-117, Utah Code Annotated 1953
54 RENUMBERS AND AMENDS:
55 53A-1-108, (Renumbered from 20A-14-103, as last amended by Laws of Utah 2011,
56 Third Special Session, Chapter 3)
57 53A-1-109, (Renumbered from 20A-11-1301, as last amended by Laws of Utah 2014,
58 Chapters 335 and 337)
59 53A-1-110, (Renumbered from 20A-11-1302, as last amended by Laws of Utah 2011,
60 Chapter 347)
61 53A-1-111, (Renumbered from 20A-11-1303, as last amended by Laws of Utah 2014,
62 Chapter 337)
63 53A-1-112, (Renumbered from 20A-11-1304, as enacted by Laws of Utah 1997,
64 Chapter 355)
65 53A-1-113, (Renumbered from 20A-11-1305, as last amended by Laws of Utah 2014,
66 Chapter 337)
67 REPEALS:
68 20A-1-507, as enacted by Laws of Utah 1993, Chapter 1
69 20A-14-101.1, as last amended by Laws of Utah 2013, Chapter 455
70 20A-14-101.5, as last amended by Laws of Utah 2013, Chapter 455
71 20A-14-102, as last amended by Laws of Utah 2013, Chapter 455
72 20A-14-102.1, as last amended by Laws of Utah 2013, Chapter 455
73 20A-14-102.2, as last amended by Laws of Utah 2013, Chapter 455
74 20A-14-102.3, as last amended by Laws of Utah 2013, Chapter 455
75 20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
76 20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
77 amended by Coordination Clause, Laws of Utah 2011, Chapter 327
78 20A-14-106, as enacted by Laws of Utah 1995, Chapter 1
79
80 Be it enacted by the Legislature of the state of Utah:
81 Section 1. Section 20A-1-201 is amended to read:
82 20A-1-201. Date and purpose of regular general elections.
83 (1) A regular general election shall be held throughout the state on the first Tuesday
84 after the first Monday in November of each even-numbered year.
85 (2) At the regular general election, the voters shall:
86 (a) choose persons to serve the terms established by law for the following offices:
87 (i) electors of President and Vice President of the United States;
88 (ii) United States Senators;
89 (iii) Representatives to the United States Congress;
90 (iv) governor, lieutenant governor, attorney general, state treasurer, and state auditor;
91 (v) senators and representatives to the Utah Legislature;
92 (vi) county officers;
93 [
94 [
95 [
96 and
97 [
98 (b) approve or reject:
99 (i) any proposed amendments to the Utah Constitution that have qualified for the ballot
100 under procedures established in the Utah Code;
101 (ii) any proposed initiatives or referenda that have qualified for the ballot under
102 procedures established in the Utah Code; and
103 (iii) any other ballot propositions submitted to the voters that are authorized by the
104 Utah Code.
105 (3) This section:
106 (a) applies to a special service district for which the county legislative body or the
107 municipal legislative body, as applicable, has delegated authority for the special service district
108 to an administrative control board; and
109 (b) does not apply to a special service district for which the county legislative body or
110 the municipal legislative body, as applicable, has not delegated authority for the special service
111 district to an administrative control board.
112 Section 2. Section 20A-1-201.5 is amended to read:
113 20A-1-201.5. Primary election dates.
114 (1) A regular primary election shall be held throughout the state on the fourth Tuesday
115 of June of each even numbered year as provided in Section 20A-9-403, to nominate persons for
116 national, state, local school board, and county offices.
117 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
118 following the first Monday in August before the regular municipal election to nominate persons
119 for municipal offices.
120 (3) If the Legislature makes an appropriation for a Western States Presidential Primary
121 election, the Western States Presidential Primary election shall be held throughout the state on
122 the first Tuesday in February in the year in which a presidential election will be held.
123 Section 3. Section 20A-1-404 is amended to read:
124 20A-1-404. Election controversies.
125 (1) (a) (i) Whenever any controversy occurs between any election officer or other
126 person or entity charged with any duty or function under this title and any candidate, or the
127 officers or representatives of any political party, or persons who have made nominations, either
128 party to the controversy may file a verified petition with the district court.
129 (ii) If a petition is filed, the petitioner shall serve a copy of the petition on the
130 respondents on the same day that the petition is filed with the court.
131 (b) The verified petition shall identify concisely the nature of the controversy and the
132 relief sought.
133 (2) After reviewing the petition, the court shall:
134 (a) issue an order commanding the respondent named in the petition to appear before
135 the court to answer, under oath, to the petition;
136 (b) summarily hear and dispose of any issues raised by the petition to obtain:
137 (i) strict compliance with all filing deadlines for financial disclosure reports under:
138 (A) Section 10-3-208, regarding campaign finance statements in municipal elections;
139 (B) Section 17-16-6.5, regarding campaign finance statements for county offices;
140 (C) Title 20A, Chapter 11, Part 2, State Office Candidates - Campaign Organization
141 and Financial Reporting Requirements;
142 (D) Title 20A, Chapter 11, Part 3, Candidates for Legislative Office - Campaign
143 Organization and Financial Reporting Requirements;
144 (E) Title 20A, Chapter 11, Part 4, Officeholder Financial Reporting Requirements;
145 (F) Title 20A, Chapter 11, Part 5, Political Party Registration and Financial Reporting
146 Requirements;
147 (G) Title 20A, Chapter 11, Part 6, Political Action Committee Registration and
148 Financial Reporting Requirements;
149 (H) Title 20A, Chapter 11, Part 7, Campaign Financial Reporting by Corporations;
150 (I) Title 20A, Chapter 11, Part 8, Political Issues Committees - Registration and
151 Financial Reporting; and
152 [
153 [
154 Requirements for Judicial Retention Elections; and
155 (ii) substantial compliance with all other provisions of this title by the parties to the
156 controversy; and
157 (c) make and enter orders and judgments, and issue the process of the court to enforce
158 all of those orders and judgments.
159 Section 4. Section 20A-2-101.5 is amended to read:
160 20A-2-101.5. Convicted felons -- Restoration of right to vote and right to hold
161 office.
162 (1) As used in this section, "convicted felon" means [
163 of a felony in any state or federal court of the United States.
164 (2) Each convicted felon's right to register to vote and to vote in an election is restored
165 when:
166 (a) the felon is sentenced to probation;
167 (b) the felon is granted parole; or
168 (c) the felon has successfully completed the term of incarceration to which the felon
169 was sentenced.
170 (3) Except as provided by Subsection (4), a convicted felon's right to hold elective
171 office is restored when:
172 (a) all of the felon's felony convictions have been expunged; or
173 (b) (i) 10 years have passed since the date of the felon's most recent felony conviction;
174 (ii) the felon has paid all court-ordered restitution and fines; and
175 (iii) for each felony conviction that has not been expunged, the felon has:
176 (A) completed probation in relation to the felony;
177 (B) been granted parole in relation to the felony; or
178 (C) successfully completed the term of incarceration associated with the felony.
179 (4) An individual who has been convicted of a grievous sexual offense, as defined in
180 Section 76-1-601, against a child, may not hold the office of [
181
182 Section 5. Section 20A-9-201 is amended to read:
183 20A-9-201. Declarations of candidacy -- Candidacy for more than one office or of
184 more than one political party prohibited with exceptions -- General filing and form
185 requirements -- Affidavit of impecuniosity.
186 (1) Before filing a declaration of candidacy for election to any office, [
187 individual shall:
188 (a) be a United States citizen;
189 (b) meet the legal requirements of that office; and
190 (c) if seeking a registered political party's nomination as a candidate for elective office,
191 designate that registered political party as their preferred party affiliation on their declaration of
192 candidacy.
193 (2) (a) Except as provided in Subsection (2)(b), [
194 (i) file a declaration of candidacy for, or be a candidate for, more than one office in
195 Utah during any election year; or
196 (ii) appear on the ballot as the candidate of more than one political party.
197 (b) (i) [
198 candidate for, president or vice president of the United States and another office, if the [
199 individual resigns the [
200 individual is officially nominated for president or vice president of the United States.
201 (ii) [
202 for, more than one justice court judge office.
203 (iii) [
204 governor even if the [
205 the same election year if the [
206 accordance with Subsection 20A-9-202(6) before filing the declaration of candidacy for
207 lieutenant governor.
208 (3) (a) (i) Except for presidential candidates, before the filing officer may accept any
209 declaration of candidacy, the filing officer shall:
210 (A) read to the prospective candidate the constitutional and statutory qualification
211 requirements for the office that the candidate is seeking; and
212 (B) require the candidate to state whether or not the candidate meets those
213 requirements.
214 (ii) Before accepting a declaration of candidacy for the office of county attorney, the
215 county clerk shall ensure that the [
216 (A) a United States citizen;
217 (B) an attorney licensed to practice law in Utah who is an active member in good
218 standing of the Utah State Bar;
219 (C) a registered voter in the county in which the [
220 and
221 (D) a current resident of the county in which the [
222 and either has been a resident of that county for at least one year or was appointed and is
223 currently serving as county attorney and became a resident of the county within 30 days after
224 appointment to the office.
225 (iii) Before accepting a declaration of candidacy for the office of district attorney, the
226 county clerk shall ensure that, as of the date of the election, the [
227 declaration of candidacy is:
228 (A) a United States citizen;
229 (B) an attorney licensed to practice law in Utah who is an active member in good
230 standing of the Utah State Bar;
231 (C) a registered voter in the prosecution district in which the [
232 seeking office; and
233 (D) a current resident of the prosecution district in which the [
234 seeking office and either will have been a resident of that prosecution district for at least one
235 year as of the date of the election or was appointed and is currently serving as district attorney
236 and became a resident of the prosecution district within 30 days after receiving appointment to
237 the office.
238 (iv) Before accepting a declaration of candidacy for the office of county sheriff, the
239 county clerk shall ensure that the [
240 (A) as of the date of filing:
241 (I) is a United States citizen;
242 (II) is a registered voter in the county in which the [
243 (III) (Aa) has successfully met the standards and training requirements established for
244 law enforcement officers under Title 53, Chapter 6, Part 2, Peace Officer Training and
245 Certification Act; or
246 (Bb) has met the waiver requirements in Section 53-6-206; and
247 (IV) is qualified to be certified as a law enforcement officer, as defined in Section
248 53-13-103; and
249 (B) as of the date of the election, shall have been a resident of the county in which the
250 person seeks office for at least one year.
251 (v) Before accepting a declaration of candidacy for the office of governor, lieutenant
252 governor, state auditor, state treasurer, attorney general, or state legislator, [
253
254 (A) that the [
255 financial disclosure required by Section 20A-11-1603; and
256 (B) if the filing officer is not the lieutenant governor, that the financial disclosure is
257 provided to the lieutenant governor according to the procedures and requirements of Section
258 20A-11-1603.
259 (b) If the prospective candidate states that the qualification requirements for the office
260 are not met, the filing officer may not accept the prospective candidate's declaration of
261 candidacy.
