This document includes House Committee Amendments incorporated into the bill on Fri, Feb 15, 2019 at 10:40 AM by pflowers.
This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 4, 2019 at 11:57 AM by lpoole.
This document includes Senate Committee Amendments incorporated into the bill on Mon, Mar 4, 2019 at 12:02 PM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Mar 7, 2019 at 2:58 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to school fees.
10 Highlighted Provisions:
11 This bill:
12 ▸ requires the State Board of Education (state board) to report recommendations on
13 activity based costing;
14 ▸ defines "fee" and other related terms;
15 ▸ enacts conditions for a local education agency (LEA) to charge a fee;
16 ▸ requires the state board to take certain actions against an LEA that fails to comply
17 with fee provisions;
18 ▸ grants the state board rulemaking authority for fee provisions;
19 ▸ amends fee waiver provisions, including requiring an LEA to inform a student of
20 procedures to appeal a waiver denial;
21 ▸ requires an LEA governing board to adopt a fee policy and fee schedule;
22 ▸ amends the definition of "textbook" and other provisions related to textbooks;
23 ▸ repeals provisions authorizing citizens to petition a local school board to provide
24 free textbooks;
25 ▸ prohibits an LEA from charging a fee for a school uniform but permits a fee for
26 school activity clothing; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 This bill provides a special effective date.
32 This bill provides a coordination clause.
33 Utah Code Sections Affected:
34 AMENDS:
35 53E-10-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
36 53E-10-305, as last amended by Laws of Utah 2018, Chapter 410 and renumbered and
37 amended by Laws of Utah 2018, Chapter 1
38 53G-7-501, as enacted by Laws of Utah 2018, Chapter 3
39 53G-7-502, as renumbered and amended by Laws of Utah 2018, Chapter 3
40 53G-7-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
41 53G-7-504, as renumbered and amended by Laws of Utah 2018, Chapter 3
42 53G-7-505, as renumbered and amended by Laws of Utah 2018, Chapter 3
43 53G-7-601, as renumbered and amended by Laws of Utah 2018, Chapter 3
44 53G-7-602, as renumbered and amended by Laws of Utah 2018, Chapter 3
45 53G-7-606, as renumbered and amended by Laws of Utah 2018, Chapter 3
46 53G-7-801, as renumbered and amended by Laws of Utah 2018, Chapter 3
47 53G-7-802, as renumbered and amended by Laws of Utah 2018, Chapter 3
48 63I-2-253, as last amended by Laws of Utah 2018, Chapters 107, 281, 382, 415, and
49 456
50 ENACTS:
51 53E-3-518, Utah Code Annotated 1953
52 REPEALS AND REENACTS:
53 53G-7-603, as renumbered and amended by Laws of Utah 2018, Chapter 3
54 REPEALS:
55 53G-7-604, as renumbered and amended by Laws of Utah 2018, Chapter 3
56 53G-7-605, as renumbered and amended by Laws of Utah 2018, Chapter 3
57 Utah Code Sections Affected by Coordination Clause:
58 53E-1-201, as enacted by Laws of Utah 2018, Chapter 1
59 53E-1-202, Utah Code Annotated 1953
60
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 53E-3-518 is enacted to read:
63 53E-3-518. Recommendations on activity based costing.
64 (1) The state board shall create a working group, including LEA representatives, to
65 evaluate and present recommendations to the state board and Legislature on LEA efforts to
66 establish cost centers and implement activity based costing.
67 (2) The state board shall report the recommendations described in Subsection (1) to the
68 Education Interim Committee and Public Education Appropriations Subcommittee no later
69 than November 30, 2020.
70 Section 2. Section 53E-10-204 is amended to read:
71 53E-10-204. Local school boards' authority to direct adult education programs.
72 A local school board may do the following:
73 (1) establish and maintain classes for adult education, with classes being held at times
74 and places convenient and accessible to the members of the class;
75 (2) raise and appropriate funds for an adult education program;
76 (3) subject to [
77 participation in an adult education program; and
78 (4) hire persons to instruct adult education classes.
