This document includes House Floor Amendments incorporated into the bill on Wed, Jun 19, 2024 at 6:10 PM by housengrossing.
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7 LONG TITLE
8 General Description:
9 This bill repeals and amends certain provisions relating to creating a new school district
10 and electing school board members when a new school district is created.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ retrospectively repeals procedures for a local school board to propose a new school
15 district;
16 ▸ amends certain processes and procedures related to creating a new school district;
17 ▸ amends provisions of the Election Code regarding Ĥ→ :
17a • the creation of a new school district; and ←Ĥ
17b local school board elections
18 when a new school district is created;
19 ▸ specifies the board of canvassers for an election to create a new school district or to
20 elect school board members for a new school district or a reorganized new school
21 district;
22 ▸ requires county and municipal legislative bodies that redistrict after a new school
23 district is created to adjust initial terms for the newly elected school board members;
24 ▸ amends the timeline for redistricting after a new school district is created; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 This bill provides a special effective date.
30 This bill has retrospective operation.
31 Utah Code Sections Affected:
32 AMENDS:
33 20A-1-201.5, as last amended by Laws of Utah 2024, Chapter 438
34 20A-1-202, as last amended by Laws of Utah 2023, Chapter 15
35 20A-1-203, as last amended by Laws of Utah 2024, Chapters 438, 526
36 20A-4-301, as last amended by Laws of Utah 2024, Chapter 465
37 20A-7-101, as last amended by Laws of Utah 2024, Chapters 438, 442 and 465
38 20A-7-402, as last amended by Laws of Utah 2023, Chapter 435
39 20A-9-404, as last amended by Laws of Utah 2023, Chapter 116
40 20A-11-1203, as last amended by Laws of Utah 2019, Chapter 203
41 20A-14-201, as last amended by Laws of Utah 2022, Chapter 265
42 36-12-15, as last amended by Laws of Utah 2024, Chapters 403, 526
43 53G-3-102, as last amended by Laws of Utah 2024, Chapter 526
44 53G-3-202, as last amended by Laws of Utah 2024, Chapter 526
45 53G-3-301, as repealed and reenacted by Laws of Utah 2024, Chapter 526
46 53G-3-301.1, as enacted by Laws of Utah 2024, Chapter 526
47 53G-3-301.3, as enacted by Laws of Utah 2024, Chapter 526
48 53G-3-301.4, as enacted by Laws of Utah 2024, Chapter 526
49 53G-3-302, as repealed and reenacted by Laws of Utah 2024, Chapter 526
50 53G-3-303, as last amended by Laws of Utah 2024, Chapter 526
51 53G-3-305, as last amended by Laws of Utah 2024, Chapter 526
52 REPEALS AND REENACTS:
53 53G-3-301.2, as enacted by Laws of Utah 2024, Chapter 526
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 20A-1-201.5 is amended to read:
57 20A-1-201.5. Primary election dates.
58 (1) The regular primary election shall be held throughout the state on the fourth
59 Tuesday of June of each even numbered year as provided in Section 20A-9-403, 20A-9-407, or
60 20A-9-408, as applicable, to nominate persons for national, state, school board, and county
61 offices.
62 (2) A municipal primary election shall be held, if necessary, on the second Tuesday
63 following the first Monday in August before the regular municipal election to nominate persons
64 for:
65 (a) municipal offices[
66 (b) local school board office for a new school district or a reorganized new school
67 district under Section 53G-3-302.
68 (3) A presidential primary election shall be held throughout the state on the first
69 Tuesday in March in the year in which a presidential election will be held.
70 Section 2. Section 20A-1-202 is amended to read:
71 20A-1-202. Date and purpose of municipal general election.
72 (1) Except as provided in Section 20A-1-206, a municipal general election shall be
73 held in municipalities, and special districts as applicable, on the first Tuesday after the first
74 Monday in November of each odd-numbered year.
75 (2) At the municipal general election, the voters shall:
76 (a) (i) choose persons to serve as municipal officers; [
77 (ii) for a special district that holds an election during an odd-numbered year, choose
78 persons to serve as special district officers; and
79 (iii) choose persons to serve as local school board members for a new school district or
80 a reorganized new school district under Section 53G-3-302; and
81 (b) approve or reject:
82 (i) any proposed initiatives or referenda that have qualified for the ballot as provided
83 by law; and
84 (ii) any other ballot propositions submitted to the voters that are authorized by the Utah
85 Code.
86 Section 3. Section 20A-1-203 is amended to read:
87 20A-1-203. Calling and purpose of special elections -- Two-thirds vote
88 limitations.
89 (1) Statewide and local special elections may be held for any purpose authorized by
90 law.
91 (2) (a) Statewide special elections shall be conducted using the procedure for regular
92 general elections.
93 (b) Except as otherwise provided in this title, local special elections shall be conducted
94 using the procedures for regular municipal elections.
95 (3) The governor may call a statewide special election by issuing an executive order
96 that designates:
97 (a) the date for the statewide special election; and
98 (b) the purpose for the statewide special election.
99 (4) The Legislature may call a statewide special election by passing a joint or
100 concurrent resolution that designates:
101 (a) the date for the statewide special election; and
102 (b) the purpose for the statewide special election.
103 (5) (a) The legislative body of a local political subdivision may call a local special
104 election only for:
105 (i) a vote on a bond or debt issue;
106 (ii) a vote on a voted local levy authorized by Section 53F-8-402 or 53F-8-301;
107 (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
108 (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
109 (v) if required or authorized by federal law, a vote to determine whether Utah's legal
110 boundaries should be changed;
111 (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
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116 telecommunications services under Section 10-18-204;
117 [
118 [
119 [
120 10-2a-210.
121 (b) The legislative body of a local political subdivision may call a local special election
122 by adopting an ordinance or resolution that designates:
123 (i) the date for the local special election as authorized by Section 20A-1-204; and
124 (ii) the purpose for the local special election.
125 (c) A local political subdivision may not call a local special election unless the
126 ordinance or resolution calling a local special election under Subsection (5)(b) is adopted by a
127 two-thirds majority of all members of the legislative body, if the local special election is for:
128 (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
129 (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
130 (iii) a vote authorized or required for a sales tax issue as described in Subsection
131 (5)(a)(vi).
132 Section 4. Section 20A-4-301 is amended to read:
133 20A-4-301. Board of canvassers.
134 (1) (a) Each county legislative body is the board of county canvassers for:
135 (i) the county; and
136 (ii) each special district whose election is conducted by the county if:
137 (A) the election relates to the creation of the special district;
138 (B) the county legislative body serves as the governing body of the special district; or
139 (C) there is no duly constituted governing body of the special district.
140 (b) The board of county canvassers shall meet to canvass the returns at the usual place
141 of meeting of the county legislative body, at a date and time determined by the county clerk
142 that is no sooner than seven days after the election and no later than 14 days after the election.
143 (c) If one or more of the county legislative body fails to attend the meeting of the board
144 of county canvassers, the remaining members shall replace the absent member by appointing in
145 the order named:
146 (i) the county treasurer;
147 (ii) the county assessor; or
148 (iii) the county sheriff.
149 (d) Attendance of the number of persons equal to a simple majority of the county
150 legislative body, but not less than three persons, shall constitute a quorum for conducting the
151 canvass.
152 (e) The county clerk is the clerk of the board of county canvassers.
153 (2) (a) The mayor and the municipal legislative body are the board of municipal
154 canvassers for the municipality.
155 (b) The board of municipal canvassers shall meet to canvass the returns at the usual
156 place of meeting of the municipal legislative body:
157 (i) for canvassing of returns from a municipal general election, no sooner than seven
158 days after the election and no later than 14 days after the election; or
159 (ii) for canvassing of returns from a municipal primary election, no sooner than seven
160 days after the election and no later than 14 days after the election.
161 (c) Attendance of a simple majority of the municipal legislative body shall constitute a
162 quorum for conducting the canvass.
163 (3) (a) The legislative body of the entity authorizing a bond election is the board of
164 canvassers for each bond election.
165 (b) The board of canvassers for the bond election shall comply with the canvassing
166 procedures and requirements of Section 11-14-207.
167 (c) Attendance of a simple majority of the legislative body of the entity authorizing a
168 bond election shall constitute a quorum for conducting the canvass.
169 (4) (a) If a board of trustees or an administrative control board is the governing body of
170 a special district, the board of trustees or the administrative control board is the board of
171 special district canvassers for the special district.
172 (b) The board of special district canvassers shall meet to canvass the returns at the
173 usual place of meeting for the board of trustees or the administrative control board, as
174 applicable, at a date and time determined by the special district clerk that is no sooner than
175 seven days after the day of the election and no later than 14 days after the day of the election.
176 (c) Attendance of a simple majority of the board of trustees or the administrative
177 control board is a quorum for conducting the canvass.
178 (5) In relation to an election for the creation of a new school district under Section
179 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4, or in relation to an election of members of a local
180 school board for a new school district or a reorganized new school district under Section
181 53G-3-302, the board of canvassers is:
182 (a) if the voters permitted to vote in the election are all residents of the same
183 municipality, the mayor and the municipal legislative body;
184 (b) if the voters permitted to vote in the election are not all residents of the same
185 municipality, but are all residents of the same county, the county legislative body; or
186 (c) if the voters permitted to vote in the election are not all residents of the same
187 municipality and are not all residents of the same county, the county legislative body of the
188 county where the majority of the voters permitted to vote in the election are residents.
189 Section 5. Section 20A-7-101 is amended to read:
190 20A-7-101. Definitions.
191 As used in this chapter:
192 (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
193 gather signatures for the electronic initiative process, the electronic referendum process, or the
194 electronic candidate qualification process.
195 (2) "Budget officer" means:
196 (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
197 (b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
198 (c) for a town, the town council.
199 (3) "Certified" means that the county clerk has acknowledged a signature as being the
200 signature of a registered voter.
201 (4) "Circulation" means the process of submitting an initiative petition or a referendum
202 petition to legal voters for their signature.
203 (5) "Electronic initiative process" means:
204 (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
205 and 20A-21-201, for gathering signatures; or
206 (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
207 20A-21-201, for gathering signatures.
208 (6) "Electronic referendum process" means:
209 (a) as it relates to a statewide referendum, the process, described in Sections
210 20A-7-313 and 20A-21-201, for gathering signatures; or
211 (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
212 20A-21-201, for gathering signatures.
213 (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county,
214 city, or town that is holding an election on a ballot proposition.