262 (c) If the candidate meets the requirements of Subsection (3)(a) and states that the
263 requirements of candidacy are met, the filing officer shall:
264 (i) inform the candidate that:
265 (A) the candidate's name will appear on the ballot as it is written on the declaration of
266 candidacy;
267 (B) the candidate may be required to comply with state or local campaign finance
268 disclosure laws; and
269 (C) the candidate is required to file a financial statement before the candidate's political
270 convention under:
271 (I) Section 20A-11-204 for a candidate for constitutional office;
272 (II) Section 20A-11-303 for a candidate for the Legislature; or
273 (III) local campaign finance disclosure laws, if applicable;
274 (ii) except for a presidential candidate, provide the candidate with a copy of the current
275 campaign financial disclosure laws for the office the candidate is seeking and inform the
276 candidate that failure to comply will result in disqualification as a candidate and removal of the
277 candidate's name from the ballot;
278 (iii) provide the candidate with a copy of Section 20A-7-801 regarding the Statewide
279 Electronic Voter Information Website Program and inform the candidate of the submission
280 deadline under Subsection 20A-7-801(4)(a);
281 (iv) provide the candidate with a copy of the pledge of fair campaign practices
282 described under Section 20A-9-206 and inform the candidate that:
283 (A) signing the pledge is voluntary; and
284 (B) signed pledges shall be filed with the filing officer;
285 (v) accept the candidate's declaration of candidacy; and
286 (vi) if the candidate has filed for a partisan office, provide a certified copy of the
287 declaration of candidacy to the chair of the county or state political party of which the
288 candidate is a member.
289 (d) If the candidate elects to sign the pledge of fair campaign practices, the filing
290 officer shall:
291 (i) accept the candidate's pledge; and
292 (ii) if the candidate has filed for a partisan office, provide a certified copy of the
293 candidate's pledge to the chair of the county or state political party of which the candidate is a
294 member.
295 (4) (a) Except for presidential candidates, the form of the declaration of candidacy shall
296 be substantially as follows:
297 "State of Utah, County of ____
298 I, ______________, declare my candidacy for the office of ____, seeking the
299 nomination of the ____ party, which is my preferred political party affiliation. I do
300 solemnly swear that: I will meet the qualifications to hold the office, both legally and
301 constitutionally, if selected; I reside at _____________ in the City or Town of ____,
302 Utah, Zip Code ____ Phone No. ____; I will not knowingly violate any law governing
303 campaigns and elections; I will file all campaign financial disclosure reports as required
304 by law; and I understand that failure to do so will result in my disqualification as a
305 candidate for this office and removal of my name from the ballot. The mailing address
306 that I designate for receiving official election notices is
307 ___________________________.
308 ____________________________________________________________________
309 Subscribed and sworn before me this __________(month\day\year).
310
Notary Public (or other officer qualified to administer oath.)"
311 (b) An agent designated to file a declaration of candidacy under Section 20A-9-202
312 may not sign the form described in Subsection (4)(a).
313 (5) (a) Except for presidential candidates, the fee for filing a declaration of candidacy
314 is:
315 (i) $50 for candidates for the local school district board; and
316 (ii) $50 plus 1/8 of 1% of the total salary for the full term of office legally paid to the
317 person holding the office for all other federal, state, and county offices.
318 (b) Except for presidential candidates, the filing officer shall refund the filing fee to
319 any candidate:
320 (i) who is disqualified; or
321 (ii) who the filing officer determines has filed improperly.
322 (c) (i) The county clerk shall immediately pay to the county treasurer all fees received
323 from candidates.
324 (ii) The lieutenant governor shall:
325 (A) apportion to and pay to the county treasurers of the various counties all fees
326 received for filing of nomination certificates or acceptances; and
327 (B) ensure that each county receives that proportion of the total amount paid to the
328 lieutenant governor from the congressional district that the total vote of that county for all
329 candidates for representative in Congress bears to the total vote of all counties within the
330 congressional district for all candidates for representative in Congress.
331 (d) (i) [
332 declaration of candidacy without payment of the filing fee upon a prima facie showing of
333 impecuniosity as evidenced by an affidavit of impecuniosity filed with the filing officer and, if
334 requested by the filing officer, a financial statement filed at the time the affidavit is submitted.
335 (ii) [
336 impecuniosity.
337 (iii) (A) False statements made on an affidavit of impecuniosity or a financial
338 statement filed under this section shall be subject to the criminal penalties provided under
339 Sections 76-8-503 and 76-8-504 and any other applicable criminal provision.
340 (B) Conviction of a criminal offense under Subsection (5)(d)(iii)(A) shall be
341 considered an offense under this title for the purposes of assessing the penalties provided in
342 Subsection 20A-1-609(2).
343 (iv) The filing officer shall ensure that the affidavit of impecuniosity is printed in
344 substantially the following form:
345 "Affidavit of Impecuniosity
346 Individual Name
347 ____________________________Address_____________________________
348 Phone Number _________________
349 I,__________________________(name), do solemnly [swear] [affirm], under penalty of law
350 for false statements, that, owing to my poverty, I am unable to pay the filing fee required by
351 law.
352 Date ______________ Signature________________________________________________
353 Affiant
354 Subscribed and sworn to before me on ___________ (month\day\year)
355
______________________
356
(signature)
357 Name and Title of Officer Authorized to Administer Oath
______________________"
358 (v) The filing officer shall provide to [
359 of impecuniosity a statement printed in substantially the following form, which may be
360 included on the affidavit of impecuniosity:
361 "Filing a false statement is a criminal offense. In accordance with Section 20A-1-609, a
362 candidate who is found guilty of filing a false statement, in addition to being subject to criminal
363 penalties, will be removed from the ballot."
364 (vi) The filing officer may request that [
365 impecuniosity under this Subsection (5)(d) file a financial statement on a form prepared by the
366 election official.
367 (6) (a) If there is no legislative appropriation for the Western States Presidential
368 Primary election, as provided in Part 8, Western States Presidential Primary, a candidate for
369 president of the United States who is affiliated with a registered political party and chooses to
370 participate in the regular primary election shall:
371 (i) file a declaration of candidacy, in person or via a designated agent, with the
372 lieutenant governor:
373 (A) on a form developed and provided by the lieutenant governor; and
374 (B) on or after the second Friday in March and before 5 p.m. on the third Thursday in
375 March before the next regular primary election;
376 (ii) identify the registered political party whose nomination the candidate is seeking;
377 (iii) provide a letter from the registered political party certifying that the candidate may
378 participate as a candidate for that party in that party's presidential primary election; and
379 (iv) pay the filing fee of $500.
380 (b) An agent designated to file a declaration of candidacy may not sign the form
381 described in Subsection (6)(a)(i)(A).
382 (7) [
383 certificate of nomination within the time provided in this chapter is ineligible for nomination to
384 office.
385 (8) A declaration of candidacy filed under this section may not be amended or
386 modified after the final date established for filing a declaration of candidacy.
387 Section 6. Section 20A-11-101 is amended to read:
388 20A-11-101. Definitions.
389 As used in this chapter:
390 (1) "Address" means the number and street where an individual resides or where a
391 reporting entity has its principal office.
392 (2) "Agent of a reporting entity" means:
393 (a) a person acting on behalf of a reporting entity at the direction of the reporting
394 entity;
395 (b) a person employed by a reporting entity in the reporting entity's capacity as a
396 reporting entity;
397 (c) the personal campaign committee of a candidate or officeholder;
398 (d) a member of the personal campaign committee of a candidate or officeholder in the
399 member's capacity as a member of the personal campaign committee of the candidate or
400 officeholder; or
401 (e) a political consultant of a reporting entity.
402 (3) "Ballot proposition" includes initiatives, referenda, proposed constitutional
403 amendments, and any other ballot propositions submitted to the voters that are authorized by
404 the Utah Code Annotated 1953.
405 (4) "Candidate" means any person who:
406 (a) files a declaration of candidacy for a public office; or
407 (b) receives contributions, makes expenditures, or gives consent for any other person to
408 receive contributions or make expenditures to bring about the person's nomination or election
409 to a public office.
410 (5) "Chief election officer" means:
411 (a) the lieutenant governor for state office candidates, legislative office candidates,
412 officeholders, political parties, political action committees, corporations, political issues
413 committees, [
414 Section 20A-11-1501; and
415 (b) the county clerk for local school board candidates.
416 (6) (a) "Contribution" means any of the following when done for political purposes:
417 (i) a gift, subscription, donation, loan, advance, or deposit of money or anything of
418 value given to the filing entity;
419 (ii) an express, legally enforceable contract, promise, or agreement to make a gift,
420 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
421 anything of value to the filing entity;
422 (iii) any transfer of funds from another reporting entity to the filing entity;
423 (iv) compensation paid by any person or reporting entity other than the filing entity for
424 personal services provided without charge to the filing entity;
425 (v) remuneration from:
426 (A) any organization or its directly affiliated organization that has a registered lobbyist;
427 or
428 (B) any agency or subdivision of the state, including school districts;
429 (vi) a loan made by a candidate deposited to the candidate's own campaign; and
430 (vii) in-kind contributions.
431 (b) "Contribution" does not include:
432 (i) services provided by individuals volunteering a portion or all of their time on behalf
433 of the filing entity if the services are provided without compensation by the filing entity or any
434 other person;
435 (ii) money lent to the filing entity by a financial institution in the ordinary course of
436 business; or
437 (iii) goods or services provided for the benefit of a candidate or political party at less
438 than fair market value that are not authorized by or coordinated with the candidate or political
439 party.
440 (7) "Coordinated with" means that goods or services provided for the benefit of a
441 candidate or political party are provided:
442 (a) with the candidate's or political party's prior knowledge, if the candidate or political
443 party does not object;
444 (b) by agreement with the candidate or political party;
445 (c) in coordination with the candidate or political party; or
446 (d) using official logos, slogans, and similar elements belonging to a candidate or
447 political party.
448 (8) (a) "Corporation" means a domestic or foreign, profit or nonprofit, business
449 organization that is registered as a corporation or is authorized to do business in a state and
450 makes any expenditure from corporate funds for:
451 (i) the purpose of expressly advocating for political purposes; or
452 (ii) the purpose of expressly advocating the approval or the defeat of any ballot
453 proposition.
454 (b) "Corporation" does not mean:
455 (i) a business organization's political action committee or political issues committee; or
456 (ii) a business entity organized as a partnership or a sole proprietorship.
457 (9) "County political party" means, for each registered political party, all of the persons
458 within a single county who, under definitions established by the political party, are members of
459 the registered political party.
460 (10) "County political party officer" means a person whose name is required to be
461 submitted by a county political party to the lieutenant governor in accordance with Section
462 20A-8-402.
463 (11) "Detailed listing" means:
464 (a) for each contribution or public service assistance:
465 (i) the name and address of the individual or source making the contribution or public
466 service assistance;
467 (ii) the amount or value of the contribution or public service assistance; and
468 (iii) the date the contribution or public service assistance was made; and
469 (b) for each expenditure:
470 (i) the amount of the expenditure;
471 (ii) the person or entity to whom it was disbursed;
472 (iii) the specific purpose, item, or service acquired by the expenditure; and
473 (iv) the date the expenditure was made.
474 (12) (a) "Donor" means a person that gives money, including a fee, due, or assessment
475 for membership in the corporation, to a corporation without receiving full and adequate
476 consideration for the money.