79 Section 3. Section 53E-10-305 is amended to read:
80 53E-10-305. Tuition and fees.
81 (1) Except as provided in this section, the State Board of Regents or an institution of
82 higher education may not charge tuition or fees for a concurrent enrollment course.
83 (2) (a) The State Board of Regents may charge a one-time fee for a student to
84 participate in the concurrent enrollment program.
85 (b) A student who pays a fee described in Subsection (2)(a) does not satisfy a general
86 admission application fee requirement for a full-time or part-time student at an institution of
87 higher education.
88 (3) (a) An institution of higher education may charge a one-time admission application
89 fee for concurrent enrollment course credit offered by the institution of higher education.
90 (b) Payment of the fee described in Subsection (3)(a) satisfies the general admission
91 application fee requirement for a full-time or part-time student at an institution of higher
92 education.
93 (4) (a) Except as provided in Subsection (4)(b), an institution of higher education may
94 charge partial tuition of no more than $30 per credit hour for a concurrent enrollment course
95 for which a student earns college credit.
96 (b) An institution of higher education may not charge more than:
97 (i) $5 per credit hour for an eligible student who qualifies for free or reduced price
98 school lunch;
99 (ii) $10 per credit hour for a concurrent enrollment course that is taught at an LEA by
100 an eligible instructor described in Subsection 53E-10-302(5)(c); or
101 (iii) $15 per credit hour for a concurrent enrollment course that is taught through video
102 conferencing.
103 (5) In accordance with Section 53G-7-603, an LEA may charge a fee for a textbook, as
104 defined in Section 53G-7-601, that is required for a concurrent enrollment course.
105 Section 4. Section 53G-7-501 is amended to read:
106 53G-7-501. Definitions.
107 [
108 (1) "Co-curricular activity" means an activity, a course, or a program that:
109 (a) is conducted outside of regular school hours;
110 (b) is provided, sponsored, or supported by an LEA; and
111 (c) includes a required regular school day activity, course, or program.
112 (2) "Curricular activity" means an activity, a course, or a program that is:
113 (a) provided, sponsored, or supported by an LEA; and
114 (b) conducted only during school hours.
115 (3) "Elementary school" means a school that provides instruction to students in grades
116 kindergarten, 1, 2, 3, 4, 5, or 6.
117 (4) (a) "Elementary school student" means a student enrolled in an elementary school.
118 (b) "Elementary school student" does not include a secondary school student.
119 (5) (a) "Extracurricular activity" means an activity, a course, or a program that is:
120 (i) not directly related to delivering instruction;
121 (ii) not a curricular activity or co-curricular activity; and
122 (iii) provided, sponsored, or supported by an LEA.
123 (b) "Extracurricular activity" does not include a noncurricular club as defined in
124 Section 53G-7-701.
125 (6) (a) "Fee" means a charge, expense, deposit, rental, or payment:
126 (i) regardless of how the charge, expense, deposit, rental, or payment is termed,
127 described, requested, or required directly or indirectly;
128 (ii) in the form of money, goods, or services; and
129 (iii) that is a condition to a student's full participation in an activity, course, or program
130 that is provided, sponsored, or supported by an LEA.
131 (b) "Fee" includes:
132 (i) money or something of monetary value raised by a student or the student's family
133 through fundraising;
134 (ii) charges or expenditures for a school field trip or activity trip, including related
135 transportation, food, lodging, and admission charges;
136 (iii) payments made to a third party that provides a part of a school activity, class, or
137 program;
138 (iv) charges or expenditures for classroom:
139 (A) textbooks;
140 (B) supplies; or
141 (C) materials;
142 (v) charges or expenditures for school activity clothing; and
143 (vi) a fine other than a fine described in Subsection (6)(c)(i).