215 (8) "Final fiscal impact statement" means a financial statement prepared after voters
216 approve an initiative that contains the information required by Subsection 20A-7-202.5(2) or
217 20A-7-502.5(2).
218 (9) "Initial fiscal impact statement" means a financial statement prepared under Section
219 20A-7-202.5 after the filing of a statewide initiative application.
220 (10) "Initial fiscal impact and legal statement" means a financial and legal statement
221 prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
222 referendum.
223 (11) "Initiative" means a new law proposed for adoption by the public as provided in
224 this chapter.
225 (12) "Initiative application" means:
226 (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
227 includes all the information, statements, documents, and notarized signatures required under
228 Subsection 20A-7-202(2); or
229 (b) for a local initiative, an application described in Subsection 20A-7-502(2) that
230 includes all the information, statements, documents, and notarized signatures required under
231 Subsection 20A-7-502(2).
232 (13) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
233 law, and the signature sheets, all of which have been bound together as a unit.
234 (14) "Initiative petition":
235 (a) as it relates to a statewide initiative, using the manual initiative process:
236 (i) means the form described in Subsection 20A-7-203(2)(a), petitioning for
237 submission of the initiative to the Legislature or the legal voters; and
238 (ii) if the initiative proposes a tax increase, includes the statement described in
239 Subsection 20A-7-203(2)(b);
240 (b) as it relates to a statewide initiative, using the electronic initiative process:
241 (i) means the form described in Subsections 20A-7-215(2) and (3), petitioning for
242 submission of the initiative to the Legislature or the legal voters; and
243 (ii) if the initiative proposes a tax increase, includes the statement described in
244 Subsection 20A-7-215(5)(b);
245 (c) as it relates to a local initiative, using the manual initiative process:
246 (i) means the form described in Subsection 20A-7-503(2)(a), petitioning for
247 submission of the initiative to the legislative body or the legal voters; and
248 (ii) if the initiative proposes a tax increase, includes the statement described in
249 Subsection 20A-7-503(2)(b); or
250 (d) as it relates to a local initiative, using the electronic initiative process:
251 (i) means the form described in Subsection 20A-7-514(2)(a), petitioning for
252 submission of the initiative to the legislative body or the legal voters; and
253 (ii) if the initiative proposes a tax increase, includes the statement described in
254 Subsection 20A-7-514(4)(a).
255 (15) (a) "Land use law" means a law of general applicability, enacted based on the
256 weighing of broad, competing policy considerations, that relates to the use of land, including
257 land use regulation, a general plan, a land use development code, an annexation ordinance, the
258 rezoning of a single property or multiple properties, or a comprehensive zoning ordinance or
259 resolution.
260 (b) "Land use law" does not include a land use decision, as defined in Section
261 10-9a-103 or 17-27a-103.
262 (16) "Legal signatures" means the number of signatures of legal voters that:
263 (a) meet the numerical requirements of this chapter; and
264 (b) have been obtained, certified, and verified as provided in this chapter.
265 (17) "Legal voter" means an individual who is registered to vote in Utah.
266 (18) "Legally referable to voters" means:
267 (a) for a proposed local initiative, that the proposed local initiative is legally referable
268 to voters under Section 20A-7-502.7; or
269 (b) for a proposed local referendum, that the proposed local referendum is legally
270 referable to voters under Section 20A-7-602.7.
271 (19) "Local attorney" means the county attorney, city attorney, or town attorney in
272 whose jurisdiction a local initiative or referendum petition is circulated.
273 (20) "Local clerk" means the county clerk, city recorder, or town clerk in whose
274 jurisdiction a local initiative or referendum petition is circulated.
275 (21) (a) "Local law" includes:
276 (i) an ordinance;
277 (ii) a resolution;
278 (iii) a land use law;
279 (iv) a land use regulation, as defined in Section 10-9a-103; or
280 (v) other legislative action of a local legislative body.
281 (b) "Local law" does not include a land use decision, as defined in Section 10-9a-103.
282 (22) "Local legislative body" means the legislative body of a county, city, or town.
283 (23) "Local obligation law" means a local law passed by the local legislative body
284 regarding a bond that was approved by a majority of qualified voters in an election.
285 (24) "Local tax law" means a law, passed by a political subdivision with an annual or
286 biannual calendar fiscal year, that increases a tax or imposes a new tax.
287 (25) "Manual initiative process" means the process for gathering signatures for an
288 initiative using paper signature packets that a signer physically signs.
289 (26) "Manual referendum process" means the process for gathering signatures for a
290 referendum using paper signature packets that a signer physically signs.
291 (27) (a) "Measure" means a proposed constitutional amendment, an initiative, or
292 referendum.
293 (b) "Measure" does not include a ballot proposition for the creation of a new school
294 district under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4.
295 (28) "Presiding officers" means the president of the Senate and the speaker of the
296 House of Representatives.
297 (29) "Referendum" means a process by which a law passed by the Legislature or by a
298 local legislative body is submitted or referred to the voters for their approval or rejection.
299 (30) "Referendum application" means:
300 (a) for a statewide referendum, an application described in Subsection 20A-7-302(2)
301 that includes all the information, statements, documents, and notarized signatures required
302 under Subsection 20A-7-302(2); or
303 (b) for a local referendum, an application described in Subsection 20A-7-602(2) that
304 includes all the information, statements, documents, and notarized signatures required under
305 Subsection 20A-7-602(2).
306 (31) "Referendum packet" means a copy of the referendum petition, a copy of the law
307 being submitted or referred to the voters for their approval or rejection, and the signature
308 sheets, all of which have been bound together as a unit.
309 (32) "Referendum petition" means:
310 (a) as it relates to a statewide referendum, using the manual referendum process, the
311 form described in Subsection 20A-7-303(2)(a), petitioning for submission of a law passed by
312 the Legislature to legal voters for their approval or rejection;
313 (b) as it relates to a statewide referendum, using the electronic referendum process, the
314 form described in Subsection 20A-7-313(2), petitioning for submission of a law passed by the
315 Legislature to legal voters for their approval or rejection;
316 (c) as it relates to a local referendum, using the manual referendum process, the form
317 described in Subsection 20A-7-603(2)(a), petitioning for submission of a local law to legal
318 voters for their approval or rejection; or
319 (d) as it relates to a local referendum, using the electronic referendum process, the form
320 described in Subsection 20A-7-614(2), petitioning for submission of a local law to legal voters
321 for their approval or rejection.
322 (33) "Signature":
323 (a) for a statewide initiative:
324 (i) as it relates to the electronic initiative process, means an electronic signature
325 collected under Section 20A-7-215 and Subsection 20A-21-201(6)(c); or
326 (ii) as it relates to the manual initiative process:
327 (A) means a holographic signature collected physically on a signature sheet described
328 in Section 20A-7-203;
329 (B) as it relates to an individual who, due to a qualifying disability under the
330 Americans with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
331 name consistently, the initials "AV," indicating that the voter's identity will be verified by an
332 alternate verification process described in Section 20A-7-106; and
333 (C) does not include an electronic signature;
334 (b) for a statewide referendum:
335 (i) as it relates to the electronic referendum process, means an electronic signature
336 collected under Section 20A-7-313 and Subsection 20A-21-201(6)(c); or
337 (ii) as it relates to the manual referendum process:
338 (A) means a holographic signature collected physically on a signature sheet described
339 in Section 20A-7-303;
340 (B) as it relates to an individual who, due to a qualifying disability under the
341 Americans with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
342 name consistently, the initials "AV," indicating that the voter's identity will be verified by an
343 alternate verification process described in Section 20A-7-106; and
344 (C) does not include an electronic signature;
345 (c) for a local initiative:
346 (i) as it relates to the electronic initiative process, means an electronic signature
347 collected under Section 20A-7-514 and Subsection 20A-21-201(6)(c); or
348 (ii) as it relates to the manual initiative process:
349 (A) means a holographic signature collected physically on a signature sheet described
350 in Section 20A-7-503;
351 (B) as it relates to an individual who, due to a qualifying disability under the
352 Americans with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
353 name consistently, the initials "AV," indicating that the voter's identity will be verified by an
354 alternate verification process described in Section 20A-7-106; and
355 (C) does not include an electronic signature; or
356 (d) for a local referendum:
357 (i) as it relates to the electronic referendum process, means an electronic signature
358 collected under Section 20A-7-614 and Subsection 20A-21-201(6)(c); or
359 (ii) as it relates to the manual referendum process:
360 (A) means a holographic signature collected physically on a signature sheet described
361 in Section 20A-7-603;
362 (B) as it relates to an individual who, due to a qualifying disability under the
363 Americans with Disabilities Act, is unable to fill out the signature sheet or to sign the voter's
364 name consistently, the initials "AV," indicating that the voter's identity will be verified by an
365 alternate verification process described in Section 20A-7-106; and
366 (C) does not include an electronic signature.
367 (34) "Signature sheets" means sheets in the form required by this chapter that are used
368 under the manual initiative process or the manual referendum process to collect signatures in
369 support of an initiative or referendum.
370 (35) "Special local ballot proposition" means a local ballot proposition that is not a
371 standard local ballot proposition.
372 (36) "Sponsors" means the legal voters who support the initiative or referendum and
373 who sign the initiative application or referendum application.
374 (37) (a) "Standard local ballot proposition" means a local ballot proposition for an
375 initiative or a referendum.
376 (b) "Standard local ballot proposition" does not include a property tax referendum
377 described in Section 20A-7-613.
378 (38) "Tax percentage difference" means the difference between the tax rate proposed
379 by an initiative or an initiative petition and the current tax rate.
380 (39) "Tax percentage increase" means a number calculated by dividing the tax
381 percentage difference by the current tax rate and rounding the result to the nearest thousandth.
382 (40) "Verified" means acknowledged by the person circulating the petition as required
383 in Section 20A-7-105.
384 Section 6. Section 20A-7-402 is amended to read:
385 20A-7-402. Local voter information pamphlet -- Notice -- Contents -- Limitations
386 -- Preparation -- Statement on front cover.
387 (1) (a) The county or municipality that is subject to a ballot proposition shall prepare a
388 local voter information pamphlet that complies with the requirements of this part.
389 (b) Each county or municipality that contains all or part of a proposed new school
390 district or a reorganized new school district that will appear on a regular general election ballot
391 under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4 shall prepare a local voter
392 information pamphlet that complies with the requirements of this part.
393 (2) (a) Within the time requirements described in Subsection (2)(c)(i), a municipality
394 [
395 notice that complies with the requirements of Subsection (2)(c)(ii) to the municipality's
396 residents by publishing the notice for the municipality, as a class A notice under Section
397 63G-30-102, for the time period set under Subsection (2)(c)(i).