477 (b) "Donor" does not include a person that signs a statement that the corporation may
478 not use the money for an expenditure or political issues expenditure.
479 (13) "Election" means each:
480 (a) regular general election;
481 (b) regular primary election; and
482 (c) special election at which candidates are eliminated and selected.
483 (14) "Electioneering communication" means a communication that:
484 (a) has at least a value of $10,000;
485 (b) clearly identifies a candidate or judge; and
486 (c) is disseminated through the Internet, newspaper, magazine, outdoor advertising
487 facility, direct mailing, broadcast, cable, or satellite provider within 45 days of the clearly
488 identified candidate's or judge's election date.
489 (15) (a) "Expenditure" means any of the following made by a reporting entity or an
490 agent of a reporting entity on behalf of the reporting entity:
491 (i) any disbursement from contributions, receipts, or from the separate bank account
492 required by this chapter;
493 (ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
494 or anything of value made for political purposes;
495 (iii) an express, legally enforceable contract, promise, or agreement to make any
496 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
497 value for political purposes;
498 (iv) compensation paid by a filing entity for personal services rendered by a person
499 without charge to a reporting entity;
500 (v) a transfer of funds between the filing entity and a candidate's personal campaign
501 committee; or
502 (vi) goods or services provided by the filing entity to or for the benefit of another
503 reporting entity for political purposes at less than fair market value.
504 (b) "Expenditure" does not include:
505 (i) services provided without compensation by individuals volunteering a portion or all
506 of their time on behalf of a reporting entity;
507 (ii) money lent to a reporting entity by a financial institution in the ordinary course of
508 business; or
509 (iii) anything listed in Subsection (15)(a) that is given by a reporting entity to
510 candidates for office or officeholders in states other than Utah.
511 (16) "Federal office" means the office of president of the United States, United States
512 Senator, or United States Representative.
513 (17) "Filing entity" means the reporting entity that is required to file a financial
514 statement required by this chapter or Chapter 12, Part 2, Judicial Retention Elections.
515 (18) "Financial statement" includes any summary report, interim report, verified
516 financial statement, or other statement disclosing contributions, expenditures, receipts,
517 donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial
518 Retention Elections.
519 (19) "Governing board" means the individual or group of individuals that determine the
520 candidates and committees that will receive expenditures from a political action committee,
521 political party, or corporation.
522 (20) "Incorporation" means the process established by Title 10, Chapter 2, Part 1,
523 Incorporation, by which a geographical area becomes legally recognized as a city or town.
524 (21) "Incorporation election" means the election authorized by Section 10-2-111 or
525 10-2-127.
526 (22) "Incorporation petition" means a petition authorized by Section 10-2-109 or
527 10-2-125.
528 (23) "Individual" means a natural person.
529 (24) "In-kind contribution" means anything of value, other than money, that is accepted
530 by or coordinated with a filing entity.
531 (25) "Interim report" means a report identifying the contributions received and
532 expenditures made since the last report.
533 (26) "Legislative office" means the office of state senator, state representative, speaker
534 of the House of Representatives, president of the Senate, and the leader, whip, and assistant
535 whip of any party caucus in either house of the Legislature.
536 (27) "Legislative office candidate" means a person who:
537 (a) files a declaration of candidacy for the office of state senator or state representative;
538 (b) declares oneself to be a candidate for, or actively campaigns for, the position of
539 speaker of the House of Representatives, president of the Senate, or the leader, whip, and
540 assistant whip of any party caucus in either house of the Legislature; or
541 (c) receives contributions, makes expenditures, or gives consent for any other person to
542 receive contributions or make expenditures to bring about the person's nomination, election, or
543 appointment to a legislative office.
544 (28) "Major political party" means either of the two registered political parties that
545 have the greatest number of members elected to the two houses of the Legislature.
546 (29) "Officeholder" means a person who holds a public office.
547 (30) "Party committee" means any committee organized by or authorized by the
548 governing board of a registered political party.
549 (31) "Person" means both natural and legal persons, including individuals, business
550 organizations, personal campaign committees, party committees, political action committees,
551 political issues committees, and labor organizations, as defined in Section 20A-11-1501.
552 (32) "Personal campaign committee" means the committee appointed by a candidate to
553 act for the candidate as provided in this chapter.
554 (33) "Personal use expenditure" has the same meaning as provided under Section
555 20A-11-104.
556 (34) (a) "Political action committee" means an entity, or any group of individuals or
557 entities within or outside this state, a major purpose of which is to:
558 (i) solicit or receive contributions from any other person, group, or entity for political
559 purposes; or
560 (ii) make expenditures to expressly advocate for any person to refrain from voting or to
561 vote for or against any candidate or person seeking election to a municipal or county office.
562 (b) "Political action committee" includes groups affiliated with a registered political
563 party but not authorized or organized by the governing board of the registered political party
564 that receive contributions or makes expenditures for political purposes.
565 (c) "Political action committee" does not mean:
566 (i) a party committee;
567 (ii) any entity that provides goods or services to a candidate or committee in the regular
568 course of its business at the same price that would be provided to the general public;
569 (iii) an individual;
570 (iv) individuals who are related and who make contributions from a joint checking
571 account;
572 (v) a corporation, except a corporation a major purpose of which is to act as a political
573 action committee; or
574 (vi) a personal campaign committee.
575 (35) (a) "Political consultant" means a person who is paid by a reporting entity, or paid
576 by another person on behalf of and with the knowledge of the reporting entity, to provide
577 political advice to the reporting entity.
578 (b) "Political consultant" includes a circumstance described in Subsection (35)(a),
579 where the person:
580 (i) has already been paid, with money or other consideration;
581 (ii) expects to be paid in the future, with money or other consideration; or
582 (iii) understands that the person may, in the discretion of the reporting entity or another
583 person on behalf of and with the knowledge of the reporting entity, be paid in the future, with
584 money or other consideration.
585 (36) "Political convention" means a county or state political convention held by a
586 registered political party to select candidates.
587 (37) (a) "Political issues committee" means an entity, or any group of individuals or
588 entities within or outside this state, a major purpose of which is to:
589 (i) solicit or receive donations from any other person, group, or entity to assist in
590 placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or
591 to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;
592 (ii) make expenditures to expressly advocate for any person to sign or refuse to sign a
593 ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any
594 proposed ballot proposition or an incorporation in an incorporation election; or
595 (iii) make expenditures to assist in qualifying or placing a ballot proposition on the
596 ballot or to assist in keeping a ballot proposition off the ballot.
597 (b) "Political issues committee" does not mean:
598 (i) a registered political party or a party committee;
599 (ii) any entity that provides goods or services to an individual or committee in the
600 regular course of its business at the same price that would be provided to the general public;
601 (iii) an individual;
602 (iv) individuals who are related and who make contributions from a joint checking
603 account; or
604 (v) a corporation, except a corporation a major purpose of which is to act as a political
605 issues committee.
606 (38) (a) "Political issues contribution" means any of the following:
607 (i) a gift, subscription, unpaid or partially unpaid loan, advance, or deposit of money or
608 anything of value given to a political issues committee;
609 (ii) an express, legally enforceable contract, promise, or agreement to make a political
610 issues donation to influence the approval or defeat of any ballot proposition;
611 (iii) any transfer of funds received by a political issues committee from a reporting
612 entity;
613 (iv) compensation paid by another reporting entity for personal services rendered
614 without charge to a political issues committee; and
615 (v) goods or services provided to or for the benefit of a political issues committee at
616 less than fair market value.
617 (b) "Political issues contribution" does not include:
618 (i) services provided without compensation by individuals volunteering a portion or all
619 of their time on behalf of a political issues committee; or
620 (ii) money lent to a political issues committee by a financial institution in the ordinary
621 course of business.
622 (39) (a) "Political issues expenditure" means any of the following when made by a
623 political issues committee or on behalf of a political issues committee by an agent of the
624 reporting entity:
625 (i) any payment from political issues contributions made for the purpose of influencing
626 the approval or the defeat of:
627 (A) a ballot proposition; or
628 (B) an incorporation petition or incorporation election;
629 (ii) a purchase, payment, distribution, loan, advance, deposit, or gift of money made for
630 the express purpose of influencing the approval or the defeat of:
631 (A) a ballot proposition; or
632 (B) an incorporation petition or incorporation election;
633 (iii) an express, legally enforceable contract, promise, or agreement to make any
634 political issues expenditure;
635 (iv) compensation paid by a reporting entity for personal services rendered by a person
636 without charge to a political issues committee; or
637 (v) goods or services provided to or for the benefit of another reporting entity at less
638 than fair market value.
639 (b) "Political issues expenditure" does not include:
640 (i) services provided without compensation by individuals volunteering a portion or all
641 of their time on behalf of a political issues committee; or
642 (ii) money lent to a political issues committee by a financial institution in the ordinary
643 course of business.
644 (40) "Political purposes" means an act done with the intent or in a way to influence or
645 tend to influence, directly or indirectly, any person to refrain from voting or to vote for or
646 against any candidate or a person seeking a municipal or county office at any caucus, political
647 convention, or election.
648 (41) (a) "Poll" means the survey of a person regarding the person's opinion or
649 knowledge of an individual who has filed a declaration of candidacy for public office, or of a
650 ballot proposition that has legally qualified for placement on the ballot, which is conducted in
651 person or by telephone, facsimile, Internet, postal mail, or email.
652 (b) "Poll" does not include:
653 (i) a ballot; or
654 (ii) an interview of a focus group that is conducted, in person, by one individual, if:
655 (A) the focus group consists of more than three, and less than thirteen, individuals; and
656 (B) all individuals in the focus group are present during the interview.
657 (42) "Primary election" means any regular primary election held under the election
658 laws.
659 [
660 individuals sharing a common occupation, interest, or association that contribute to a political
661 action committee or political issues committee and whose names can be obtained by contacting
662 the political action committee or political issues committee upon whose financial statement the
663 individuals are listed.
664 [
665 auditor, state treasurer, attorney general, [
666 representative, speaker of the House of Representatives, president of the Senate, and the leader,
667 whip, and assistant whip of any party caucus in either house of the Legislature.
668 [
669 to an officeholder to defray the costs of functioning in a public office or aid the officeholder to
670 communicate with the officeholder's constituents:
671 (i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of
672 money or anything of value to an officeholder; or
673 (ii) goods or services provided at less than fair market value to or for the benefit of the
674 officeholder.
675 (b) "Public service assistance" does not include:
676 (i) anything provided by the state;
677 (ii) services provided without compensation by individuals volunteering a portion or all
678 of their time on behalf of an officeholder;
679 (iii) money lent to an officeholder by a financial institution in the ordinary course of
680 business;
681 (iv) news coverage or any publication by the news media; or
682 (v) any article, story, or other coverage as part of any regular publication of any
683 organization unless substantially all the publication is devoted to information about the
684 officeholder.
685 (46) "Receipts" means contributions and public service assistance.