144 (c) "Fee" does not include:
145 (i) a student fine specifically approved by an LEA for:
146 (A) failing to return school property;
147 (B) losing, wasting, or damaging private or school property through intentional,
148 careless, or irresponsible behavior, or as described in Section 53G-8-212; or
149 (C) improper use of school property, including a parking violation; Ŝ→ [
150 (ii) a payment for school breakfast or lunch Ŝ→ [
150a (iii) a deposit that is:
150b (A) a pledge securing the return of school property; and
150c (B) is refunded upon the return of the school property; or
150d (iv) a charge for insurance, unless the insurance is required for a student to participate
150e in an activity, class, or program. ←Ŝ
151 (7) (a) "Fundraising" means an activity or event provided, sponsored, or supported by
152 an LEA that uses students to generate funds or raise money to:
153 (i) provide financial support to a school or a school's class, group, team, or program; or
154 (ii) benefit a particular charity or for other charitable purposes.
155 (b) "Fundraising" does not include an alternative method of raising revenue without
156 students.
157 (8) (a) "School activity clothing" means special shoes or items of clothing:
158 (i) (A) that meet specific requirements, including requesting a specific color, style,
159 fabric, or imprint; and
160 (B) that a school requires a student to provide; and
161 (ii) that is worn by a student for a co-curricular or extracurricular activity.
162 (b) "School activity clothing" does not include a school uniform.
163 (9) (a) "School uniform" means special shoes or an item of clothing:
164 (i) (A) that meet specific requirements, including a requested specific color, style,
165 fabric, or imprint; and
166 (B) that a school requires a student to provide; and
167 (ii) that is worn by a student for a curricular activity.
168 (b) "School uniform" does not include school activity clothing.
169 (10) "Secondary school" means a school that provides instruction to students in grades
170 7, 8, 9, 10, 11, or 12.
171 (11) "Secondary school student":
172 (a) means a student enrolled in a secondary school; and
173 (b) includes a student in grade 6 if the student attends a secondary school.
174 (12) "Textbook" means the same as that term is defined in Section 53G-7-601.
175 (13) "Waiver" means a full or partial release from a requirement to pay a fee and from
176 any provision in lieu of fee payment.
177 Section 5. Section 53G-7-502 is amended to read:
178 53G-7-502. Schools to be free.
179 [
180
181 (1) between five and 18 years of age who [
182 and [
183 (2) over 18 who [
184 requirements for a high school diploma.
185 [
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187
188
189 [
190
191 Section 6. Section 53G-7-503 is amended to read:
192 53G-7-503. Fees -- Prohibitions -- Voluntary supplies -- Enforcement.
193 [
194 [
195 [
196
197 [
198 [
199 [
200 [
201 [
202
203 [
204
205
206
207
208 (1) An LEA may only charge a fee if the fee is authorized and noticed by the LEA
209 governing board in accordance with Section 53G-7-505.
210 [
211 not require a fee for elementary school activities [
212 or for supplies used during the regular school day.
213 (b) An elementary school or elementary school teacher may compile and provide to a
214 student's parent [
215 so that a parent [
216 (c) A list provided to [
217 accordance with Subsection [
218 language:
219 "NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR
220 SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS,
221 OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."
222 (3) (a) Ĥ→ [
222a imposes a fee, the fee shall be equal to or less than the expense
223 incurred by the LEA in providing for a student the activity, course, or program for which the
224 LEA imposes the fee.
225 (b) An LEA may not impose an additional fee or increase a fee to supplant or subsidize
226 another fee.
227 (4) (a) Beginning with or after the 2021-2022 school year, and notwithstanding Section
228 53E-3-401, if the state board finds that an LEA has violated a provision of this part or Part 6,
229 Textbook Fees, the state board shall impose corrective action against the LEA, which may
230 include:
231 (i) requiring an LEA to repay improperly charged fees;
232 (ii) withholding state funds; and
233 (iii) suspending the LEA's authority to charge fees for an amount of time specified by
234 the state board.