398 (b) A county [
399 Subsection (1) shall publish a notice that complies with the requirements of Subsection
400 (2)(c)(ii) for the county, as a class A notice under Section 63G-30-102.
401 (c) A municipality or county that publishes a notice under Subsection (2)(a) or (b)
402 shall:
403 (i) publish the notice:
404 (A) not less than 90 days before the date of the election at which a special local ballot
405 proposition will be voted upon; or
406 (B) if the requirements of Subsection (2)(c)(i)(A) cannot be met, as soon as practicable
407 after the special local ballot proposition is approved to be voted upon in an election; and
408 (ii) ensure that the notice contains:
409 (A) the ballot title for the special local ballot proposition;
410 (B) instructions on how to file a request under Subsection (2)(d); and
411 (C) the deadline described in Subsection (2)(d).
412 (d) [
413 against a special local ballot proposition, an eligible voter shall file a request with the election
414 officer before 5 p.m. no later than 64 days before the day of the election at which the special
415 local ballot proposition is to be voted on.
416 (e) If more than one eligible voter requests the opportunity to prepare a written
417 argument for or against a special local ballot proposition, the election officer shall make the
418 final designation in accordance with the following order of priority:
419 (i) sponsors have priority in preparing an argument regarding a special local ballot
420 proposition; and
421 (ii) members of the local legislative body have priority over others if a majority of the
422 local legislative body supports the written argument.
423 (f) [
424 request described in Subsection (2)(d) or (e) no later than 60 days before the day of the election
425 at which the ballot proposition is to be voted on.
426 (g) (i) A sponsor of a special local ballot proposition may prepare a written argument in
427 favor of the special local ballot proposition.
428 (ii) Subject to Subsection (2)(e), an eligible voter opposed to the special local ballot
429 proposition who submits a request under Subsection (2)(d) may prepare a written argument
430 against the special local ballot proposition.
431 (h) An eligible voter who submits a written argument under this section in relation to a
432 special local ballot proposition shall:
433 (i) ensure that the written argument does not exceed 500 words in length, not counting
434 the information described in Subsection (2)(h)(ii) or (iv);
435 (ii) list, at the end of the argument, at least one, but no more than five, names as
436 sponsors;
437 (iii) except as provided in Subsection (13), submit the written argument to the election
438 officer before 5 p.m. no later than 55 days before the election day on which the ballot
439 proposition will be submitted to the voters;
440 (iv) list in the argument, immediately after the eligible voter's name, the eligible voter's
441 residential address; and
442 (v) submit with the written argument the eligible voter's name, residential address,
443 postal address, email address if available, and phone number.
444 (i) An election officer shall refuse to accept and publish an argument submitted after
445 the deadline described in Subsection (2)(h)(iii).
446 (3) (a) An election officer who timely receives the written arguments in favor of and
447 against a special local ballot proposition shall, within one business day after the day on which
448 the election office receives both written arguments, send, via mail or email:
449 (i) a copy of the written argument in favor of the special local ballot proposition to the
450 eligible voter who submitted the written argument against the special local ballot proposition;
451 and
452 (ii) a copy of the written argument against the special local ballot proposition to the
453 eligible voter who submitted the written argument in favor of the special local ballot
454 proposition.
455 (b) The eligible voter who submitted a timely written argument in favor of the special
456 local ballot proposition:
457 (i) may submit to the election officer a written rebuttal argument of the written
458 argument against the special local ballot proposition;
459 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
460 not counting the information described in Subsection (2)(h)(ii) or (iv); and
461 (iii) except as provided in Subsection (13),shall submit the written rebuttal argument
462 before 5 p.m. no later than 45 days before the election day on which the special local ballot
463 proposition will be submitted to the voters.
464 (c) The eligible voter who submitted a timely written argument against the special local
465 ballot proposition:
466 (i) may submit to the election officer a written rebuttal argument of the written
467 argument in favor of the special local ballot proposition;
468 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length,
469 not counting the information described in Subsection (2)(h)(ii) or (iv); and
470 (iii) except as provided in Subsection (13), shall submit the written rebuttal argument
471 before 5 p.m. no later than 45 days before the election day on which the special local ballot
472 proposition will be submitted to the voters.
473 (d) An election officer shall refuse to accept and publish a written rebuttal argument in
474 relation to a special local ballot proposition that is submitted after the deadline described in
475 Subsection (3)(b)(iii) or (3)(c)(iii).
476 (4) (a) Except as provided in Subsection (4)(b), in relation to a special local ballot
477 proposition:
478 (i) an eligible voter may not modify a written argument or a written rebuttal argument
479 after the eligible voter submits the written argument or written rebuttal argument to the election
480 officer; and
481 (ii) a person other than the eligible voter described in Subsection (4)(a)(i) may not
482 modify a written argument or a written rebuttal argument.
483 (b) The election officer, and the eligible voter who submits a written argument or
484 written rebuttal argument in relation to a special local ballot proposition, may jointly agree to
485 modify a written argument or written rebuttal argument in order to:
486 (i) correct factual, grammatical, or spelling errors; and
487 (ii) reduce the number of words to come into compliance with the requirements of this
488 section.
489 (c) An election officer shall refuse to accept and publish a written argument or written
490 rebuttal argument in relation to a special local ballot proposition if the eligible voter who
491 submits the written argument or written rebuttal argument fails to negotiate, in good faith, to
492 modify the written argument or written rebuttal argument in accordance with Subsection (4)(b).
493 (5) In relation to a special local ballot proposition, an election officer may designate
494 another eligible voter to take the place of an eligible voter described in this section if the
495 original eligible voter is, due to injury, illness, death, or another circumstance, unable to
496 continue to fulfill the duties of an eligible voter described in this section.
497 (6) Sponsors whose written argument in favor of a standard local ballot proposition is
498 included in a proposition information pamphlet under Section 20A-7-401.5:
499 (a) may, if a written argument against the standard local ballot proposition is included
500 in the proposition information pamphlet, submit a written rebuttal argument to the election
501 officer;
502 (b) shall ensure that the written rebuttal argument does not exceed 250 words in length;
503 and
504 (c) shall submit the written rebuttal argument no later than 45 days before the election
505 day on which the standard local ballot proposition will be submitted to the voters.
506 (7) (a) A county or municipality that submitted a written argument against a standard
507 local ballot proposition that is included in a proposition information pamphlet under Section
508 20A-7-401.5:
509 (i) may, if a written argument in favor of the standard local ballot proposition is
510 included in the proposition information pamphlet, submit a written rebuttal argument to the
511 election officer;
512 (ii) shall ensure that the written rebuttal argument does not exceed 250 words in length;
513 and
514 (iii) shall submit the written rebuttal argument no later than 45 days before the election
515 day on which the ballot proposition will be submitted to the voters.
516 (b) If a county or municipality submits more than one written rebuttal argument under
517 Subsection (7)(a)(i), the election officer shall select one of the written rebuttal arguments,
518 giving preference to a written rebuttal argument submitted by a member of a local legislative
519 body.
520 (8) (a) An election officer shall refuse to accept and publish a written rebuttal argument
521 that is submitted after the deadline described in Subsection (6)(c) or (7)(a)(iii).
522 (b) Before an election officer publishes a local voter information pamphlet under this
523 section, a written rebuttal argument is a draft for purposes of Title 63G, Chapter 2, Government
524 Records Access and Management Act.
525 (c) An election officer who receives a written rebuttal argument described in this
526 section may not, before publishing the local voter information pamphlet described in this
527 section, disclose the written rebuttal argument, or any information contained in the written
528 rebuttal argument, to any person who may in any way be involved in preparing an opposing
529 rebuttal argument.
530 (9) (a) Except as provided in Subsection (9)(b), a person may not modify a written
531 rebuttal argument after the written rebuttal argument is submitted to the election officer.
532 (b) The election officer, and the person who submits a written rebuttal argument, may
533 jointly agree to modify a written rebuttal argument in order to:
534 (i) correct factual, grammatical, or spelling errors; or
535 (ii) reduce the number of words to come into compliance with the requirements of this
536 section.
537 (c) An election officer shall refuse to accept and publish a written rebuttal argument if
538 the person who submits the written rebuttal argument:
539 (i) fails to negotiate, in good faith, to modify the written rebuttal argument in
540 accordance with Subsection (9)(b); or
541 (ii) does not timely submit the written rebuttal argument to the election officer.
542 (d) An election officer shall make a good faith effort to negotiate a modification
543 described in Subsection (9)(b) in an expedited manner.
544 (10) An election officer may designate another person to take the place of a person who
545 submits a written rebuttal argument in relation to a standard local ballot proposition if the
546 person is, due to injury, illness, death, or another circumstance, unable to continue to fulfill the
547 person's duties.
548 (11) (a) The local voter information pamphlet shall include a copy of the initial fiscal
549 impact estimate and the legal impact statement prepared for each initiative under Section
550 20A-7-502.5.
551 (b) If the initiative proposes a tax increase, the local voter information pamphlet shall
552 include the following statement in bold type:
553 "This initiative seeks to increase the current (insert name of tax) rate by (insert the tax
554 percentage difference) percent, resulting in a(n) (insert the tax percentage increase) percent
555 increase in the current tax rate."
556 (12) (a) In preparing the local voter information pamphlet, the election officer shall:
557 (i) ensure that the written arguments are printed on the same sheet of paper upon which
558 the ballot proposition is also printed;
559 (ii) ensure that the following statement is printed on the front cover or the heading of
560 the first page of the printed written arguments:
561 "The arguments for or against a ballot proposition are the opinions of the authors.";
562 (iii) pay for the printing and binding of the local voter information pamphlet; and
563 (iv) not less than 15 days before, but not more than 45 days before, the election at
564 which the ballot proposition will be voted on, distribute, by mail or carrier, to each registered
565 voter entitled to vote on the ballot proposition:
566 (A) a voter information pamphlet; or
567 (B) the notice described in Subsection (12)(c).
568 (b) (i) If the language of the ballot proposition exceeds 500 words in length, the
569 election officer may summarize the ballot proposition in 500 words or less.
570 (ii) The summary shall state where a complete copy of the ballot proposition is
571 available for public review.
572 (c) (i) The election officer may distribute a notice printed on a postage prepaid,
573 preaddressed return form that a person may use to request delivery of a voter information
574 pamphlet by mail.
