Representative Susan Pulsipher proposes the following substitute bill:


1     
SCHOOL BOARD MIDTERM REPLACEMENT PROCESS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Pulsipher

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the process by which a midterm vacancy is filled on a local school
10     board.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows a local school board to make an appointment to fill a vacancy on the local
14     school board after a member of the local school board submits a letter of
15     resignation; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-1-511, as last amended by Laws of Utah 2012, Chapter 327
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 20A-1-511 is amended to read:
27          20A-1-511. Midterm vacancies on local school boards.
28          (1) (a) A local school board shall fill vacancies on the board by appointment, except as
29     otherwise provided in Subsection (2).
30          (b) If the board fails to make an appointment within 30 days after a vacancy occurs, the
31     county legislative body, or municipal legislative body in a city district, shall fill the vacancy by
32     appointment.
33          (c) A member appointed and qualified under this [subsection] Subsection (1) shall
34     serve until a successor is elected or appointed and qualified.
35          (2) (a) A vacancy on the board shall be filled by an interim appointment, followed by
36     an election to fill a two-year term if:
37          (i) the vacancy on the board occurs, or a letter of resignation is received by the board,
38     at least 14 days before the deadline for filing a declaration of candidacy; and
39          (ii) two years of the vacated term will remain after the first Monday of January
40     following the next school board election.
41          (b) Members elected under this [subsection] Subsection (2) shall serve for the
42     remaining two years of the vacated term and until a successor is elected and qualified.
43          (3) Before appointing [a person] an individual to fill a vacancy under this section, the
44     local school board shall:
45          (a) give public notice of the vacancy at least two weeks before the local school board
46     meets to fill the vacancy;
47          (b) identify, in the notice:
48          (i) the date, time, and place of the meeting where the vacancy will be filled; and
49          (ii) the person to whom [a person] and date by which an individual interested in being
50     appointed to fill the vacancy may submit [his] the individual's name for consideration [and any
51     deadline for submitting it]; and
52          (c) in an open meeting, interview each [person] individual, whose name [was] is
53     submitted for consideration and who meets the qualifications for office, regarding the
54     [person's] individual's qualifications.
55          (4) (a) Subject to Subsection (4)(b), a local school board may appoint an individual to
56     fill a vacancy described in Subsection (1) or (2) before the vacancy occurs if a member of the
57     local school board submits a letter of resignation.
58          (b) An individual appointed under Subsection (4)(a) may not take office until on or
59     after the day on which the vacancy occurs for which the individual is appointed.
60          (c) A member of a local school board who submits a letter of resignation under
61     Subsection (4)(a) may not rescind the resignation after the local school board makes an
62     appointment to fill the vacancy created by the resignation.