686 (47) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
687 Lobbyist Disclosure and Regulation Act.
688 (48) "Registered political action committee" means any political action committee that
689 is required by this chapter to file a statement of organization with the Office of the Lieutenant
690 Governor.
691 (49) "Registered political issues committee" means any political issues committee that
692 is required by this chapter to file a statement of organization with the Office of the Lieutenant
693 Governor.
694 (50) "Registered political party" means an organization of voters that:
695 (a) participated in the last regular general election and polled a total vote equal to 2%
696 or more of the total votes cast for all candidates for the United States House of Representatives
697 for any of its candidates for any office; or
698 (b) has complied with the petition and organizing procedures of Chapter 8, Political
699 Party Formation and Procedures.
700 (51) (a) "Remuneration" means a payment:
701 (i) made to a legislator for the period the Legislature is in session; and
702 (ii) that is approximately equivalent to an amount a legislator would have earned
703 during the period the Legislature is in session in the legislator's ordinary course of business.
704 (b) "Remuneration" does not mean anything of economic value given to a legislator by:
705 (i) the legislator's primary employer in the ordinary course of business; or
706 (ii) a person or entity in the ordinary course of business:
707 (A) because of the legislator's ownership interest in the entity; or
708 (B) for services rendered by the legislator on behalf of the person or entity.
709 (52) "Reporting entity" means a candidate, a candidate's personal campaign committee,
710 a judge, a judge's personal campaign committee, an officeholder, a party committee, a political
711 action committee, a political issues committee, a corporation, or a labor organization, as
712 defined in Section 20A-11-1501.
713 [
714 [
715 tangible or intangible asset that comprises the contribution.
716 (b) "Source" means, for political action committees and corporations, the political
717 action committee and the corporation as entities, not the contributors to the political action
718 committee or the owners or shareholders of the corporation.
719 [
720 general, state auditor, and state treasurer.
721 [
722 (a) files a declaration of candidacy for a state office; or
723 (b) receives contributions, makes expenditures, or gives consent for any other person to
724 receive contributions or make expenditures to bring about the person's nomination, election, or
725 appointment to a state office.
726 [
727 reporting entity's contributions and expenditures.
728 [
729 allocate expenditures from a political issues committee.
730 Section 7. Section 20A-11-402 is amended to read:
731 20A-11-402. Officeholder financial reporting requirements -- Termination of
732 duty to report.
733 (1) An officeholder is active and subject to reporting requirements until the
734 officeholder has filed a statement of dissolution with the lieutenant governor stating that:
735 (a) the officeholder is no longer receiving contributions or public service assistance and
736 is no longer making expenditures;
737 (b) the ending balance on the last summary report filed is zero and the balance in the
738 separate bank account required by Section 20A-11-201[
739 zero; and
740 (c) a final summary report in the form required by Section 20A-11-401 showing a zero
741 balance is attached to the statement of dissolution.
742 (2) A statement of dissolution and a final summary report may be filed at any time.
743 (3) Each officeholder shall continue to file the year-end summary report required by
744 Section 20A-11-401 until the statement of dissolution and final summary report required by
745 this section are filed with the lieutenant governor.
746 (4) An officeholder may not use a contribution deposited in an account in accordance
747 with this chapter for:
748 (a) a personal use expenditure; or
749 (b) an expenditure prohibited by law.
750 (5) (a) Except as provided in Subsection (5)(b), a person who is no longer an
751 officeholder may not expend or transfer the money in a campaign account in a manner that
752 would cause the former officeholder to recognize the money as taxable income under federal
753 tax law.
754 (b) A person who is no longer an officeholder may transfer the money in a campaign
755 account in a manner that would cause the former officeholder to recognize the money as
756 taxable income under federal tax law if the transfer is made to a campaign account for federal
757 office.
758 Section 8. Section 20A-11-403 is amended to read:
759 20A-11-403. Failure to file -- Penalties.
760 (1) Within 30 days after a deadline for the filing of a summary report, the lieutenant
761 governor shall review each filed summary report to ensure that:
762 (a) each officeholder that is required to file a summary report has filed one; and
763 (b) each summary report contains the information required by this part.
764 (2) If it appears that any officeholder has failed to file the summary report required by
765 law, if it appears that a filed summary report does not conform to the law, or if the lieutenant
766 governor has received a written complaint alleging a violation of the law or the falsity of any
767 summary report, the lieutenant governor shall, if the lieutenant governor determines that a
768 violation has occurred:
769 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
770 (b) within five days of discovery of a violation or receipt of a written complaint, notify
771 the officeholder of the violation or written complaint and direct the officeholder to file a
772 summary report correcting the problem.
773 (3) (a) It is unlawful for any officeholder to fail to file or amend a summary report
774 within seven days after receiving notice from the lieutenant governor under this section.
775 (b) Each officeholder who violates Subsection (3)(a) is guilty of a class B
776 misdemeanor.
777 (c) The lieutenant governor shall report all violations of Subsection (3)(a) to the
778 attorney general.
779 (d) In addition to the criminal penalty described in Subsection (3)(b), the lieutenant
780 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
781 (3)(a).
782 (4) Within 30 days after a deadline for the filing of an interim report by an officeholder
783 under Subsection 20A-11-204(1)(c)[
784 lieutenant governor shall review each filed interim report to ensure that each interim report
785 contains the information required for the report.
786 (5) If it appears that any officeholder has failed to file an interim report required by
787 law, if it appears that a filed interim report does not conform to the law, or if the lieutenant
788 governor has received a written complaint alleging a violation of the law or the falsity of any
789 interim report, the lieutenant governor shall, if the lieutenant governor determines that a
790 violation has occurred:
791 (a) impose a fine against the filing entity in accordance with Section 20A-11-1005; and
792 (b) within five days after the day on which the violation is discovered or a written
793 complaint is received, notify the officeholder of the violation or written complaint and direct
794 the officeholder to file an interim report correcting the problem.
795 (6) (a) It is unlawful for any officeholder to fail to file or amend an interim report
796 within seven days after the day on which the officeholder receives notice from the lieutenant
797 governor under this section.
798 (b) Each officeholder who violates Subsection (6)(a) is guilty of a class B
799 misdemeanor.
800 (c) The lieutenant governor shall report all violations of Subsection (6)(a) to the
801 attorney general.
802 (d) In addition to the criminal penalty described in Subsection (6)(b), the lieutenant
803 governor shall impose a civil fine of $100 against an officeholder who violates Subsection
804 (6)(a).
805 Section 9. Section 20A-11-1603 is amended to read:
806 20A-11-1603. Financial disclosure form -- Required when filing for candidacy --
807 Public availability.
808 (1) Candidates seeking the following offices shall file a financial disclosure with the
809 filing officer at the time of filing a declaration of candidacy:
810 (a) state constitutional officer; or
811 (b) state legislator[
812 [
813 (2) A filing officer may not accept a declaration of candidacy for an office [
814 described in Subsection (1) unless the declaration of candidacy is accompanied by the financial
815 disclosure required by this section.
816 (3) The financial disclosure form shall contain the same requirements and shall be in
817 the same format as the financial disclosure form described in Section 20A-11-1604.
818 (4) The financial disclosure form shall:
819 (a) be made available for public inspection at the filing officer's place of business;
820 (b) if the filing officer is an individual other than the lieutenant governor, be provided
821 to the lieutenant governor within five business days of the date of filing and be made publicly
822 available at the Office of the Lieutenant Governor; and
823 (c) be made publicly available on the Statewide Electronic Voter Information Website
824 administered by the lieutenant governor.
825 Section 10. Section 20A-14-101.2 is enacted to read:
826
827 20A-14-101.2. Title.
828 This chapter is known as "Election of Local School Boards."
829 Section 11. Section 53A-1-101 is amended to read:
830 53A-1-101. Definitions -- State Board of Education -- Districts.
831 (1) As used in this part:
832 (a) "Candidate" means any person who:
833 (i) files a notice of intent to seek office under Subsection 53A-1-101(5); or
834 (ii) receives contributions, makes expenditures, or gives consent for any other person to
835 receive contributions or make expenditures to bring about the person's election to a state school
836 board office.
837 (b) "Conflict of interest" means an action that is taken by a state board officeholder that
838 the state board officeholder reasonably believes may cause direct financial benefit or detriment
839 to the state board officeholder, a member of the state board officeholder's immediate family, or
840 an entity that the state board officeholder is required to disclose under the provisions of this
841 section, if that benefit or detriment is distinguishable from the effects of that action on the
842 public or on the state board officeholder's profession, occupation, or association generally.
843 (c) (i) "Contribution" means any of the following when done for political purposes:
844 (A) a gift, subscription, donation, loan, advance, or deposit of money or anything of
845 value given to a candidate;
846 (B) an express, legally enforceable contract, promise, or agreement to make a gift,
847 subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or
848 anything of value to a candidate;
849 (C) any transfer of funds from a reporting entity to the candidate;
850 (D) compensation paid by any person or reporting entity other than the candidate for
851 personal services provided without charge to the candidate;
852 (E) remuneration from any organization or its directly affiliated organization that has a
853 registered lobbyist, or from any agency or subdivision of the state, including school districts;
854 (F) a loan made by a candidate deposited into the candidate's own campaign; and
855 (G) in-kind contributions.
856 (ii) "Contribution" does not include:
857 (A) services provided by an individual volunteering a portion or all of the individual's
858 time on behalf of the candidate if the services are provided without compensation by the
859 candidate or any other person;
860 (B) money lent to the candidate by a financial institution in the ordinary course of
861 business; or
862 (C) goods or services provided for the benefit of the candidate less than fair market
863 value that are not authorized by or coordinated with the candidate.
864 (d) "Coordinated with" means that goods or services provided for the benefit of a
865 candidate are provided:
866 (i) with the candidate's prior knowledge, if the candidate does not object;
867 (ii) by agreement with the candidate;
868 (iii) in coordination with the candidate; or
869 (iv) using official logos, slogans, and similar elements belonging to the candidate.
870 (e) "Detailed listing" means the same as that term is defined in Section 20A-11-101.
871 (f) "Entity" means a corporation, a partnership, a limited liability company, a limited
872 partnership, a sole proprietorship, an association, a cooperative, a trust, an organization, a joint
873 venture, a governmental entity, an unincorporated organization, or any other legal entity,
874 regardless of whether it is established primarily for the purpose of gain or economic profit.
875 (g) (i) "Expenditure" means any of the following made by a reporting entity or an agent
876 of a reporting entity on behalf of the reporting entity:
877 (A) any disbursement from contributions, receipts, or the separate bank account
878 required by Title 20A, Chapter 11, Campaign and Financial Reporting Requirements;
879 (B) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money,
880 or anything of value made for political purposes;
881 (C) an express, legally enforceable contract, promise, or agreement to make any
882 purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of
883 value for political purposes;
884 (D) compensation paid by a filing entity for personal services rendered by a person
885 without charge to a candidate;
886 (E) a transfer of funds between the filing entity and a candidate's personal campaign
887 committee; or
888 (F) goods or services provided by the filing entity to or for the benefit of a candidate
889 for political purposes at less than fair market value.
890 (ii) "Expenditure" does not include:
891 (A) services provided without compensation by an individual volunteering a portion or
892 all of the individual's time on behalf of a candidate; or
893 (B) money lent to a candidate by a financial institution in the ordinary course of
894 business.