575 (ii) The notice described in Subsection (12)(c)(i) shall include:
576 (A) the address of the Statewide Electronic Voter Information Website authorized by
577 Section 20A-7-801; and
578 (B) the phone number a voter may call to request delivery of a voter information
579 pamphlet by mail or carrier.
580 (13) For 2024 only, in relation to an election that will appear on the regular general
581 election ballot to create a new school district under Section 53G-3-301.1, 53G-3-301.3, or
582 53G-3-301.4, if the notice described in Subsection (2)(b) is published less than 72 days before
583 the day of the election:
584 (a) the deadline to file a request described in Subsection (2)(d) is before 5 p.m. no later
585 than five business days after the notice is published;
586 (b) the deadline to grant a request under Subsection (2)(f) is no later than seven
587 business days after the notice is published;
588 (c) the deadline to submit the written argument to the election officer under Subsection
589 (2)(h)(iii) is before 5 p.m. no later than 12 business days after the notice is published; and
590 (d) the deadline to submit the written rebuttal argument under Subsection (3)(b)(iii) or
591 (c)(iii) is no later than 17 business days after the notice is published.
592 Section 7. Section 20A-9-404 is amended to read:
593 20A-9-404. Municipal primary elections.
594 (1) (a) Except as otherwise provided in this section or Chapter 4, Part 6, Municipal
595 Alternate Voting Methods Pilot Project, candidates for municipal office in all municipalities
596 shall be nominated at a municipal primary election.
597 (b) Municipal primary elections shall be held:
598 (i) consistent with Section 20A-1-201.5, on the second Tuesday following the first
599 Monday in the August before the regular municipal election; and
600 (ii) whenever possible, at the same polling places as the regular municipal election.
601 (c) Subsections (3) through (5) do not apply to an election to elect local school board
602 members under Section 53G-3-302.
603 (d) Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, does not
604 apply to an election to elect local school board members under Section 53G-3-302.
605 (2) Except as otherwise provided in Chapter 4, Part 6, Municipal Alternate Voting
606 Methods Pilot Project, if the number of candidates for a particular municipal office does not
607 exceed twice the number of individuals needed to fill that office, a primary election for that
608 office may not be held and the candidates are considered nominated.
609 (3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
610 of voters or delegates.
611 (b) (i) By ordinance adopted before the May 1 that falls before a regular municipal
612 election, any third, fourth, or fifth class city or town may exempt itself from a primary election
613 by providing that the nomination of candidates for municipal office to be voted upon at a
614 municipal election be nominated by a municipal party convention or committee.
615 (ii) The municipal party convention or committee described in Subsection (3)(b)(i)
616 shall be held on or before May 30 of an odd-numbered year.
617 (iii) Any primary election exemption ordinance adopted under this Subsection (3)
618 remains in effect until repealed by ordinance.
619 (c) (i) A convention or committee may not nominate more than one candidate for each
620 of the municipal offices to be voted upon at the municipal election.
621 (ii) A convention or committee may not nominate an individual who has accepted the
622 nomination of a different convention or committee.
623 (iii) A municipal party may not have more than one group of candidates placed upon
624 the ballot and may not group the same candidates on different tickets by the same party under a
625 different name or emblem.
626 (d) (i) On or before May 31 of an odd-numbered year, a convention or committee shall
627 prepare and submit to the filing officer a certificate of nomination for each individual
628 nominated.
629 (ii) The certificate of nomination shall:
630 (A) contain the name of the office for which each individual is nominated, the name,
631 post office address, and, if in a city, the street number of residence and place of business, if
632 any, of each individual nominated;
633 (B) designate in not more than five words the party that the convention or committee
634 represents;
635 (C) contain a copy of the resolution passed at the convention that authorized the
636 committee to make the nomination;
637 (D) contain a statement certifying that the name of the candidate nominated by the
638 political party will not appear on the ballot as a candidate for any other political party;
639 (E) be signed by the presiding officer and secretary of the convention or committee;
640 and
641 (F) contain a statement identifying the residence and post office address of the
642 presiding officer and secretary and certifying that the presiding officer and secretary were
643 officers of the convention or committee and that the certificates are true to the best of their
644 knowledge and belief.
645 (iii) A candidate nominated by a municipal party convention or committee shall file a
646 declaration with the filing officer in accordance with Subsection 20A-9-203(3) that includes:
647 (A) the name of the municipal party or convention that nominated the candidate; and
648 (B) the office for which the convention or committee nominated the candidate.
649 (e) A committee appointed at a convention, if authorized by an enabling resolution,
650 may also make nominations or fill vacancies in nominations made at a convention if the
651 committee makes the nomination before the deadline for a write-in candidate to file a
652 declaration of candidacy under Section 20A-9-601.
653 (f) The election ballot shall substantially comply with the form prescribed in Chapter 6,
654 Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall be included
655 with the candidate's name.
656 (4) (a) Any third, fourth, or fifth class city or a town may adopt an ordinance before the
657 May 1 that falls before the regular municipal election that:
658 (i) exempts the city or town from the other methods of nominating candidates to
659 municipal office provided in this section; and
660 (ii) provides for a municipal partisan convention method of nominating candidates as
661 provided in this Subsection (4).
662 (b) (i) Any party that was a registered political party at the last regular general election
663 or regular municipal election is a municipal political party under this section.
664 (ii) Any political party may qualify as a municipal political party by presenting a
665 petition to the city recorder that:
666 (A) is signed, with a holographic signature, by registered voters within the municipality
667 equal to at least 20% of the number of votes cast for all candidates for mayor in the last
668 municipal election at which a mayor was elected;
669 (B) is filed with the city recorder or town clerk before 5 p.m. no later than the day
670 before the day on which the municipal party holds a convention to nominate a candidate under
671 this Subsection (4);
672 (C) is substantially similar to the form of the signature sheets described in Section
673 20A-7-303; and
674 (D) contains the name of the municipal political party using not more than five words.
675 (iii) With the assistance of the county clerk, the city recorder or town clerk shall use the
676 procedures described in Section 20A-1-1002 to determine whether each signer is a registered
677 voter who is qualified to sign the petition.
678 (c) (i) If the number of candidates for a particular office does not exceed twice the
679 number of offices to be filled at the regular municipal election, no primary election for that
680 office shall be held and the candidates are considered to be nominated.
681 (ii) If the number of candidates for a particular office exceeds twice the number of
682 offices to be filled at the regular municipal election, those candidates for municipal office shall
683 be nominated at a municipal primary election.
684 (d) The clerk shall ensure that the partisan municipal primary ballot is similar to the
685 ballot forms required by Section 20A-6-401 and, as applicable, Section 20A-6-401.1.
686 (e) After marking a municipal primary ballot, the voter shall deposit the ballot in the
687 blank ballot box.
688 (f) Immediately after the canvass, the election judges shall, without examination,
689 destroy the tickets deposited in the blank ballot box.
690 (5) (a) A voter who signs a petition under Subsection (4)(b)(ii) may have the voter's
691 signature removed from the petition by, no later than three business days after the day on which
692 the petition is filed with the city recorder or town clerk, submitting to the city recorder or town
693 clerk a statement requesting that the voter's signature be removed.
694 (b) A statement described in Subsection (5)(a) shall comply with the requirements
695 described in Subsection 20A-1-1003(2).
696 (c) With the assistance of the county clerk and using the procedures described in
697 Subsection 20A-1-1003(3), the city recorder or town clerk shall determine whether to remove
698 an individual's signature from a petition after receiving a timely, valid statement requesting
699 removal of the signature.
700 Section 8. Section 20A-11-1203 is amended to read:
701 20A-11-1203. Public entity prohibited from expending public funds on certain
702 electoral matters.
703 (1) Unless specifically required by law, and except as provided in Subsection (5) or
704 Section 20A-11-1206, a public entity may not:
705 (a) make an expenditure from public funds for political purposes, to influence a ballot
706 proposition, or to influence a proposed initiative or proposed referendum; or
707 (b) publish on the public entity's website an argument for or against a ballot
708 proposition, a proposed initiative, or a proposed referendum.
709 (2) A violation of this section does not invalidate an otherwise valid election.
710 (3) This section does not prohibit the reasonable expenditure of public funds to gather
711 information for, and respond directly to, an individual who makes an inquiry regarding a ballot
712 proposition, a proposed initiative, or a proposed referendum.
713 (4) This section does not prohibit:
714 (a) a public entity from conducting research, or collecting and compiling information
715 or arguments in relation to, a ballot proposition, a proposed initiative, or a proposed
716 referendum;
717 (b) an elected or appointed official of the public entity described in Subsection (4)(a)
718 from using the research, information, or arguments described in Subsection (4)(a) for the
719 purpose of advocating for or against a ballot proposition, proposed initiative, or proposed
720 referendum via a website, or another medium, not owned or controlled by the public entity;
721 (c) a public entity from posting on the public entity's website a link to another website,
722 with a brief description, that is not owned or controlled by a public entity, or from publishing in
723 any medium owned, controlled, or paid for by a public entity a website address, with a brief
724 description, where an individual may view research, information, and arguments for or against
725 a ballot proposition, proposed initiative, or proposed referendum if the public entity:
726 (i) before posting the link or publishing the address, provides at least seven days
727 written notice to the sponsors of the ballot proposition, proposed initiative, or proposed
728 referendum:
729 (A) of the public entity's intent to post the link or publish the address;
730 (B) a description of each medium in which the public entity intends to post the link or
731 publish the address; and
732 (C) the dates of the publication or posting; and
733 (ii) posts, immediately adjacent to the link or address, and brief description described
734 in Subsection (4)(c)(i), a link to, or an address for, a website, with a brief description,
735 containing the sponsors' research, information, and arguments for or against the ballot
736 proposition, proposed initiative, or proposed referendum, if the sponsors provide a link or
737 address within seven days after the day on which the sponsors receive the notice described in
738 Subsection (4)(c)(i); or
739 (d) a public entity from posting on the public entity's website, or any medium, a
740 complete copy of a proposition information pamphlet described in Section 20A-7-401.5 or a
741 voter information pamphlet.
742 Ĥ→ [
743 submitting a proposal for a new school district or a reorganized new school district under
744 Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4.
744a (5) Subsection (1) does not prohibit a public entity from taking an action under Title 53G,
744b Chapter 3, Part 3, Creating a New School District, that is necessary for the public entity to
744c seek the creation of a new school district. ←Ĥ
745 Section 9. Section 20A-14-201 is amended to read:
746 20A-14-201. Boards of education -- School board districts -- Creation --
747 Redistricting.
748 (1) The county legislative body, for local school districts whose boundaries encompass
749 more than a single municipality, and the municipal legislative body, for local school districts
750 contained completely within a municipality, shall divide the local school district into local
751 school board districts as required under Subsection 20A-14-202(1).