235 (b) The state board shall make rules:
236 (i) that require notice and an opportunity to be heard for an LEA affected by a state
237 board action described in Subsection (4)(a); and
238 (ii) to administer this Subsection (4).
239 Section 7. Section 53G-7-504 is amended to read:
240 53G-7-504. Waiver of fees -- Appeal of decision.
241 [
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245 [
246
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248 [
249
250
251 [
252
253
254
255 [
256
257 (1) (a) If an LEA or a school within an LEA charges one or more fees, the LEA shall
258 grant a waiver to a student if charging the fee would deny the student the opportunity to fully
259 participate or complete a requirement because of an inability to pay the fee.
260 (b) An LEA governing board shall:
261 (i) adopt policies for granting a waiver; and
262 (ii) in accordance with Section 53G-7-505, give notice of waiver eligibility and
263 policies.
264 (2) (a) [
265 under this part and Part 6, Textbook Fees, [
266 [
267
268
269 [
270 (i) tutorial assistance to other students;
271 (ii) assistance before or after school to teachers and other school personnel on school
272 related matters; and
273 (iii) general community or home service.
274 [
275 provided by the state board, subject to approval by the state board.
276 [
277
278
279 [
280 Division of Child and Family Services who [
281 Social Security Act, [
282 alternatives in accordance with [
283 [
284
285 (4) The state board shall make rules:
286 (a) requiring a parent [
287 documentation and certification to the school verifying:
288 (i) the student's eligibility to receive the waiver; and
289 (ii) if applicable, that the student has complied with alternatives for satisfying the fee
290 requirements under Subsection (2) [
291 possible according to the individual circumstances of [
292
293 (b) specifying the acceptable forms of documentation for the requirement under
294 Subsection [
295 pay stubs.
296 [
297 LEA is not required to keep documentation on file after the verification is completed.
298 (6) If a school denies a student or parent request for a fee waiver, the school shall
299 provide the student or parent:
300 (a) the school's written decision to deny a waiver; and
301 (b) the procedure to appeal in accordance with LEA policy.
302 Section 8. Section 53G-7-505 is amended to read:
303 53G-7-505. Approval and notice of student fees and waivers.
304 [
305
306
307 (1) An LEA governing board shall annually:
308 (a) adopt fee policies and a fee schedule; and
309 (b) provide the fee schedule to each student and parent.
310 (2) For the fee schedule, the LEA governing board shall:
311 (a) before approving the fee schedule, provide at least two opportunities for the public
312 to comment on the proposed fee schedule;
313 (b) encourage public participation in the development of the fee schedule; and
314 (c) approve the fee schedule in a regularly scheduled public meeting.
315 (3) (a) The fee schedule shall include the following:
316 (i) a specific amount for each fee on the fee schedule;
317 (ii) if a student is responsible for multiple fees related to one activity, class, or
318 program, a clear and easy to understand delineation of each fee and the fee total for each
319 activity, class, or program;
320 (iii) the LEA's fee waiver policy, including an easily understandable statement
321 informing a parent that a student:
322 (A) may be eligible to have one or more fees waived; and
323 (B) may appeal the LEA's decision if the LEA denies a request for a fee waiver; and
324 (iv) a corresponding spending plan for each fee.
325 (b) The LEA shall:
326 (i) publish the fee schedule on each of the LEA's school's websites; and
327 (ii) include a copy of the LEA's fee schedule with the LEA's registration materials.
328 Section 9. Section 53G-7-601 is amended to read:
329 53G-7-601. Definitions.
330 [
331
332
333
334
335 As used in this part:
336 (1) "Fee" means the same as that term is defined in Section 53G-7-501.
337 (2) "Textbook" means instructional material necessary for participation in an activity,
338 course, or program, regardless of the format of the material.
339 Section 10. Section 53G-7-602 is amended to read:
340 53G-7-602. State policy on providing free textbooks.
341 (1) It is the public policy of this state that public education shall be free.
342 (2) A student may not be denied an education because of economic inability to
343 purchase textbooks necessary for advancement in or graduation from the public school system.