895 (h) "Filing entity" means the reporting entity that is required to file a financial
896 statement required under Title 20A, Chapter 11, Campaign and Financial Reporting
897 Requirements, or Title 20A, Chapter 12, Part 2, Judicial Retention Elections.
898 (i) "Immediate family" means the state board officeholder's spouse, a child living in the
899 state board officeholder's immediate household, or an individual claimed as a dependent for
900 state or federal income tax purposes by the state board officeholder.
901 (j) "Income" means earnings, compensation, or any other payment made to an
902 individual for gain, regardless of source, whether denominated as wages, salary, commission,
903 pay, bonus, severance pay, incentive pay, contract payment, interest, per diem, expenses,
904 reimbursement, dividends, or otherwise.
905 (k) "In-kind contribution" means anything of value, other than money, that is accepted
906 by or coordinated with a filing entity.
907 (l) (i) "Owner or officer" means an individual who owns an ownership interest in an
908 entity or holds a position where the person has authority to manage, direct, control, or make
909 decisions for:
910 (A) the entity or a portion of the entity; or
911 (B) an employee, agent, or independent contractor of the entity.
912 (ii) "Owner or officer" includes:
913 (A) a member of a board of directors or other governing body of an entity; or
914 (B) a partner in any type of partnership.
915 (m) "Personal use expenditure" has the same meaning as that term is defined in Section
916 20A-11-104.
917 (n) "Phase base" means:
918 (i) for phase two of the method of equal proportions, 0.70710678;
919 (ii) for phase three of the method of equal proportions, 0.77459667;
920 (iii) for phase four of the method of equal proportions, 0.81649658;
921 (iv) for phase five of the method of equal proportions, 0.84515425;
922 (v) for phase six of the method of equal proportions, 0.8660254; or
923 (vi) for phase seven of the method of equal proportions, 0.8819171.
924 (o) "Political purposes" means an act done with the intent or in a way to influence or
925 tend to influence, directly or indirectly, an elector to refrain from voting or to vote for or
926 against any candidate.
927 (p) "Population" means the number of students enrolled in a school district on October
928 1 of the preceding even-numbered year.
929 (q) "Preceding year" means the year immediately preceding the day on which the state
930 board officeholder files a financial disclosure form.
931 (r) (i) "Public service assistance" means the following when given or provided to a
932 state board officeholder to defray the costs of functioning as a state board officeholder or to aid
933 the state board officeholder to communicate with the state board officeholder's constituents:
934 (A) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit
935 of money or anything of value to a state board officeholder; or
936 (B) goods or services provided at less than fair market value to or for the benefit of the
937 state board officeholder.
938 (ii) "Public service assistance" does not include:
939 (A) anything provided by the state;
940 (B) services provided without compensation by an individual volunteering a portion or
941 all of the individual's time on behalf of a state board officeholder;
942 (C) money lent to a state board officeholder by a financial institution in the ordinary
943 course of business;
944 (D) news coverage or any publication by the news media; or
945 (E) any article, story, or other coverage as part of any regular publication of any
946 organization unless substantially all the publication is devoted to information about the state
947 board officeholder.
948 (s) "Registered lobbyist" means a person registered under Title 36, Chapter 11,
949 Lobbyist Disclosure and Regulation Act.
950 (t) "Reporting entity" means the same as that term is defined in Section 20A-11-101.
951 (u) "Reside" or "residence" has the same meaning as the term "residence" or "resident"
952 in Section 20A-2-105.
953 (v) "State board" means the State Board of Education.
954 (w) "State board office" means the office of State Board of Education member.
955 (x) "State board officeholder" means an individual who holds state board office.
956 (y) "State district" means a State Board of Education district.
957 (2) There are 15 state districts made up of local school districts, as follows:
958 (a) District 1 consists of Alpine School District;
959 (b) District 2 consists of Davis School District;
960 (c) District 3 consists of Granite School District;
961 (d) District 4 consists of Jordan School District;
962 (e) District 5 consists of Canyons School District;
963 (f) District 6 consists of Nebo School District and Provo School District;
964 (g) District 7 consists of Salt Lake School District and Murray School District;
965 (h) District 8 consists of Weber School District and Ogden School District;
966 (i) District 9 consists of Washington School District and Iron School District;
967 (j) District 10 consists of Cache School District and Logan School District;
968 (k) District 11 consists of Tooele School District and Box Elder School District;
969 (l) District 12 consists of Wasatch School District, Park City School District, Morgan
970 School District, South Summit School District, North Summit School District, and Rich
971 School District;
972 (m) District 13 consists of Uintah School District, Duchesne School District, and
973 Daggett School District;
974 (n) District 14 consists of Tintic School District, Millard School District, Juab School
975 District, Beaver School District, Sevier School District, South Sanpete School District, and
976 North Sanpete School District; and
977 (o) District 15 consists of Grand School District, Kane School District, Garfield School
978 District, Wayne School District, Piute School District, Carbon School District, San Juan
979 School District, and Emery School District.
980 (3) If a school district boundary changes, the boundary of a state district that would be
981 impacted by the change does not change until:
982 (a) the day after the last day of the next general session of the Legislature; or
983 (b) if the school district boundary change takes effect during a general session of the
984 Legislature, the day after the last day of the general session of the Legislature that begins
985 during the next calendar year.
986 [
987 shall be elected as provided in [
988
989 [
990
991 [
992
993 [
994
995 [
996
997 [
998
999
1000
1001 (5) An individual seeking state board office shall, for a term beginning on or after
1002 January 1, 2018, file with the lieutenant governor, in the year preceding the year in which the
1003 term of office begins, a notice of intent to seek office no earlier than the first Tuesday in May,
1004 and no later than 5 p.m. on the third Tuesday in May.
1005 (6) For a state board office term beginning on or after January 1, 2018, no earlier than
1006 the first Tuesday in August, and no later than the last Tuesday in August of the year preceding
1007 the year in which the state board office term begins, the electors for a state board district shall,
1008 by majority vote, choose an individual who complies with the following to represent that state
1009 board district:
1010 (a) Subsection (5);
1011 (b) the requirements for serving in state board office; and
1012 (c) the residency requirements, described in Section 53A-1-108, for serving in state
1013 board office as the representative for that state board district.
1014 (7) The term for a state board office is two years.
1015 (8) If a vacancy occurs on the state board for any reason other than the expiration of the
1016 state board officeholder's term, the governor, with the consent of the Senate, shall fill the
1017 vacancy by appointment of an individual who complies with Subsections (6)(b) and (c) to serve
1018 the remainder of the unexpired term.
1019 Section 12. Section 53A-1-107 is enacted to read:
1020 53A-1-107. Apportionment of electors.
1021 (1) (a) If a state board district consists of less than three school districts, all members of
1022 the boards for those school districts are electors for that state board district.
1023 (b) If a state board district consists of three or more school districts, the boards of those
1024 school districts shall choose electors for that state board district in accordance with Subsection
1025 (5).
1026 (2) On April 1 of an odd-numbered year, the lieutenant governor shall apportion
1027 electors to each school district within a state board district that consists of three or more school
1028 districts in accordance with the method of equal proportions described in Subsection (3).
1029 (3) The lieutenant governor shall:
1030 (a) for a school district described in Subsection (2):
1031 (i) calculate the first phase priority number for the school district by dividing the
1032 school district's population by the square root of two;
1033 (ii) calculate the second phase priority number for the school district by multiplying the
1034 school district's first phase priority number by the second phase base; and
1035 (iii) calculate each subsequent phase priority number for the school district by
1036 multiplying the priority number of the previous phase for the school district by the phase base
1037 for the current phase, until completion of the seventh phase; and
1038 (b) (i) consolidate the priority numbers calculated for all school districts in all seven
1039 phases into a single list, in order of greatest to smallest;
1040 (ii) apportion one elector to the school district whose priority number appears first on
1041 the list described in Subsection (3)(b)(i); and
1042 (iii) apportion one elector to each subsequent school district whose priority number
1043 appears on the list described in Subsection (3)(b)(i) until immediately before one of the school
1044 districts would be apportioned electors in a number equal to the total number of members on
1045 the board of the local school district, plus one.
1046 (4) If, after complying with Subsection (3), a school district is apportioned less than
1047 two electors, the lieutenant governor shall apportion additional electors to the school district
1048 until the school district is apportioned two electors.
1049 (5) After the lieutenant governor completes the process of determining the number of
1050 electors for a school district, the board of a school district described in Subsection (1)(b) shall,
1051 on or before May 1 of an even-numbered year, by majority vote, select, from among the
1052 members of the school district board, electors to participate in choosing the next state board
1053 officeholder for the state district in which the school district is located.
1054 (6) If a school district board described in Subsection (1)(b) fails, before the deadline
1055 described in Subsection (5), to appoint one or more of the electors apportioned to the school
1056 district, the lieutenant governor shall, on or before June 1, appoint, from among the members
1057 of the school district board, the remaining electors that were not appointed by the school
1058 district board.
1059 Section 13. Section 53A-1-108, which is renumbered from Section 20A-14-103 is
1060 renumbered and amended to read:
1061 [
1062 elected -- Qualifications -- Avoiding conflicts of interest.
1063 [
1064
1065 [
1066 [
1067 [
1068
1069
1070 [
1071
1072 [
1073
1074
1075 [
1076
1077
1078 (1) The term of a state board officeholder who is elected or appointed to a term that
1079 begins before January 1, 2018, ends on December 31, 2017, regardless of the term to which the
1080 state board officeholder was elected or appointed.
1081 (2) (a) [
1082 seeking state board office shall have been a resident of the [
1083
1084 board district that the individual is seeking to represent for at least one year immediately before
1085 the day on which the individual's term of office will begin.
1086 (b) [
1087 state board district, as the boundaries of the district exist on the [
1088 which the individual's term of office will begin, for one year immediately preceding the [
1089
1090 have met the requirements of this Subsection (2).
1091 [
1092 (3) A state board officeholder shall:
1093 (a) be and remain a [
1094
1095 board officeholder was elected to represent; and
1096 (b) maintain the [
1097 [
1098 board district described in Subsection (3)(a) during the [
1099 term of office.
1100 (4) A [
1101 [
1102 (a) the State Board of Education;
1103 (b) the Utah State Office of Education; or
1104 (c) the Utah State Office of Rehabilitation.
1105 (5) An individual who has been convicted of a grievous sexual offense, as defined in
1106 Section 76-1-601, against a child, may not hold a state board office.
1107 Section 14. Section 53A-1-109, which is renumbered from Section 20A-11-1301 is
1108 renumbered and amended to read:
1109 [
1110 requirements -- Candidate as a political action committee officer -- No personal use --
1111 Contribution reporting deadline -- Report other accounts.
1112 (1) (a) (i) Each [
1113 public service assistance received in one or more separate accounts in a financial institution
1114 that are dedicated only to that purpose.
1115 (ii) A [
1116 (A) receive a contribution or public service assistance from a political action
1117 committee registered under Section 20A-11-601; and
1118 (B) be designated by a political action committee as an officer who has primary
1119 decision-making authority as described in Section 20A-11-601.