752 (2) The county and municipal legislative bodies shall divide the school district so that
753 the local school board districts are substantially equal in population and are as contiguous and
754 compact as practicable.
755 (3) County and municipal legislative bodies shall redistrict local school board districts
756 to meet the population, compactness, and contiguity requirements of this section:
757 (a) at least once every 10 years;
758 [
759 [
760
761 [
762 (b) for a new school district or a reorganized new school district that is approved by the
763 voters at a regular general election under Section 53G-3-301.1, 53G-3-301.3, or 53G-3-301.4,
764 before April 1 of the following year;
765 (c) whenever school districts are consolidated;
766 (d) whenever a school district loses more than 20% of the population of the entire
767 school district to another school district;
768 (e) whenever a school district loses more than 50% of the population of a local school
769 board district to another school district;
770 (f) whenever a school district receives new residents equal to at least 20% of the
771 population of the school district at the time of the last redistricting because of a transfer of
772 territory from another school district; and
773 (g) whenever it is necessary to increase the membership of a board as a result of
774 changes in student membership under Section 20A-14-202.
775 (4) If a school district receives territory containing less than 20% of the population of
776 the transferee district at the time of the last redistricting, the local school board may assign the
777 new territory to one or more existing school board districts.
778 (5) [
779 does not affect the right of any school board member to complete the term for which the
780 member was elected.
781 (6) (a) After redistricting, representation in a local school board district shall be
782 determined as provided in this Subsection (6).
783 (b) If, after redistricting, only one board member whose term extends beyond
784 redistricting lives within a local school board district, that board member shall represent that
785 local school board district.
786 (c) If, after redistricting, two or more members whose terms extend beyond
787 redistricting live within a local school board district, the members involved shall select one
788 member by lot to represent the local school board district.
789 (d) The other members shall serve at-large for the remainder of their terms.
790 (e) The at-large board members shall serve in addition to the designated number of
791 board members for the board in question for the remainder of their terms.
792 (f) If there is no board member living within a local school board district whose term
793 extends beyond redistricting, the seat shall be treated as vacant and filled as provided in this
794 part.
795 (7) (a) If, before an election affected by redistricting, the county or municipal
796 legislative body that conducted the redistricting determines that one or more members shall be
797 elected to terms of two years to meet this part's requirements for staggered terms, the legislative
798 body shall determine by lot which of the redistricted local school board districts will elect
799 members to two-year terms and which will elect members to four-year terms.
800 (b) All subsequent elections are for four-year terms.
801 (8) Within 10 days after any local school board district boundary change, the county or
802 municipal legislative body making the change shall send an accurate map or plat of the
803 boundary change to the Utah Geospatial Resource Center created under Section 63A-16-505.
804 (9) Subsections (4) through (7) do not apply to a redistricting that occurs under
805 Subsection (3)(b).
806 Section 10. Section 36-12-15 is amended to read:
807 36-12-15. Office of the Legislative Auditor General established -- Qualifications --
808 Powers, functions, and duties -- Reporting -- Criminal penalty -- Employment.
809 (1) As used in this section:
810 (a) "Audit action" means an audit, examination, investigation, or review of an entity
811 conducted by the office.
812 (b) "Entity" means:
813 (i) a government organization; or
814 (ii) a receiving organization.
815 (c) "Government organization" means:
816 (i) a state branch, department, or agency; or
817 (ii) a political subdivision, including a county, municipality, special district, special
818 service district, school district, interlocal entity as defined in Section 11-13-103, or any other
819 local government unit.
820 (d) "Office" means the Office of the Legislative Auditor General.
821 (e) "Receiving organization" means an organization that receives public funds that is
822 not a government organization.
823 (2) There is created the Office of the Legislative Auditor General as a permanent staff
824 office for the Legislature.
825 (3) The legislative auditor general shall be a licensed certified public accountant or
826 certified internal auditor with at least seven years of experience in the auditing or public
827 accounting profession, or the equivalent, prior to appointment.
828 (4) The legislative auditor general shall appoint and develop a professional staff within
829 budget limitations.
830 (5) The office shall exercise the constitutional authority provided in Utah Constitution,
831 Article VI, Section 33.
832 (6) Under the direction of the legislative auditor general, the office shall:
833 (a) conduct comprehensive and special purpose audits, examinations, investigations, or
834 reviews of entity funds, functions, and accounts;
835 (b) prepare and submit a written report on each audit action to the Audit Subcommittee
836 created in Section 36-12-8 and make the report available to all members of the Legislature
837 within 75 days after the audit action is completed;
838 (c) monitor, conduct a risk assessment of, or audit any efficiency evaluations that the
839 legislative auditor general determines necessary, in accordance with Title 63J, Chapter 1, Part
840 9, Government Performance Reporting and Efficiency Process, and legislative rule;
841 (d) create, manage, and report to the Audit Subcommittee a list of high risk programs
842 and operations that:
843 (i) threaten public funds or programs;
844 (ii) are vulnerable to inefficiency, waste, fraud, abuse, or mismanagement; or
845 (iii) require transformation;
846 (e) monitor and report to the Audit Subcommittee the health of a government
847 organization's internal audit functions;
848 (f) make recommendations to increase the independence and value added of internal
849 audit functions throughout the state;
850 (g) implement a process to track, monitor, and report whether the subject of an audit
851 has implemented recommendations made in the audit report;
852 (h) establish, train, and maintain individuals within the office to conduct investigations
853 and represent themselves as lawful investigators on behalf of the office;
854 (i) establish policies, procedures, methods, and standards of audit work and
855 investigations for the office and staff;
856 (j) prepare and submit each audit and investigative report independent of any influence
857 external of the office, including the content of the report, the conclusions reached in the report,
858 and the manner of disclosing the legislative auditor general's findings;
859 (k) prepare and submit the annual budget request for the office; and
860 (l) perform other duties as prescribed by the Legislature.
861 (7) In conducting an audit action of an entity, the office may include a determination of
862 any or all of the following:
863 (a) the honesty and integrity of any of the entity's fiscal affairs;
864 (b) the accuracy and reliability of the entity's internal control systems and specific
865 financial statements and reports;
866 (c) whether or not the entity's financial controls are adequate and effective to properly
867 record and safeguard the entity's acquisition, custody, use, and accounting of public funds;
868 (d) whether the entity's administrators have complied with legislative intent;
869 (e) whether the entity's operations have been conducted in an efficient, effective, and
870 cost efficient manner;
871 (f) whether the entity's programs have been effective in accomplishing intended
872 objectives; and
873 (g) whether the entity's management control and information systems are adequate and
874 effective.
875 (8) (a) If requested by the office, each entity that the legislative auditor general is
876 authorized to audit under Utah Constitution,
877 Article VI, Section 33, or this section shall, notwithstanding any other provision of law
878 except as provided in Subsection (8)(b), provide the office with access to information,
879 materials, or resources the office determines are necessary to conduct an audit, examination,
880 investigation, or review, including:
881 (i) the following in the possession or custody of the entity in the format identified by
882 the office:
883 (A) a record, document, and report; and
884 (B) films, tapes, recordings, and electronically stored information;
885 (ii) entity personnel; and
886 (iii) each official or unofficial recording of formal or informal meetings or
887 conversations to which the entity has access.
888 (b) To the extent compliance would violate federal law, the requirements of Subsection
889 (8)(a) do not apply.
890 (9) (a) In carrying out the duties provided for in this section and under Utah
891 Constitution, Article VI, Section 33, the legislative auditor general may issue a
892 subpoena to access information, materials, or resources in accordance with Chapter 14,
893 Legislative Subpoena Powers.
894 (b) The legislative auditor general may issue a subpoena, as described in Subsection
895 (9)(a), to a financial institution or any other entity to obtain information as part of an
896 investigation of fraud, waste, or abuse, including any suspected malfeasance, misfeasance, or
897 nonfeasance involving public funds.
898 (10) To preserve the professional integrity and independence of the office:
899 (a) no legislator or public official may urge the appointment of any person to the office;
900 and
901 (b) the legislative auditor general may not be appointed to serve on any board,
902 authority, commission, or other agency of the state during the legislative auditor general's term
903 as legislative auditor general.
904 (11) (a) The following records in the custody or control of the legislative auditor
905 general are protected records under Title 63G, Chapter 2, Government Records Access and
906 Management Act:
907 (i) records and audit work papers that would disclose information relating to
908 allegations of personal misconduct, gross mismanagement, or illegal activity of a past or
909 present governmental employee if the information or allegation cannot be corroborated by the
910 legislative auditor general through other documents or evidence, and the records relating to the
911 allegation are not relied upon by the legislative auditor general in preparing a final audit report;
912 (ii) records and audit workpapers that would disclose the identity of a person who,
913 during the course of a legislative audit, communicated the existence of:
914 (A) unethical behavior;
915 (B) waste of public funds, property, or personnel; or
916 (C) a violation or suspected violation of a United States, Utah state, or political
917 subdivision law, rule, ordinance, or regulation, if the person disclosed on the condition that the
918 identity of the person be protected;
919 (iii) before an audit is completed and the final audit report is released, records or drafts
920 circulated to a person who is not an employee or head of an entity for review, response, or
921 information;
922 (iv) records that would disclose:
923 (A) an outline;
924 (B) all or part of an audit survey, audit risk assessment plan, or audit program; or
925 (C) other procedural documents necessary to fulfill the duties of the office; and
926 (v) requests for audits, if disclosure would risk circumvention of an audit.
927 (b) The provisions of Subsection (11)(a) do not prohibit the disclosure of records or
928 information to a government prosecutor or peace officer if those records or information relate
929 to a violation of the law by an entity or entity employee.
930 (c) A record, as defined in Section 63G-2-103, created by the office in a closed meeting
931 held in accordance with Section 52-4-205:
932 (i) is a protected record, as defined in Section 63G-2-103;
933 (ii) to the extent the record contains information:
934 (A) described in Section 63G-2-302, is a private record; or
935 (B) described in Section 63G-2-304, is a controlled record; and
936 (iii) may not be reclassified by the office.