344 [
345
346 (3) (a) Beginning with the Ŝ→ [
347 (i) except as provided in Subsection (3)(a)(ii), may not sell textbooks or otherwise
348 charge a textbook fee; and
349 (ii) may only charge a fee for a textbook required for an Advanced Placement or, as
350 described in Section 53E-10-302, a concurrent enrollment course.
351 (b) The LEA shall waive a fee described in Subsection (3)(b)(i) in full or in part if a
352 student qualifies for a waiver in accordance with Section 53G-7-504.
353 Section 11. Section 53G-7-603 is repealed and reenacted to read:
354 53G-7-603. Purchase of textbooks -- Textbooks provided to teachers.
355 (1) An LEA governing board may purchase textbooks directly from the textbook
356 publisher at prices and terms approved by the state board.
357 (2) An LEA governing board shall purchase each textbook necessary for a teacher to
358 conduct his or her class.
359 (3) An LEA may pay the LEA's cost of furnishing textbooks from school operating
360 funds, the textbook fund, or from other available funds.
361 (4) A textbook remains the property of the LEA.
362 Section 12. Section 53G-7-606 is amended to read:
363 53G-7-606. Disposal of textbooks.
364 (1) [
365
366 notifying all other [
367 textbooks.
368 (2) Subsection (1) does not apply to textbooks that have been damaged, mutilated, or
369 worn out.
370 (3) The [
371 directing the disposal of textbooks.
372 Section 13. Section 53G-7-801 is amended to read:
373 53G-7-801. Definitions.
374 As used in this part:
375 (1) "Principal" includes the chief administrator of a school that does not have a
376 principal.
377 (2) "School" means a public school, including a charter school.
378 (3) "School official" means the principal of a school or the local school board for a
379 school district.
380 (4) "School uniform" means [
381
382
383
384 53G-7-501.
385 Section 14. Section 53G-7-802 is amended to read:
386 53G-7-802. Uniforms in schools -- Legislative finding -- Policies.
387 (1) The Legislature finds that:
388 (a) each student should be allowed to learn in a safe environment which fosters the
389 learning process and is free from unnecessary disruptions;
390 (b) the wearing of certain types of clothing may identify students as members of youth
391 gangs and contribute to disruptive behavior and violence in the schools;
392 (c) school uniform policies may be part of an overall program to:
393 (i) improve school safety and discipline; and
394 (ii) help avoid the disruption of the classroom atmosphere and decorum and prevent
395 disturbances among students; and
396 (d) school uniforms may:
397 (i) decrease violence and theft among students; and
398 (ii) foster and promote desirable school operating conditions and a positive educational
399 environment in accordance with this part.
400 (2) Ŝ→ (a) ←Ŝ In accordance with Section 53G-7-803, a school may adopt a school uniform
400a policy
401 that requires students enrolled at that school to wear a designated school uniform during the
402 school day.
402a Ŝ→ (b) Except as provided in Subsection (4)(b), a school uniform policy may not require
402b clothing that is prescriptive or expensive. ←Ŝ
403 (3) A school uniform policy shall:
404 (a) protect students' free exercise of religious beliefs;
405 (b) specify whether the uniform policy is voluntary or mandatory for students; Ŝ→ [
407 provisions under Subsection (5) Ŝ→ [
408 [(d) include a provision for financial assistance to families who cannot afford to
409 purchase a required uniform, which may include:]
410 [(i) the school providing school uniforms to students;]
411 [(ii) the school making used school uniforms available to students; or]
412 [(iii) other programs to make school uniforms available to economically disadvantaged
413 students.]
414 [(4) Ŝ→ [
414a under this part is not considered a fee for either an
415 elementary or a secondary school. Ŝ→ [
416 (4) An LEA may not charge a student or parent a fee, as defined in Section 53G-7-501,
417 for a school uniform.
417a school uniform policy that requires clothing that is expensive or prescriptive.