1120 (b) A [
1121 described in Subsection (1)(a)(i) for:
1122 (i) a personal use expenditure; or
1123 (ii) an expenditure prohibited by law.
1124 (2) A [
1125 or public service assistance received into a personal or business account.
1126 (3) A [
1127 prohibited by law.
1128 (4) If [
1129 chooses not to expend the money remaining in a campaign account, the [
1130 shall continue to file the year-end summary report required by Section [
1131 53A-1-110 until the statement of dissolution and final summary report required by Section
1132 [
1133 (5) (a) Except as provided in Subsection (5)(b) and Section [
1134 53A-1-114, an individual who is no longer a [
1135 expend or transfer the money in a campaign account in a manner that would cause the former
1136 [
1137 tax law.
1138 (b) [
1139 may transfer the money in a campaign account in a manner that would cause the former
1140 [
1141 tax law if the transfer is made to a campaign account for federal office.
1142 (6) (a) As used in this Subsection (6) and Section [
1143 "received" means:
1144 (i) for a cash contribution, that the cash is given to a [
1145 candidate or a member of the state board office candidate's personal campaign committee;
1146 (ii) for a contribution that is a negotiable instrument or check, that the negotiable
1147 instrument or check is negotiated; and
1148 (iii) for any other type of contribution, that any portion of the contribution's benefit
1149 inures to the [
1150 (b) Each [
1151 lieutenant governor each contribution and public service assistance received by the [
1152 state board office candidate:
1153 (i) except as provided in Subsection (6)(b)(ii), within 30 days after the day on which
1154 the contribution or public service assistance is received; or
1155 (ii) within three business days after the day on which the contribution or public service
1156 assistance is received, if[
1157
1158 [
1159 [
1160
1161
1162 (c) Except as provided in Subsection (6)(d), for each contribution or provision of
1163 public service assistance that a [
1164 time period described in Subsection (6)(b), the [
1165 impose a fine against the [
1166 (i) [
1167 (ii) [
1168 [
1169
1170 [
1171 (d) The lieutenant governor shall:
1172 (i) deposit money received under Subsection (6)(c) into the General Fund; and
1173 (ii) report on the [
1174 where reports relating to each [
1175 access:
1176 (A) each fine imposed by the [
1177 [
1178 (B) the amount of the fine;
1179 (C) the amount of the contribution to which the fine relates; and
1180 (D) the date of the contribution.
1181 (7) (a) As used in this Subsection (7), "account" means an account in a financial
1182 institution:
1183 (i) that is not described in Subsection (1)(a)(i); and
1184 (ii) into which or from which [
1185 other than a [
1186
1187 a [
1188 notice of intent to seek office or federal office, deposits a contribution or makes an
1189 expenditure.
1190 (b) A [
1191 filed in accordance with this part:
1192 (i) a contribution deposited in an account:
1193 (A) since the last campaign finance statement was filed; or
1194 (B) that has not been reported under a statute or ordinance that governs the account; or
1195 (ii) an expenditure made from an account:
1196 (A) since the last campaign finance statement was filed; or
1197 (B) that has not been reported under a statute or ordinance that governs the account.
1198 Section 15. Section 53A-1-110, which is renumbered from Section 20A-11-1302 is
1199 renumbered and amended to read:
1200 [
1201 reporting requirements -- Year-end summary report.
1202 (1) (a) Each [
1203 January 10 of the year after the regular general election year.
1204 (b) In addition to the requirements of Subsection (1)(a), a former [
1205 office candidate [
1206 required under Section [
1207 January 10 of each year.
1208 (2) (a) Each summary report shall include the following information as of December 31
1209 of the previous year:
1210 (i) the net balance of the last financial statement, if any;
1211 (ii) a single figure equal to the total amount of receipts reported on all interim reports,
1212 if any, during the previous year;
1213 (iii) a single figure equal to the total amount of expenditures reported on all interim
1214 reports, if any, filed during the previous year;
1215 (iv) a detailed listing of each receipt, contribution, and public service assistance since
1216 the last summary report that has not been reported in detail on an interim report;
1217 (v) for each nonmonetary contribution:
1218 (A) the fair market value of the contribution with that information provided by the
1219 contributor; and
1220 (B) a specific description of the contribution;
1221 (vi) a detailed listing of each expenditure made since the last summary report that has
1222 not been reported in detail on an interim report;
1223 (vii) for each nonmonetary expenditure, the fair market value of the expenditure;
1224 (viii) a net balance for the year consisting of the net balance from the last summary
1225 report, if any, plus all receipts minus all expenditures; and
1226 (ix) the name of a political action committee for which the [
1227 candidate is designated as an officer who has primary decision-making authority under Section
1228 20A-11-601.
1229 (b) (i) For all individual contributions or public service assistance of $50 or less, a
1230 single aggregate figure may be reported without separate detailed listings.
1231 (ii) Two or more contributions from the same source that have an aggregate total of
1232 more than $50 may not be reported in the aggregate, but shall be reported separately.
1233 (c) In preparing the report, all receipts and expenditures shall be reported as of
1234 December 31 of the previous year.
1235 (d) A check or negotiable instrument received by a [
1236 candidate on or before December 31 of the previous year shall be included in the summary
1237 report.
1238 (3) The [
1239 the best of the [
1240 expenditures have been reported as of December 31 of the previous year and that there are no
1241 bills or obligations outstanding and unpaid except as set forth in that report.
1242 Section 16. Section 53A-1-111, which is renumbered from Section 20A-11-1303 is
1243 renumbered and amended to read:
1244 [
1245 officeholder -- Financial reporting requirements -- Interim reports.
1246 (1) (a) As used in this Subsection (1), "campaign account" means a separate campaign
1247 account required under Subsection [
1248 (b) Each [
1249 following times in any year in which the candidate has filed a [
1250
1251 [
1252 [
1253 [
1254 [
1255 (i) June 1; and
1256 (ii) July 30.
1257 (c) Each [
1258 that has not been dissolved under Section [
1259 an interim report at the following times, regardless of whether an election for the school board
1260 [
1261 [
1262 [
1263 [
1264 [
1265 (i) June 1; and
1266 (ii) July 30.
1267 (2) Each interim report shall include the following information:
1268 (a) the net balance of the last summary report, if any;
1269 (b) a single figure equal to the total amount of receipts reported on all prior interim
1270 reports, if any, during the calendar year in which the interim report is due;
1271 (c) a single figure equal to the total amount of expenditures reported on all prior
1272 interim reports, if any, filed during the calendar year in which the interim report is due;
1273 (d) a detailed listing of each contribution and public service assistance received since
1274 the last summary report that has not been reported in detail on a prior interim report;
1275 (e) for each nonmonetary contribution:
1276 (i) the fair market value of the contribution with that information provided by the
1277 contributor; and
1278 (ii) a specific description of the contribution;
1279 (f) a detailed listing of each expenditure made since the last summary report that has
1280 not been reported in detail on a prior interim report;
1281 (g) for each nonmonetary expenditure, the fair market value of the expenditure;
1282 (h) a net balance for the year consisting of the net balance from the last summary
1283 report, if any, plus all receipts since the last summary report minus all expenditures since the
1284 last summary report;
1285 (i) a summary page in the form required by the lieutenant governor that identifies:
1286 (i) beginning balance;
1287 (ii) total contributions during the period since the last statement;
1288 (iii) total contributions to date;
1289 (iv) total expenditures during the period since the last statement; and
1290 (v) total expenditures to date; and
1291 (j) the name of a political action committee for which the [
1292 candidate or [
1293 has primary decision-making authority under Section 20A-11-601.
1294 (3) (a) For all individual contributions or public service assistance of $50 or less, a
1295 single aggregate figure may be reported without separate detailed listings.
1296 (b) Two or more contributions from the same source that have an aggregate total of
1297 more than $50 may not be reported in the aggregate, but shall be reported separately.
1298 (4) (a) In preparing each interim report, all receipts and expenditures shall be reported
1299 as of five days before the required filing date of the report.
1300 (b) Any negotiable instrument or check received by a [
1301 candidate or [
1302 required filing date of a report required by this section shall be included in the interim report.
1303 Section 17. Section 53A-1-112, which is renumbered from Section 20A-11-1304 is
1304 renumbered and amended to read:
1305 [
1306 reporting requirements -- Termination of duty to report.
1307 (1) Each [
1308 requirements until the candidate withdraws or is [
1309 (2) Each [
1310 requirements until the candidate has filed a statement of dissolution with the lieutenant
1311 governor stating that:
1312 (a) the [
1313 no longer making expenditures;
1314 (b) the ending balance on the last summary report filed is zero and the balance in the
1315 separate bank account required in Section [
1316 (c) a final summary report in the form required by Section [
1317 showing a zero balance is attached to the statement of dissolution.
1318 (3) A statement of dissolution and a final summary report may be filed at any time.
1319 (4) Each [
1320 summary report required by Section [
1321 dissolution and final summary report required by this section are filed.
1322 Section 18. Section 53A-1-113, which is renumbered from Section 20A-11-1305 is
1323 renumbered and amended to read:
1324 [
1325 statement -- Penalties.
1326 (1) (a) A [
1327 the deadline is subject to a $100 fine imposed [
1328 the lieutenant governor.
1329 (b) If a [
1330 before [
1331
1332 reasonable attempt to discover if the report was timely filed, [
1333
1334 state board office during the current race.
1335 [
1336
1337 [
1338
1339
1340 [
1341 (c) Any [
1342 financial statement required by Subsection [
1343 53A-1-111(1)(b) is disqualified.
1344 (d) Notwithstanding Subsections (1)(b) and (1)(c), a [
1345 candidate is not disqualified and the [
1346 impose a fine if:
1347 [
1348
1349 [
1350 information required by this part except for inadvertent omissions or insignificant errors or
1351 inaccuracies; and
1352 [
1353 are corrected in:
1354 (A) an amended report; or
1355 (B) the next scheduled report.
1356 (2) (a) Within 30 days after a deadline for the filing of a summary report by a [
1357 state board office candidate, the lieutenant governor shall review each filed summary report to
1358 ensure that:
1359 (i) each [
1360 filed one; and
1361 (ii) each summary report contains the information required by this part.
1362 (b) If it appears that a [
1363 report required by law, if it appears that a filed summary report does not conform to the law, or
1364 if the lieutenant governor has received a written complaint alleging a violation of the law or the
1365 falsity of any summary report, the lieutenant governor shall, within five days of discovery of a
1366 violation or receipt of a written complaint, notify the [
1367 the violation or written complaint and direct the [
1368 summary report correcting the problem.
1369 (c) (i) It is unlawful for a [
1370 summary report within seven days after receiving notice from the lieutenant governor under
1371 this section.
1372 (ii) Each [
1373 guilty of a class B misdemeanor.
1374 (iii) The lieutenant governor shall report all violations of Subsection (2)(c)(i) to the
1375 attorney general.
1376 (iv) In addition to the criminal penalty described in Subsection (2)(c)(ii), the lieutenant
1377 governor shall impose a civil fine of $100 against a [
1378 violates Subsection (2)(c)(i).
