1     
STATE BOARD OF EDUCATION CANDIDATE SELECTION

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code related to selecting candidates for the
10     State Board of Education.
11     Highlighted Provisions:
12          This bill:
13          ▸     describes the criteria and requirements relating to selecting candidates for the State
14     Board of Education;
15          ▸     modifies dates in relation to selecting candidates for the State Board of Education;
16          ▸     repeals the State Board of Education nominating procedures on January 1, 2017;
17     and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-14-104, as last amended by Laws of Utah 2004, Chapter 19
26          20A-14-105, as last amended by Laws of Utah 2011, Chapters 292, 327, 335 and last
27     amended by Coordination Clause, Laws of Utah 2011, Chapter 327
28          63I-2-220, as last amended by Laws of Utah 2014, Chapter 3
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 20A-14-104 is amended to read:
32          20A-14-104. Becoming a candidate for membership on the State Board of
33     Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.
34          (1) (a) Persons interested in becoming a candidate for the State Board of Education
35     shall file a declaration of candidacy according to the procedures and requirements of Sections
36     20A-9-201 and 20A-9-202.
37          (b) By May 1 of the year in which a State Board of Education member's term expires,
38     the lieutenant governor shall submit the name of each person who has filed a declaration of
39     candidacy for the State Board of Education to the nominating and recruiting committee for the
40     State Board of Education.
41          (2) [By November] On or before March 1 of [the year preceding each] a regular general
42     election year, the governor shall appoint a nominating and recruiting committee consisting of
43     12 members, each to serve a two-year term, [shall be appointed by the governor] as follows:
44          (a) one member shall be appointed to represent each of the following business and
45     industry sectors:
46          (i) manufacturing and mining;
47          (ii) transportation and public utilities;
48          (iii) service, trade, and information technology;
49          (iv) finance, insurance, and real estate;
50          (v) construction; and
51          (vi) agriculture; and
52          (b) one member shall be appointed to represent each of the following education
53     sectors:
54          (i) teachers;
55          (ii) school administrators;
56          (iii) parents;
57          (iv) local school board members;
58          (v) charter schools; and
59          (vi) higher education.
60          (3) In appointing members of the nominating and recruiting committee, the governor:
61          (a) [The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
62     through (vi) shall be appointed] shall appoint from lists containing [at least two] the names of
63     at least two individuals submitted by organizations representing each of the [respective]
64     sectors[.] described in Subsection (2);
65          (b) [At] ensure that at least one member of the nominating and recruiting committee
66     [shall reside] resides within each state board district in which a member's term expires during
67     the committee's two-year term of office[.]; and
68          (c) may not consider, nor make an appointment, based on the political or educational
69     philosophies, viewpoints, or affiliations of an individual whose name is submitted under
70     Subsection (3)(a).
71          (4) (a) The members shall elect one member to serve as chair for the committee.
72          (b) The chair, or another member of the committee designated by the chair, shall
73     schedule and convene all committee meetings.
74          (c) Any formal action by the committee requires the approval of a majority of
75     committee members.
76          (d) Members of the nominating and recruiting committee shall serve without
77     compensation, but [they] may be reimbursed for expenses incurred in the performance of their
78     official duties as established by the Division of Finance.
79          (5) The nominating and recruiting committee shall:
80          (a) recruit potential candidates for membership on the State Board of Education prior
81     to the deadline to file a declaration of candidacy;
82          (b) prepare a list of candidates for membership on the State Board of Education for
83     each state board district subject to election in that year using the qualifications under
84     Subsection (6);
85          (c) submit a list of at least three candidates for each state board position to the
86     governor [by July] on or before April 1; and
87          (d) ensure that the list includes appropriate background information on each candidate.
88          [(6) The nominating committee shall select a broad variety of candidates who possess
89     outstanding professional qualifications relating to the powers and duties of the State Board of
90     Education, including experience in the following areas:]
91          [(a) business and industry administration;]
92          [(b) business and industry human resource management;]
93          [(c) business and industry finance;]
94          [(d) business and industry, including expertise in:]
95          [(i) metrics and evaluation;]
96          [(ii) manufacturing;]
97          [(iii) retailing;]
98          [(iv) natural resources;]
99          [(v) information technology;]
100          [(vi) construction;]
101          [(vii) banking;]
102          [(viii) science and engineering; and]
103          [(ix) medical and healthcare;]
104          [(e) higher education administration;]
105          [(f) applied technology education;]
106          [(g) public education administration;]
107          [(h) public education instruction;]
108          [(i) economic development;]
109          [(j) labor; and]
110          [(k) other life experiences that would benefit the State Board of Education.]