417b (b)(ii) A school uniform policy described in Subsection (4)(b)(i) is considered a fee, as
417c defined in Section 53G-7-501, and is subject to Part 5, Student Fees. ←Ŝ
418 (5) A school uniform policy shall include a provision allowing a principal at any time
419 during the school year to grant an exemption from wearing a school uniform to a student
420 because of extenuating circumstances.
421 (6) (a) If a school adopts a school uniform policy under this part, that school's
422 governing body or local school board shall adopt local appellate procedures for school actions
423 under this part, including a denial of an exemption requested under Subsection (5).
424 (b) A person may seek judicial review of an action under this part only after exhausting☆
425 ☆the remedies provided under this Subsection (6).
426 Section 15. Section 63I-2-253 is amended to read:
427 63I-2-253. Repeal dates -- Titles 53 through 53G.
428 (1) Section 53A-24-602 is repealed July 1, 2018.
429 (2) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
430 (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
431 Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
432 make necessary changes to subsection numbering and cross references.
433 (3) (a) Subsection 53B-2a-108(5) is repealed July 1, 2022.
434 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
435 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
436 necessary changes to subsection numbering and cross references.
437 (4) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as provided
438 in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
439 (b) Subsection 53B-7-705(6)(b)(ii)(B) is repealed July 1, 2021.
440 (5) (a) Subsection 53B-7-707(4)(a)(ii), the language that states "Except as provided in
441 Subsection (4)(b)," is repealed July 1, 2021.
442 (b) Subsection 53B-7-707(4)(b) is repealed July 1, 2021.
443 (6) (a) The following sections are repealed on July 1, 2023:
444 (i) Section 53B-8-202;
445 (ii) Section 53B-8-203;
446 (iii) Section 53B-8-204; and
447 (iv) Section 53B-8-205.
448 (b) (i) Subsection 53B-8-201(2) is repealed on July 1, 2023.
449 (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and
450 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
451 necessary changes to subsection numbering and cross references.
452 (7) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
453 repealed July 1, 2023.
454 (8) Section 53E-3-518 is repealed July 1, 2021.
455 [
456 [
457 [
458 as applicable" is repealed July 1, 2023.
459 [
460 [
461 applicable" is repealed July 1, 2023.
462 [
463 [
464 [
465 applicable" is repealed July 1, 2023.
466 [
467 applicable" is repealed July 1, 2023.
468 [
469 applicable" is repealed July 1, 2023.
470 [
471 applicable" is repealed July 1, 2023.
472 [
473 Legislative Research and General Counsel shall, in addition to the office's authority under
474 Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
475 identified in this section are complete sentences and accurately reflect the office's perception of
476 the Legislature's intent.
477 Section 16. Repealer.
478 This bill repeals:
479 Section 53G-7-604, Free textbook system.
480 Section 53G-7-605, Repurchase and resale of textbooks.
481 Section 17. Effective date.
482 This bill takes effect July 1, 2019.
483 Section 18. Coordinating H.B. 250 with S.B. 14 -- Substantive language.
484 If this H.B. 250 and S.B. 14, Education Reporting Requirements, both pass and become
485 law, it is the intent of the Legislature that the Office of Legislative Research and General
486 Counsel prepare the Utah Code database for publication by:
487 (1) (a) inserting the following language as a new Subsection 53E-1-201(2)(a):
488 "(a) the reports described in Section 53E-3-518 by the state board regarding cost centers
489 and implementing activity based costing;"; and
490 (b) renumbering remaining subsections accordingly; and
491 (2) inserting the following language as Subsection 53E-1-202(2):
492 "(2)(a) The one-time report by the state board regarding cost centers and implementing
493 activity based costing is due to the Public Education Appropriations Subcommittee in
494 accordance with Section 53E-3-518.
495 (b) The occasional report, described in Section 53F-2-502 by the state board on the
496 program evaluation of the dual language immersion program, is due to the Public Education
497 Appropriations Subcommittee and in accordance with Section 68-3-14.".