937 (d) The provisions of this section do not limit the authority otherwise given to the
938 legislative auditor general to maintain the private, controlled, or protected record status of a
939 shared record in the legislative auditor general's possession or classify a document as public,
940 private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
941 Management Act.
942 (12) The legislative auditor general shall:
943 (a) be available to the Legislature and to the Legislature's committees for consultation
944 on matters relevant to areas of the legislative auditor general's professional competence;
945 (b) conduct special audits as requested by the Audit Subcommittee;
946 (c) report immediately to the Audit Subcommittee any apparent violation of penal
947 statutes disclosed by the audit of an entity and furnish to the Audit Subcommittee all
948 information relative to the apparent violation;
949 (d) report immediately to the Audit Subcommittee any apparent instances of
950 malfeasance or nonfeasance by an entity officer or employee disclosed by the audit of an entity;
951 and
952 (e) make any recommendations to the Audit Subcommittee with respect to the
953 alteration or improvement of the accounting system used by an entity.
954 (13) If the legislative auditor general conducts an audit of an entity that has previously
955 been audited and finds that the entity has not implemented a recommendation made by the
956 legislative auditor general in a previous audit report, the legislative auditor general shall report
957 to the Audit Subcommittee that the entity has not implemented the recommendation.
958 (14) Before each annual general session, the legislative auditor general shall:
959 (a) prepare an annual report that:
960 (i) summarizes the audits, examinations, investigations, and reviews conducted by the
961 office since the last annual report; and
962 (ii) evaluate and report the degree to which an entity that has been the subject of an
963 audit has implemented the audit recommendations;
964 (b) include in the report any items and recommendations that the legislative auditor
965 general believes the Legislature should consider in the annual general session; and
966 (c) deliver the report to the Legislature and to the appropriate committees of the
967 Legislature.
968 (15) (a) If the chief officer of an entity has actual knowledge or reasonable cause to
969 believe that there is misappropriation of the entity's public funds or assets, or another entity
970 officer has actual knowledge or reasonable cause to believe that the chief officer is
971 misappropriating the entity's public funds or assets, the chief officer or, alternatively, the other
972 entity officer, shall immediately notify, in writing:
973 (i) the office;
974 (ii) the attorney general, county attorney, or district attorney; and
975 (iii) (A) for a state government organization, the chief executive officer;
976 (B) for a political subdivision government organization, the legislative body or
977 governing board; or
978 (C) for a receiving organization, the governing board or chief executive officer unless
979 the chief executive officer is believed to be misappropriating the funds or assets, in which case
980 the next highest officer of the receiving organization.
981 (b) As described in Subsection (15)(a), the entity chief officer or, if applicable, another
982 entity officer, is subject to the protections of Title 67, Chapter 21, Utah Protection of Public
983 Employees Act.
984 (c) If the Office of the Legislative Auditor General receives a notification under
985 Subsection (15)(a) or other information of misappropriation of public funds or assets of an
986 entity, the office shall inform the Audit Subcommittee.
987 (d) The attorney general, county attorney, or district attorney shall notify, in writing,
988 the Office of the Legislative Auditor General whether the attorney general, county attorney, or
989 district attorney pursued criminal or civil sanctions in the matter.
990 (16) (a) An actor commits interference with a legislative audit if the actor uses force,
991 violence, intimidation, or engages in any other unlawful act with a purpose to interfere with:
992 (i) a legislative audit action; or
993 (ii) the office's decisions relating to:
994 (A) the content of the office's report;
995 (B) the conclusions reached in the office's report; or
996 (C) the manner of disclosing the results and findings of the office.
997 (b) A violation of Subsection (16)(a) is a class B misdemeanor.
998 (17) (a) The office may require any current employee, or any applicant for
999 employment, to submit to a fingerprint-based local, regional, and criminal history background
1000 check as an ongoing condition of employment.
1001 (b) An employee or applicant for employment shall provide a completed fingerprint
1002 card to the office upon request.
1003 (c) The office shall require that an individual required to submit to a background check
1004 under this Subsection (17) also provide a signed waiver on a form provided by the office that
1005 meets the requirements of Subsection 53-10-108(4).
1006 (d) For a noncriminal justice background search and registration in accordance with
1007 Subsection 53-10-108(13), the office shall submit to the Bureau of Criminal Identification:
1008 (i) the employee's or applicant's personal identifying information and fingerprints for a
1009 criminal history search of applicable local, regional, and national databases; and
1010 (ii) a request for all information received as a result of the local, regional, and
1011 nationwide background check.
1012 (18) Subject to prioritization of the Legislative Audit Subcommittee, the Office of the
1013 Legislative Auditor General shall conduct a feasibility study under Section 53G-3-301.1,
1014 [
1015 Section 11. Section 53G-3-102 is amended to read:
1016 53G-3-102. Definitions.
1017 As used in this chapter:
1018 (1) "Allocation date" means:
1019 (a) July 1 of the second calendar year following the local school board [
1020
1021 (b) another date to which the new local school board and reorganized school board
1022 agree.
1023 (2) "Creation date" means the date on which voters approve the creation of a new
1024 school district under Section 53G-3-301.1, [
1025 (3) "Divided school district" means:
1026 (a) an existing school district from which a new school district is created under Section
1027 53G-3-301.1, [
1028 (b) an existing school district from which a reorganized new school district is created.
1029 (4) (a) "Feasibility study" means a study:
1030 (i) conducted by:
1031 (A) a school district, municipal legislative body, or interlocal agreement participants
1032 before [
1033 (B) the Office of the Legislative Auditor General, subject to prioritization by the
1034 Legislative Audit Subcommittee; and
1035 (ii) to determine:
1036 (A) the financial viability for a new school district and reorganized new school district
1037 that is contained within the boundaries of a divided school district;
1038 (B) the financial impact on a new school district and reorganized new school district
1039 that is contained within the boundaries of a divided school district; and
1040 (C) the impact of the tax burden on taxpayers within the boundaries of the proposed
1041 new school district.
1042 (5) "Interlocal agreement participant" means a public agency, as that term is defined in
1043 Section 11-13-103, that enters into an agreement with one or more other public agencies for the
1044 purpose described in and in accordance with Title 11, Chapter 13, Interlocal Cooperation Act.
1045 (6) "Isolated area" means an area that:
1046 (a) is entirely within the boundaries of an existing school district;
1047 (b) is contiguous to the proposed new school district;
1048 (c) has a combined student population of fewer than 5,000 students; and
1049 (d) because of the creation of a new school district from the existing district in which
1050 the area is located, would become completely geographically isolated.
1051 (7) "Municipality" means the same as that term is defined in Section 10-1-104.
1052 (8) "New school district" means a school district created under Section 53G-3-301.1,
1053 [
1054 (9) "Reorganized new school district" means the remaining portion of the divided
1055 school district after the creation of a new school district under Subsection 53G-3-301.1,
1056 [
1057 Section 12. Section 53G-3-202 is amended to read:
1058 53G-3-202. School districts independent of municipal and county governments --
1059 School district name -- Control of property.
1060 (1) (a) Each school district shall be controlled by its local school board and shall be
1061 independent of municipal and county governments.
1062 (b) The name of each school district created after May 1, 2000, including a reorganized
1063 new school district, shall comply with Section 17-50-103.
1064 (2) The local school board shall have direction and control of all school property in the
1065 district and may enter into cooperative agreements with other local school boards to provide
1066 educational services that best utilize resources for overall operation of the public school
1067 system.
1068 (3) (a) On or before 30 days following the day on which the creation of a new school
1069 district occurs under Section 53G-3-301.1, [
1070 in accordance with Section 67-1a-15, a new school district shall be registered as a limited
1071 purpose entity by:
1072 (i) the municipal legislative body in which the boundaries for the new school district is
1073 entirely located; or
1074 (ii) the legislative body of interlocal agreement participants in which the new school
1075 district is located.
1076 (b) Each school district shall register and maintain the school district's registration as a
1077 limited purpose entity in accordance with Section 67-1a-15.
1078 (c) A school district that fails to comply with Subsections (3)(a) and (b) or Section
1079 67-1a-15 is subject to enforcement by the state auditor in accordance with Section 67-3-1.
1080 Section 13. Section 53G-3-301 is amended to read:
1081 53G-3-301. Creation of new school district -- Initiation of process -- Procedures to
1082 be followed.
1083 (1) A new school district may be created from one or more existing school districts, as
1084 provided in this chapter.
1085 (2) The process to create a new school district may be initiated:
1086 (a) through a citizens' [
1087 [
1088
1089 [
1090 accordance with Section 53G-3-301.3; or
1091 [
1092 53G-3-301.4.
1093 (3) Except as provided in Sections 53G-3-301.3 and 53G-3-301.4, a request or petition
1094 under Subsection (2) may not form a new school district unless the new school district
1095 boundaries:
1096 (a) are contiguous;
1097 (b) [
1098
1099
1100 in Section 53G-3-102; and
1101 (c) include the entire boundaries of each participant municipality or town.
1102 (4) For each new school district, each county legislative body shall comply with the
1103 notice and plat filing requirements of Section 53G-3-203.
1104 (5) If a new school district is created, the new district shall reimburse the reorganized
1105 new district's documented costs to study and implement the proposal in proportion to the
1106 student population of each school district.
1107 (6) An inadequacy of a feasibility study, as defined in Section 53G-3-102, may not be
1108 the basis of a legal action or other challenge to:
1109 (a) an election for voter approval of the creation of a new school district; or
1110 (b) the creation of the new school district.
1111 (7) Notwithstanding the creation of a new district as provided in this part:
1112 (a) a new school district and a reorganized new school district may not begin to
1113 provide educational services to the area within the new school district and reorganized new
1114 school district until July 1 of the second calendar year following the local school board election
1115 date as described in Section 53G-3-301.1, [
1116 (b) the divided school district shall continue, until the time specified in Subsection
1117 (7)(a), to provide educational services within the entire area covered by the divided school
1118 district.
1119 (8) A new school district and a reorganized new school district shall enter into a shared
1120 services agreement that permits students residing in each new school district access to attend a
1121 school that serves students with disabilities within or outside of each school district boundary:
1122 (a) for up to five years;
1123 (b) for actual costs of services provided to students; and
1124 (c) without affecting services provided to other students.
1125 (9) The process described in Subsection (2) may not be initiated more than once during
1126 any two-year period.
1127 Section 14. Section 53G-3-301.1 is amended to read:
1128 53G-3-301.1. Creation of a new school district -- Citizens' petition -- Procedures
1129 to be followed.
1130 [
1131
1132 (1) Citizens may file a petition to create a new school district in accordance with this
1133 section and Section 53G-3-301.