111          (6) The nominating committee shall select the most qualified of the candidates, taking
112     into account a candidate's:
113          (a) level and quality of education and experience, including education and experience
114     in the following areas:
115          (i) education;
116          (ii) administration or management;
117          (iii) past service on:
118          (A) a local school board or a charter school governing board, or in a state education
119     agency; and
120          (B) other boards of public, private, for-profit, or nonprofit entities;
121          (iv) finances; and
122          (v) business management;
123          (b) knowledge and understanding of skill sets needed by Utah's citizens, including
124     Utah's future workforce;
125          (c) work ethic;
126          (d) financial responsibility; and
127          (e) ability to perform the responsibilities of a member of the State Board of Education.
128          (7) The nominating and recruiting committee:
129          (a) may not consider, nor make a selection, based on the political or educational
130     philosophies, viewpoints, or affiliations of an individual who files a declaration of candidacy
131     for the office of State Board of Education member; and
132          (b) shall, with the list described in Subsection (5)(c), submit a written statement to the
133     governor describing the qualifications of the candidates on the list.
134          Section 2. Section 20A-14-105 is amended to read:
135          20A-14-105. Becoming a candidate for membership on the State Board of
136     Education -- Selection of candidates by the governor -- Ballot placement.
137          (1) [By] On or before August 1 of each regular general election year, the governor
138     shall:
139          (a) for each state board district subject to election in that year, select two candidates for
140     the State Board of Education from the lists submitted by the state board district nominating and
141     recruiting committee; and
142          (b) certify the names of the two candidates from each school board district to the
143     lieutenant governor.
144          (2) In selecting the candidates under Subsection (1)(a), the governor:
145          (a) shall select the most qualified of the candidates, taking into account the criteria
146     described in Subsection 20A-14-104(6);
147          (b) may not consider, nor make a selection, based on the political or educational
148     philosophies, viewpoints, or affiliations of a candidate; and
149          (c) shall, with the certification described in Subsection (1)(b), provide a written
150     statement to the lieutenant governor describing the qualifications of the candidates selected by
151     the governor.
152          [(2)] (3) If the governor fails to select two candidates for a state board district by
153     August 1, the nominating and recruiting committee shall:
154          (a) select the two candidates[; and] using the same criteria, and subject to the same
155     limitations, described in Subsections (2)(a) and (b);
156          (b) notify the lieutenant governor of [its] the committee's selections [by] on or before
157     August 31[.]; and
158          (c) with the notification described in Subsection (3)(b), submit a written statement to
159     the lieutenant governor describing the qualifications of the candidates selected by the
160     nominating and recruiting committee.
161          [(3)] (4) In accordance with Section 20A-6-305, the lieutenant governor shall certify
162     the names described in Subsection (1)(b) or (3)(b), as applicable, and the order of the names, to
163     the county clerks for placement on the nonpartisan section of the ballot.
164          Section 3. Section 63I-2-220 is amended to read:
165          63I-2-220. Repeal dates, Title 20A.
166          [(1) Section 20A-3-704 is repealed January 1, 2016.]
167          [(2) Section 20A-5-410 is repealed January 1, 2016.]
168          [(3) (a) Subsection 20A-7-101(1)(a)(i), the language that states "of the first class" and
169     "; or" is repealed January 1, 2015.]
170          [(b) Subsection 20A-7-101(1)(a)(ii), the language that states "for a county not
171     described in Subsection (1)(a)(i), a person designated as budget officer in Section 17-19-19" is
172     repealed January 1, 2015.]
173          [(4) Section 20A-9-403.1 is repealed on January 1, 2015.]
174          (1) Sections 20A-14-104 and 20A-14-105 are repealed on January 1, 2017.
175          Section 4. Effective date.
176          If approved by two-thirds of all the members elected to each house, this bill takes effect
177     upon approval by the governor, or the day following the constitutional time limit of Utah
178     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
179     the date of veto override.




Legislative Review Note
Office of Legislative Research and General Counsel