1379 Section 19. Section 53A-1-114 is enacted to read:
1380 53A-1-114. State board officeholder financial reporting requirements --
1381 Termination of duty to report.
1382 (1) A state board officeholder is active and subject to reporting requirements until the
1383 state board officeholder has filed a statement of dissolution with the lieutenant governor stating
1384 that:
1385 (a) the state board officeholder is no longer receiving contributions or public service
1386 assistance and is no longer making expenditures;
1387 (b) the ending balance on the last summary report filed is zero and the balance in the
1388 separate bank account required by Section 53A-1-109 is zero; and
1389 (c) a final summary report in the form required by Section 53A-1-112 showing a zero
1390 balance is attached to the statement of dissolution.
1391 (2) A statement of dissolution and a final summary report may be filed at any time.
1392 (3) Each state board officeholder shall continue to file the year-end summary report
1393 required by Section 53A-1-112 until the statement of dissolution and final summary report
1394 required by this section are filed with the lieutenant governor.
1395 (4) A state board officeholder may not use a contribution deposited into an account in
1396 accordance with this chapter for:
1397 (a) a personal use expenditure; or
1398 (b) an expenditure prohibited by law.
1399 (5) (a) Except as provided in Subsection (5)(b), an individual who is no longer a state
1400 board officeholder may not expend or transfer the money in a campaign account in a manner
1401 that would cause the former state board officeholder to recognize the money as taxable income
1402 under federal tax law.
1403 (b) An individual who is no longer a state board officeholder may transfer the money in
1404 a campaign account in a manner that would cause the former state board officeholder to
1405 recognize the money as taxable income under federal tax law if the transfer is made to a
1406 campaign account for federal office.
1407 Section 20. Section 53A-1-115 is enacted to read:
1408 53A-1-115. Financial disclosure form -- Required when filing notice of intent to
1409 seek office -- Public availability.
1410 (1) A candidate who is seeking state board office shall file a financial disclosure with
1411 the lieutenant governor at the time of filing a notice of intent to seek office.
1412 (2) The lieutenant governor may not accept a notice of intent to seek office described in
1413 Subsection (1) unless the notice of intent to seek office is accompanied by the financial
1414 disclosure required by this section.
1415 (3) The financial disclosure form shall contain the same requirements and shall be in
1416 the same format as the financial disclosure form described in Section 20A-11-1604.
1417 (4) The financial disclosure form shall:
1418 (a) be made available for public inspection at the Office of the Lieutenant Governor;
1419 and
1420 (b) be made publicly available on the Statewide Electronic Voter Information Website
1421 administered by the lieutenant governor.
1422 Section 21. Section 53A-1-116 is enacted to read:
1423 53A-1-116. Failure to disclose conflict of interest -- Failure to comply with
1424 reporting requirements.
1425 (1) Before or during any vote on any rule, resolution, order, or any other state board
1426 matter in which a state board officeholder has actual knowledge that the state board
1427 officeholder has a conflict of interest that is not stated on the financial disclosure form
1428 described in this section, the state board officeholder shall orally declare to the state board that
1429 the state board officeholder may have a conflict of interest and what that conflict of interest is.
1430 (2) Any public declaration of a conflict of interest that is made under Subsection (1)
1431 shall be noted in the minutes of the meeting or on the official record of the action taken.
1432 (3) A state board officeholder shall file a financial disclosure form:
1433 (a) on the tenth day of January of each year, or the following business day if the due
1434 date falls on a weekend or holiday; and
1435 (b) each time the state board officeholder changes employment.
1436 (4) The financial disclosure form described in Subsection (3) shall include:
1437 (a) the state board officeholder's name;
1438 (b) the name and address of each of the state board officeholder's current employers
1439 and each of the state board officeholder's employers during the preceding year;
1440 (c) for each employer described in Subsection (4)(b), a brief description of the
1441 employment, including the state board officeholder's occupation and, as applicable, job title;
1442 (d) for each entity in which the state board officeholder is an owner or officer, or was
1443 an owner or officer during the preceding year:
1444 (i) the name of the entity;
1445 (ii) a brief description of the type of business or activity conducted by the entity; and
1446 (iii) the state board officeholder's position in the entity;
1447 (e) in accordance with Subsection (5)(b), for each individual from whom, or entity
1448 from which, the state board officeholder has received $5,000 or more in income during the
1449 preceding year:
1450 (i) the name of the individual or entity; and
1451 (ii) a brief description of the type of business or activity conducted by the individual or
1452 entity;
1453 (f) for each entity in which the state board officeholder holds any stocks or bonds
1454 having a fair market value of $5,000 or more as of the date of the disclosure form or during the
1455 preceding year, but excluding funds that are managed by a third party, including blind trusts,
1456 managed investment accounts, and mutual funds:
1457 (i) the name of the entity; and
1458 (ii) a brief description of the type of business or activity conducted by the entity;
1459 (g) for each entity not listed in Subsections (4)(d) through (f) in which the state board
1460 officeholder currently serves, or served in the preceding year, on the board of directors or in
1461 any other type of paid leadership capacity:
1462 (i) the name of the entity or organization;
1463 (ii) a brief description of the type of business or activity conducted by the entity; and
1464 (iii) the type of advisory position held by the state board officeholder;
1465 (h) at the option of the state board officeholder, a description of any real property in
1466 which the state board officeholder holds an ownership or other financial interest that the state
1467 board officeholder believes may constitute a conflict of interest, including a description of the
1468 type of interest held by the state board officeholder in the property;
1469 (i) the name of the state board officeholder's spouse and any other adult residing in the
1470 state board officeholder's household who is not related by blood or marriage, as applicable;
1471 (j) for the state board officeholder's spouse, the information that a state board
1472 officeholder is required to provide under Subsection (4)(b);
1473 (k) a brief description of the employment and occupation of each adult who:
1474 (i) resides in the state board officeholder's household; and
1475 (ii) is not related to the state board officeholder by blood or marriage;
1476 (l) at the option of the state board officeholder, a description of any other matter or
1477 interest that the state board officeholder believes may constitute a conflict of interest;
1478 (m) the date the form was completed;
1479 (n) a statement that the state board officeholder believes that the form is true and
1480 accurate to the best of the state board officeholder's knowledge; and
1481 (o) the signature of the state board officeholder.
1482 (5) (a) The state board officeholder shall file the financial disclosure form with:
1483 (i) the secretary of the Senate, if the state board officeholder is a member of the Senate;
1484 (ii) the chief clerk of the House of Representatives, if the state board officeholder is a
1485 member of the House of Representatives; or
1486 (iii) the lieutenant governor, if the state board officeholder is a state board officeholder
1487 other than a state board officeholder described in Subsection (5)(a)(i) or (ii).
1488 (b) In making the disclosure described in Subsection (4)(e), a state board officeholder
1489 who provides goods or services to multiple customers or clients as part of a business or a
1490 licensed profession is only required to provide the information described in Subsection (4)(e) in
1491 relation to the entity or practice through which the state board officeholder provides the goods
1492 or services and is not required to provide the information described in Subsection (4)(e) in
1493 relation to the state board officeholder's individual customers or clients.
1494 (6) The lieutenant governor shall ensure that blank financial disclosure forms are
1495 available on the Internet and at the Office of the Lieutenant Governor.
1496 (7) The lieutenant governor shall make each version of a financial disclosure form or
1497 an amendment to a financial disclosure form received under this section available to the public
1498 for two years after the day on which the lieutenant governor receives the form.
1499 (8) The disclosure requirements described in this section do not prohibit a state board
1500 officeholder from voting or acting on any matter.
1501 (9) A state board officeholder may amend a financial disclosure form described in this
1502 part at any time.
1503 (10) A state board officeholder who violates the requirements of Subsection (1) is
1504 guilty of a class B misdemeanor.
1505 (11) (a) A state board officeholder who intentionally or knowingly violates a provision
1506 of this section, other than Subsection (1), is guilty of a class B misdemeanor.
1507 (b) In addition to the criminal penalty described in Subsection (11)(a), the lieutenant
1508 governor shall impose a civil penalty of $100 against a state board officeholder who violates a
1509 provision of this section, other than Subsection (1).
1510 Section 22. Section 53A-1-117 is enacted to read:
1511 53A-1-117. Failure to file -- Penalties.
1512 (1) Within 30 days after the day on which a state board officeholder is required to file a
1513 financial disclosure form under Subsection 53A-1-116(3)(a), the lieutenant governor shall
1514 review each filed financial disclosure form to ensure that:
1515 (a) each state board officeholder who is required to file a financial disclosure form has
1516 filed one; and
1517 (b) each financial disclosure form contains the information required under Section
1518 53A-1-116.
1519 (2) The lieutenant governor shall take the action described in Subsection (3) if:
1520 (a) a state board officeholder has failed to timely file a financial disclosure form;
1521 (b) a filed financial disclosure form does not comply with the requirements of Section
1522 53A-1-116; or
1523 (c) the lieutenant governor receives a written complaint alleging a violation of Section
1524 53A-1-116, other than Subsection 53A-1-116(1), and after receiving the complaint and giving
1525 the state board officeholder notice and an opportunity to be heard, the lieutenant governor
1526 determines that a violation occurred.
1527 (3) If a circumstance described in Subsection (2) occurs, the lieutenant governor shall,
1528 within five days after the day on which the lieutenant governor determines that a violation
1529 occurred, notify the state board officeholder of the violation and direct the state board
1530 officeholder to file an amended report correcting the problem.
1531 (4) (a) It is unlawful for a state board officeholder to fail to file or amend a financial
1532 disclosure form within seven days after the day on which the state board officeholder receives
1533 the notice described in Subsection (3).
1534 (b) A state board officeholder who violates Subsection (4)(a) is guilty of a class B
1535 misdemeanor.
1536 (c) The lieutenant governor shall report all violations of Subsection (4)(a) to the
1537 attorney general.
1538 (d) In addition to the criminal penalty described in Subsection (4)(b), the lieutenant
1539 governor shall impose a civil fine of $100 against a state board officeholder who violates
1540 Subsection (4)(a).
1541 (5) The lieutenant governor shall deposit a fine collected under this part into the
1542 General Fund as a dedicated credit to pay for the costs of administering the provisions of this
1543 part.
1544 Section 23. Section 53A-1-201 is amended to read:
1545 53A-1-201. Election and appointment of officers -- Removal from office.
1546 (1) The State Board of Education shall elect from its members a chair, and at least one
1547 vice chair, but no more than three vice chairs, each year at a meeting held [
1548
1549 (2) (a) If the election of officers is held [
1550 member of the board, but [
1551 member shall assume the position of the outgoing member for purposes of the election of
1552 officers.
1553 (b) In all other matters the outgoing member shall retain the full authority of the office
1554 until replaced as provided by law.
1555 [
1556 (3) The board shall determine the duties of the officers elected under this section.
1557 (4) The board shall appoint a secretary who serves at the pleasure of the board.
1558 (5) An officer [
1559 from office for cause by a vote of two-thirds of the board.
1560 Section 24. Section 53A-1a-506 is amended to read:
1561 53A-1a-506. Eligible students.
1562 (1) As used in this section:
1563 (a) "District school" means a public school under the control of a local school board
1564 elected pursuant to Title 20A, Chapter 14, [
1565 School Boards.
1566 (b) "Refugee" means a person who is eligible to receive benefits and services from the
1567 federal Office of Refugee Resettlement.