1134 (2) (a) The county clerk shall ensure that [
1135
1136 geographical boundaries of the proposed new school district in an amount equal to at least 10%
1137 of all votes cast within the geographic boundaries of the proposed new school district for all
1138 candidates for president of the United States at the last regular general election at which a
1139 president of the United States was elected.
1140 (b) The sponsors of a petition [
1141 in Subsection (1) shall file the petition with the clerk of each county in which any part of the
1142 proposed new school district is located.
1143 (c) The petition sponsors shall ensure that the petition described in Subsection [
1144 (1):
1145 (i) indicates the typed or printed name and current residence address of each
1146 [
1147
1148 (ii) describes the proposed new school district boundaries; and
1149 (iii) designates up to five signers of the petition [
1150 one as the contact sponsor, with the mailing address and telephone number of each.
1151 (3) (a) (i) A signer of a petition described in Subsection (1) may withdraw or, once
1152 withdrawn, reinstate the signer's signature by filing a written statement requesting for
1153 withdrawal or reinstatement with the county clerk no later than three business days after the
1154 day on which the petition is filed with the county clerk.
1155 (ii) A statement described in Subsection (3)(a)(i) shall comply with the requirements
1156 described in Subsection 20A-1-1003(2).
1157 (iii) The county clerk shall use the procedures described in Subsection 20A-1-1003(3)
1158 to determine whether to remove or reinstate an individual's signature from a petition after
1159 receiving a timely, valid statement.
1160 (b) The county clerk shall use the procedures described in Section 20A-1-1002 to
1161 determine whether the petition has been signed by the required number of registered voters
1162 residing within the geographical boundaries of the proposed new school district.
1163 (4) Within 14 days after the day on which a petition described in Subsection (1) is
1164 filed, the clerk of each county with which the request or petition is filed shall:
1165 (a) determine whether the petition complies with Subsections (2) and (3), as applicable,
1166 and Section 53G-3-301; and
1167 (b) (i) if the county clerk determines that the request or petition complies with the
1168 applicable requirements:
1169 (A) certify the petition and deliver the certified petition to the county legislative body;
1170 and
1171 (B) mail or deliver written notification of the certification to the contact sponsor; or
1172 (ii) if the county clerk determines that the petition fails to comply with any of the
1173 applicable requirements, reject the petition and notify the contact sponsor in writing of the
1174 rejection and reasons for the rejection.
1175 (5) (a) If the county clerk fails to certify or reject a petition within the time specified in
1176 Subsection (4), the petition is considered to be certified.
1177 (b) If the county clerk rejects a petition, the individual who submitted the petition may
1178 amend the petition to correct the deficiencies for which the county clerk rejected the petition
1179 and refile the petition.
1180 (6) Within 10 days after the day on which a county legislative body receives a certified
1181 petition as described in Subsection (4) or (5), the county legislative body shall request that the
1182 Legislative Audit Subcommittee consider prioritizing a feasibility study, as that term is defined
1183 in Section 53G-3-102.
1184 (7) (a) The county legislative body shall:
1185 (i) provide for a 45-day public comment period to begin on the day the county
1186 legislative body receives the study under Subsection (6); and
1187 (ii) hold at least two public hearings, as defined in Section 10-9a-103, on the study and
1188 recommendations.
1189 (b) Within five business days after the day on which the public comment period ends,
1190 the legislative body of each county with which a petition is filed shall vote on the creation of
1191 the proposed new school district.
1192 (c) A county legislative body approves [
1193 new school district if a majority of the members of the legislative body vote in favor of the
1194 [
1195 (8) (a) Within five business days after the day on which a county legislative body
1196 approves a petition proposing a new school district under Subsection (7), the county legislative
1197 body shall provide notice of the approval and a copy of the petition to which the approval
1198 relates to the county clerk of each county described in Subsection (2)(b).
1199 (b) If each county described in Subsection (2)(b) approves a petition proposing a new
1200 school district, the county clerks of the counties shall submit the proposal for the creation of a
1201 new school district to all legal voters in the existing school district for approval or rejection at
1202 the next regular general election that is at least 65 days after the day on which all of the
1203 counties described in Subsection (2)(b) have complied with Subsection (8)(a).
1204 (c) The new school district proposed in the petition and the reorganized new school
1205 district are created if a majority of the voters in the existing school district vote in favor of
1206 creating the new school district.
1207 [
1208
1209
1210 [
1211 [
1212
1213 [
1214
1215 [
1216
1217
1218 Section 15. Section 53G-3-301.2 is repealed and reenacted to read:
1219 53G-3-301.2. Reserved.
1220 Section 16. Section 53G-3-301.3 is amended to read:
1221 53G-3-301.3. Creation of a new school district -- Request by a municipality --
1222 Procedures to be followed.
1223 [
1224
1225 (1) A municipality located within the boundaries of a school district may file a request
1226 to create a new school district in accordance with this section and Section 53G-3-301.
1227 (2) (a) [
1228 municipality shall file [
1229 county in which any part of the proposed new school district is located.
1230 (b) The filing municipality shall ensure that the request described in Subsection (2)(a):
1231 (i) indicates the typed or printed and current residence address of each governing board
1232 member making [
1233 (ii) describes the proposed new school district boundaries; and
1234 (iii) designates up to five signers of the request as sponsors, including one as the
1235 contact sponsor, with the mailing address and telephone number of each.
1236 (3) Within five business days after the day on which a request described in Subsection
1237 (2) is filed, the clerk of each county with which the request is filed shall:
1238 (a) determine whether the request complies with Subsection (2) and Section
1239 53G-3-301; and
1240 (b) (i) if the county clerk determines that the request complies with the applicable
1241 requirements:
1242 (A) certify the request and deliver the certified request to the municipality and each
1243 county legislative body; and
1244 (B) mail or deliver written notification of the certification to the contact sponsor; or
1245 (ii) if the county clerk determines that the request fails to comply with any of the
1246 applicable requirements, reject the request and notify the contact sponsor in writing of the
1247 rejection and reasons for the rejection.
1248 (4) (a) If the county clerk fails to certify or reject [
1249 specified in Subsection (3), the request is considered to be certified.
1250 (b) If the county clerk rejects [
1251 request may amend the request to correct the deficiencies for which the county clerk rejected
1252 the request and refile the request.
1253 (5) (a) Within 10 days after the day on which a municipal legislative body receives a
1254 certification as described in Subsection (3) or (4), a municipal legislative body shall request
1255 that the Legislative Audit Subcommittee consider prioritizing a feasibility study, as that term is
1256 defined in Section 53G-3-102.
1257 (b) For the year 2024, the municipal legislative body may use a feasibility study that
1258 the municipal legislative body conducted before [
1259 (i) the feasibility study contains the determinations described in Section 53G-3-102;
1260 and
1261 (ii) the municipality receives a report and recommendation regarding the feasibility
1262 study in a public meeting.
1263 (6) (a) The municipal legislative body shall:
1264 (i) provide for a [
1265 (A) on the day the study is presented to the municipal legislative body under
1266 Subsection (5); [
1267 (B) if the municipal legislative body uses a feasibility study described in Subsection
1268 (5)(b), on July 1, 2024; and
1269 (ii) hold at least two public hearings, as defined in Section 10-9a-103, on the study and
1270 recommendation.
1271 (b) Within 14 days after the day on which the public comment period ends, the
1272 municipal legislative body shall vote on the creation of the proposed new school district.
1273 (c) A municipal legislative body approves a proposal if a majority of the municipal
1274 legislative body vote in favor of the proposal.
1275 (d) Within five business days after the day on which the municipal legislative body
1276 approves a [
1277 legislative body shall notify the legislative body and the county clerk of each county described
1278 in Subsection (2)(a).
1279 (7) The county clerks of the counties described in Subsection (2)(a) shall submit the
1280 proposal for the creation of a new school district to all legal voters residing within the proposed
1281 new school district boundaries for approval or rejection at the next regular general election that
1282 is a least 65 days after the day on which the municipal legislative body complies with
1283 Subsection (6)(d).
1284 (8) The new school district described in the request and the reorganized new school
1285 district are created if a majority of the voters in the proposed new school district boundaries
1286 vote in favor of creating the new school district.
1287 [
1288
1289 [
1290 [
1291
1292 [
1293
1294 [
1295
1296
1297 [
1298 district or reorganized new school district, including by:
1299 (a) entering into a loan agreement with the new school district or reorganized new
1300 school district; or
1301 (b) assisting the new school district or reorganized new school district in securing a
1302 line of credit.
1303 Section 17. Section 53G-3-301.4 is amended to read:
1304 53G-3-301.4. Creation of a new school district -- By interlocal agreement
1305 participants -- Procedures to follow.
1306 (1) [
1307
1308 (a) On or after April 30, 2024, interlocal agreement participants may file a request
1309 proposing the creation of a new school district in accordance with this section and Section
1310 53G-3-301.
1311 (b) A municipality may not:
1312 (i) enter into more than one interlocal agreement for the purpose of submitting for voter
1313 approval, in the same election, a proposal to create a new school district under this part; or
1314 (ii) participate in a request under this section and submit a request under Section
1315 53G-3-301.3 for the same election.
1316 (c) A municipality may not withdraw from an interlocal agreement under this part,
1317 unless, before August 1 of the year in which the interlocal agreement participants file the
1318 request under Subsection (1)(a):
1319 (i) the municipality votes, via the legislative body of the municipality, to withdraw
1320 from the interlocal agreement; and
1321 (ii) a majority of all municipalities that are participants in the interlocal agreement vote
1322 to withdraw from the interlocal agreement, via a separate vote of the legislative body of each
1323 municipality.
1324 (d) If a majority of all municipalities that are participants in the interlocal agreement
1325 vote to withdraw from the interlocal agreement under Subsection (1)(a), the request is void and
1326 the interlocal agreement participants may not participate in a new or a revised request until the
1327 following year.
1328 (2) (a) Ĥ→ [
1328a legislative body, the legislative body of a
1329 municipality, together with at least one other municipality, may enter into an interlocal
1330 agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
1331 of submitting for voter approval a measure to create a new school district if Ĥ→ [
1332 (i) except as provided in Subsection (3),
1333 with the requirements of Section 53G-3-301 Ĥ→ [
1334 (ii) [
1335
1336
1337 combined population of the interlocal agreement participants' population.
1338 (b) A county may only participate in an interlocal agreement under this Subsection (2)
1339 for the unincorporated areas of the county.