1568 (2) All resident students of the state qualify for admission to a charter school, subject
1569 to the limitations set forth in this section and Section 53A-1a-506.5.
1570 (3) (a) A charter school shall enroll an eligible student who submits a timely
1571 application, unless the number of applications exceeds the capacity of a program, class, grade
1572 level, or the charter school.
1573 (b) If the number of applications exceeds the capacity of a program, class, grade level,
1574 or the charter school, students shall be selected on a random basis, except as provided in
1575 Subsections (4) through (8).
1576 (4) A charter school may give an enrollment preference to:
1577 (a) a child or grandchild of an individual who has actively participated in the
1578 development of the charter school;
1579 (b) a child or grandchild of a member of the charter school governing board;
1580 (c) a sibling of a student presently enrolled in the charter school;
1581 (d) a child of an employee of the charter school;
1582 (e) students articulating between charter schools offering similar programs that are
1583 governed by the same governing board;
1584 (f) students articulating from one charter school to another pursuant to an articulation
1585 agreement between the charter schools that is approved by the State Charter School Board; or
1586 (g) students who reside within:
1587 (i) the school district in which the charter school is located;
1588 (ii) the municipality in which the charter school is located; or
1589 (iii) a two-mile radius of the charter school.
1590 (5) (a) Except as provided in Subsection (5)(b), a charter school that is approved by the
1591 State Board of Education after May 13, 2014, and is located in a high growth area shall give an
1592 enrollment preference to students who reside within a two-mile radius of the charter school.
1593 (b) The requirement to give an enrollment preference under Subsection (5)(a) does not
1594 apply to a charter school that was approved without a high priority status pursuant to
1595 Subsection 53A-1a-502.5(6)(b).
1596 (6) If a district school converts to charter status, the charter school shall give an
1597 enrollment preference to students who would have otherwise attended it as a district school.
1598 (7) (a) A charter school whose mission is to enhance learning opportunities for
1599 refugees or children of refugee families may give an enrollment preference to refugees or
1600 children of refugee families.
1601 (b) A charter school whose mission is to enhance learning opportunities for English
1602 language learners may give an enrollment preference to English language learners.
1603 (8) A charter school may weight its lottery to give a slightly better chance of admission
1604 to educationally disadvantaged students, including:
1605 (a) low-income students;
1606 (b) students with disabilities;
1607 (c) English language learners;
1608 (d) migrant students;
1609 (e) neglected or delinquent students; and
1610 (f) homeless students.
1611 (9) A charter school may not discriminate in its admission policies or practices on the
1612 same basis as other public schools may not discriminate in their admission policies and
1613 practices.
1614 Section 25. Section 53A-3-101 is amended to read:
1615 53A-3-101. Selection and election of members to local boards of education.
1616 Members of local boards of education shall be elected as provided in Title 20A,
1617 Chapter 14, [
1618 Section 26. Section 53A-11-102.5 is amended to read:
1619 53A-11-102.5. Dual enrollment.
1620 (1) "District school" means a public school under the control of a local school board
1621 elected pursuant to Title 20A, Chapter 14, [
1622 School Boards.
1623 (2) A person having control of a minor who is enrolled in a regularly established
1624 private school or a home school may also enroll the minor in a public school for dual
1625 enrollment purposes.
1626 (3) The minor may participate in any academic activity in the public school available to
1627 students in the minor's grade or age group, subject to compliance with the same rules and
1628 requirements that apply to a full-time student's participation in the activity.
1629 (4) (a) A student enrolled in a dual enrollment program in a district school is
1630 considered a student of the district in which the district school of attendance is located for
1631 purposes of state funding to the extent of the student's participation in the district school
1632 programs.
1633 (b) A student enrolled in a dual enrollment program in a charter school is considered a
1634 student of the charter school for purposes of state funding to the extent of the student's
1635 participation in the charter school programs.
1636 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1637 State Board of Education shall make rules for purposes of dual enrollment to govern and
1638 regulate the transferability of credits toward graduation that are earned in a private or home
1639 school.
1640 Section 27. Section 53A-15-1202 is amended to read:
1641 53A-15-1202. Definitions.
1642 As used in this part:
1643 (1) "District school" means a public school under the control of a local school board
1644 elected pursuant to Title 20A, Chapter 14, [
1645 School Boards.
1646 (2) "Eligible student" means:
1647 (a) a student enrolled in a district school or charter school in Utah; or
1648 (b) beginning on July 1, 2013, a student:
1649 (i) who attends a private school or home school; and
1650 (ii) whose custodial parent or legal guardian is a resident of Utah.
1651 (3) "LEA" means a local education agency in Utah that has administrative control and
1652 direction for public education.
1653 (4) "Online course" means a course of instruction offered by the Statewide Online
1654 Education Program through the use of digital technology.
1655 (5) "Primary LEA of enrollment" means the LEA in which an eligible student is
1656 enrolled for courses other than online courses offered through the Statewide Online Education
1657 Program.
1658 (6) "Released-time" means a period of time during the regular school day a student is
1659 excused from school at the request of the student's parent or guardian pursuant to rules of the
1660 State Board of Education.
1661 Section 28. Repealer.
1662 This bill repeals:
1663 Section 20A-1-507, Midterm vacancies in the State Board of Education.
1664 Section 20A-14-101.1, Definitions.
1665 Section 20A-14-101.5, State Board of Education -- Number of members -- State
1666 Board of Education district boundaries.
1667 Section 20A-14-102, State Board of Education districts.
1668 Section 20A-14-102.1, Omissions from maps -- How resolved.
1669 Section 20A-14-102.2, Uncertain boundaries -- How resolved.
1670 Section 20A-14-102.3, County clerk, Automated Geographic Reference Center,
1671 and lieutenant governor responsibilities -- Maps and voting precinct boundaries.
1672 Section 20A-14-104, Becoming a candidate for membership on the State Board of
1673 Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.
1674 Section 20A-14-105, Becoming a candidate for membership on the State Board of
1675 Education -- Selection of candidates by the governor -- Ballot placement.
1676 Section 20A-14-106, Vacancies on the State Board of Education.
Legislative Review Note
as of 1-26-15 1:56 PM
The Utah Legislature's Joint Rule 4-2-402 requires legislative general counsel to place a
legislative review note on legislation. The Legislative Management Committee has further
directed legislative general counsel to include legal analysis in the legislative review note only
if legislative general counsel determines there is a high probability that a court would declare
the legislation to be unconstitutional under the Utah Constitution, the United States
Constitution, or both. As explained in the legal analysis below, legislative general counsel has
determined, based on applicable state and federal constitutional language and current
interpretations of that language in state and federal court case law, that this legislation has a
high probability of being declared unconstitutional by a court.
Article X, Section 3, of the Utah Constitution provides as follows:
"The general control and supervision of the public education system shall be vested in a State
Board of Education. The membership of the board shall be established and elected as provided
by statute. The State Board of Education shall appoint a State Superintendent of Public
Instruction who shall be the executive officer of the board."
The question raised by this bill is whether Article X, Section 3, of the Utah Constitution would
permit members of the State School Board to be chosen by a group designated by law (such as
local school board members) rather than requiring an election by registered voters. "The
general rule of statutory construction is that where the statutory language is plain and
unambiguous, [appellate courts] do not look beyond the language's plain meaning to divine
legislative intent." Horton v. Royal Order of Sun, 821 P.2d 1167, 1168 (Utah 1991), citing
Schurtz v. BMW of N. Am. Inc., 814 P.2d 1108, 1112 (Utah 1991); Brinkerhoff v. Forsyth, 779
P.2d 685, 686 (Utah 1989); Allisen v. American Legion Post No. 134, 763 P.2d 806, 809 (Utah
1988).
In interpreting this constitutional provision, it is highly likely that a court would find that the
plain meaning of the term "elected" requires an election by registered voters. The same term is
used in the Utah Constitution in relation to public officers in general (Article IV, Section 9;
Article VI, Section 30; Article VII, Sections 9 and 10; and Article XXIV, Section 11),
legislators (Article VI, Sections 1, 4, 5, 7, 10, 17, 18, and 25; Article VII, Sections 6 and 8; and
Article XIII, Sections 1 and 2), public prosecutors (Article VIII, Section 16), county boards of
equalization (Article XIII, Section 7), and the governor and lieutenant governor (Article VII,
Section 2). None of these provisions have been interpreted to require anything other than
elections by registered voters, despite the fact that only two of these references have additional
language specifying submission to voters (the governor and lieutenant governor, Article VII,
Section 2; and public officers in general, Article IV, Section 9). Moreover, three of the
provisions that use the term "elected," use language similar to the language used in Article X,
Section 3 (see: Article VII, Section 10, which provides that following an appointment to fill a
vacancy in the office of state auditor, state treasurer, or attorney general, "the appointee shall
hold office until a successor shall be elected and qualified, as provided by law."; Article VIII,
Section 16, "Public prosecutors shall be elected in a manner provided by statute . . ."; and
Article XIII, Section 7, " . . . a county board of equalization consisting of elected county
officials as provided by statute.").
Additionally, while the meaning of the term "elected" in Article X, Section 3, of the Utah
Constitution has never been directly addressed by a Utah appellate court, the Utah Supreme
Court analyzed the Legislature's implementation of this provision in a manner that is
instructive in State Board of Education v. Commission of Finance, et al, 247 P.2d 435 (Utah
1952). In that case, the Legislature enacted a law that transitioned the appointed State Board of
Education to the elected board, required by the new constitutional provision, by allowing the
appointed members to serve the remainder of their terms of office and then be replaced by an
elected member. This statutory scheme was challenged when the Commission of Finance
refused to approve payment of the superintendent's salary because the superintendent was not
appointed by a board whose members had all been elected. In upholding the statutory scheme
enacted by the Legislature, the court analyzed the case as one based on the right of suffrage.
Specifically, the court stated as follows:
". . . it is clear that following the approval of the constitutional amendments on November 7,
1950, by the electorate, the Legislature was under a duty to provide for the election of Board
members." Id. at 443.
"Thus the question is presented whether the Legislature, when directed by a constitutional
amendment to provide by law the time and the manner of the election of a board of public
officers which theretofore has been appointive, works an unreasonable restraint upon the right
of suffrage if it spreads the election of the entire board over the next three succeeding general
elections." Id. at 444.
"Thus we conclude that [the statute] providing for the election of the Board according to the
schedule there set forth is not an unreasonable restraint upon the right of suffrage, but is a valid
exercise of the power of the Legislature to provide for the holding of elections. . ." Id. at 446.
Based on the court's analysis, it is clear that the court interpreted Article X, Section 3, of the
Utah Constitution as requiring the election of the State Board of Education by the registered
voters of the state.
This bill provides for the members of the State Board of Education to be chosen by electors
selected by local school board districts. Based on the foregoing analysis there is a high
probability that a Utah appellate court would hold that this method of selecting members of the
State Board of Education is an appointive process, rather than an elective process, that violates
Article X, Section 3, of the Utah Constitution.
Office of Legislative Research and General Counsel