1340 (c) Boundaries of a new school district created under this section may include:
1341 (i) a portion of one or more existing school districts; and
1342 (ii) a portion of the unincorporated area of a county.
1343 (3) (a) As used in this Subsection (3), "municipality's school district" means the school
1344 district that includes all of the municipality in which the isolated area is located except the
1345 isolated area, as that term is defined in Section 53G-3-102.
1346 (b) Notwithstanding Subsection 53G-3-301(3), a municipality may be a participant in
1347 an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area
1348 within the municipality's boundaries if:
1349 (i) the portion of the municipality proposed to be included in the new school district
1350 would, if not included, become an isolated area upon the creation of the new school district; or
1351 (ii) (A) the portion of the municipality proposed to be included in the new school
1352 district is within the boundaries of the same school district that includes the other interlocal
1353 agreement participants; and
1354 (B) the portion of the municipality proposed to be excluded from the new school
1355 district is within the boundaries of a school district other than the school district that includes
1356 the other interlocal agreement participants.
1357 (c) (i) Notwithstanding Subsection 53G-3-301(3), interlocal agreement participants
1358 may submit a proposal to the legal voters residing within the proposed new school district
1359 boundaries to create a new school district in accordance with an interlocal agreement under
1360 Subsection (2)(a), even though the new school district boundaries would create an isolated
1361 area, as that term is defined in Section 53G-3-102, if:
1362 (A) the potential isolated area is contiguous to one or more of the interlocal agreement
1363 participants;
1364 (B) the interlocal participants submit a written request to the municipality in which the
1365 potential isolated area is located, requesting the municipality to enter into an interlocal
1366 agreement under Subsection (2)(a) that proposes to submit for voter approval a [
1367 proposal to create a new school district that includes the potential isolated area; and
1368 (C) the municipality, to which the interlocal agreement participants submitted a request
1369 under Subsection (3)(c)(i)(B), did not respond to the written request within 30 days after the
1370 day on which the request was submitted.
1371 (ii) Each municipality receiving a request under Subsection (3)(c)(i) shall hold at least
1372 two public hearings to allow input from the public and affected school districts regarding
1373 whether [
1374 potential isolated area.
1375 (iii) A municipal legislative body approves a proposal to enter into an interlocal
1376 agreement with respect to the potential isolated area if a majority of the municipal legislative
1377 body votes in favor of the proposal.
1378 (d) (i) The isolated area described in this Subsection (3) shall, on July 1 of the second
1379 calendar year following the local school board general election date described in Section
1380 53G-3-302, become part of the municipality's school district.
1381 (ii) The divided district shall continue to provide educational services to the isolated
1382 area until July 1 of the second calendar year following the local school board general election
1383 date described in Section 53G-3-302.
1384 (4) (a) [
1385 Interlocal agreement participants shall file a request described in Subsection (1) with the clerk
1386 of each county in which any part of the proposed new school district is located.
1387 (b) The filing interlocal agreement participants shall ensure that the request described
1388 in Subsection (4)(a):
1389 (i) indicates the typed or printed and current residence address of each governing board
1390 member making a request;
1391 (ii) describes the proposed new school district boundaries; and
1392 (iii) designates up to five signers of the request as sponsors, including as the contact
1393 sponsor, with the mailing address and telephone number of each.
1394 (5) Within five business days after the day on which a request described in Subsection
1395 (4)(a) is filed, the clerk of each county with which the request is filed shall:
1396 (a) determine whether the request complies with this section and Section 53G-3-301;
1397 and
1398 (b) (i) if the county clerk determines that the request complies with the applicable
1399 requirements:
1400 (A) certify the request and deliver the certified request to the legislative bodies of the
1401 interlocal agreement participants; and
1402 (B) mail or deliver written notification of the certification to the contact sponsor; or
1403 (ii) if the county clerk determines that the request fails to comply with any of the
1404 applicable requirements, reject the request and notify the contact sponsor in writing of the
1405 rejection and reasons for the rejection.
1406 (6) (a) If the county clerk fails to certify or reject a request within the time specified in
1407 Subsection (5), the request is considered to be certified.
1408 (b) [
1409 submitted the request may amend the request to correct the deficiencies for which the county
1410 clerk rejected the request, and refile the request.
1411 (7) (a) Within 30 days after the day on which the contact sponsor receives certification
1412 as described in Subsection (5) or (6), the contact sponsor shall request that the Legislative
1413 Audit Subcommittee consider prioritizing a feasibility study, as that term is defined in Section
1414 53G-3-102.
1415 (b) For the year 2024, the interlocal agreement participants may use a feasibility study
1416 that interlocal agreement participants conducted before [
1417 (i) the feasibility study contains the determinations described in Section 53G-3-102;
1418 and
1419 (ii) the legislative bodies of the interlocal agreement participants receive a report and
1420 recommendation regarding the feasibility study in a public meeting.
1421 (8) (a) The legislative bodies of the interlocal agreement participants shall:
1422 (i) provide for a [
1423 (A) on the day on which the legislative bodies of the interlocal agreement participants
1424 receive the report under Subsection (7); [
1425 Ĥ→ [
1426 (5)(b), on July 1, 2024; and
1426a study described in Subsection (7)(b), regardless of whether the municipal legislative body
1426b provided all or a portion of a public comment period in relation to the feasibility study before
1426c July 1, 2024; and ←Ĥ
1427 (ii) Ĥ→ except as provided in Subsection (8)(d), ←Ĥ hold at least two public hearings, as
1427a defined in Section 10-9a-103, on the study and
1428 recommendation.
1429 (b) Within 14 days after the day on which the public comment period ends, the
1430 legislative bodies of the interlocal agreement participants shall vote on the creation of the
1431 proposed new school district.
1432 (c) The interlocal agreement participants approve a proposal if a majority of each of the
1433 legislative bodies of the interlocal agreement participants' members vote in favor of the
1434 proposal. Ĥ→
1434a (d) If the municipal legislative body uses a feasibility study described in
1434b Subsection (7)(b), the number of public hearings required under Subsection (8)(a)(ii) is
1434c reduced by the number of public hearings the municipal legislative body held on the feasibility
1434d study before July 1, 2024. ←Ĥ
1435 (9) [
1436 participants approve a [
1437 interlocal agreement participants shall notify the legislative body and the county clerk of each
1438 county described in Subsection (4)(a).
1439 [
1440 [
1441
1442 [
1443 [
1444
1445 [
1446
1447 [
1448
1449
1450 (10) (a) The county clerks of the counties described in Subsection (4)(a) shall submit
1451 the proposal for the creation of a new school district to all legal voters residing within the☆
1452 ☆proposed new school district boundaries for approval or rejection at the next regular general
1453 election that is at least 65 days after the day on which the interlocal agreement participants
1454 comply with Subsection (9).
1455 (b) The new school district described in the request and the reorganized new school
1456 district are created if a majority of the voters in the proposed new school district boundaries
1457 vote in favor of creating the new school district.
1458 (11) Nothing in this section prevents an interlocal agreement participant from assisting
1459 the new school district or reorganized new school district, including by:
1460 (a) entering into a loan agreement with the new school district or reorganized new
1461 school district; or
1462 (b) assisting the new school district or reorganized new school district in securing a
1463 line of credit.
1464 Section 18. Section 53G-3-302 is amended to read:
1465 53G-3-302. Election of local school board members -- Allocation of assets and
1466 liabilities -- Startup costs -- Transfer of title.
1467 (1) (a) If voters approve a proposal to create a new school district under this part:
1468 [
1469
1470
1471 [
1472
1473 [
1474 [
1475 (i) the legislative body of each county where all or a part of the new school district and
1476 the reorganized new school district are located shall hold elections during the year immediately
1477 following the year in which the voters approve the proposal to elect members to the local
1478 school board of the new school district and the reorganized new school district, as follows:
1479 (A) the filing period for a declaration of candidacy will be the same as the filing period
1480 for a municipal election;
1481 (B) the primary election will be held on the same day as the municipal primary
1482 election; and
1483 (C) the general election will be held on the same day as the municipal general election;
1484 (ii) the new school district and reorganized new school district shall divide the assets
1485 and liabilities of the divided school district between the new school district and the reorganized
1486 new school district as provided in Subsection (3) and Section 53G-3-307;
1487 (iii) transferred employees shall be treated in accordance with Sections 53G-3-205 and
1488 53G-3-308;
1489 (iv) an individual residing within the boundaries of a new school district or reorganized
1490 new school district at the time the new school district is created may, for six school years
1491 following the creation of the new school district, elect to enroll in a secondary school located
1492 outside the boundaries of the reorganized new school district if:
1493 (A) the individual resides within the boundaries of that secondary school as of the day
1494 before the new school district is created; and
1495 (B) the individual would have been eligible to enroll in that secondary school had the
1496 new school district not been created;
1497 (v) the reorganized new school district in which the secondary school is located shall
1498 provide educational services, including, if provided before the creation of the new school
1499 district, busing to each individual making an election under Subsection (1)(a)(iv) for each
1500 school year for which the individual makes the election; and
1501 (vi) within one year following the date on which the new school district begins
1502 providing educational services, the superintendent of each affected school district shall meet,
1503 together with the state superintendent, to determine if further boundary changes should take
1504 place in accordance with Section 53G-3-501.
1505 [
1506
1507
1508
1509 (b) (i) The county or municipal legislative bodies that conduct redistricting for the new
1510 school district and the reorganized new school district shall, at the meeting where the county or
1511 municipal legislative bodies adopt the final redistricting maps, adjust the initial terms of the
1512 board members for the new school district and the reorganized new school district, by lot, so
1513 that approximately half of the board members on each board will have an initial term of three
1514 years with the other members having an initial term of five years.
1515 (ii) The term of a member of the divided school district local school board terminates
1516 on January 1 of the year following the allocation date[
1517
1518 (iii) Notwithstanding the existence of the new school district local school board and the
1519 reorganized new school district local school board under Subsection (1)(a)(i), the divided
1520 school district local school board shall continue to function and exercise authority as a local
1521 school board until the allocation date to the extent necessary to continue to provide educational
1522 services to the entire divided school district.
1523 (iv) An individual may simultaneously serve as or be elected to be a member of the
1524 local school board of a divided school district and a member of the local school board of:
1525 (A) a new school district; or
1526 (B) a reorganized new school district.
1527 (2) (a) The divided school district local school board shall, within 60 days after the
1528 creation date:
1529 (i) prepare an inventory of the divided school district's:
1530 (A) assets, both tangible and intangible, real and personal; and
1531 (B) liabilities; and
1532 (ii) deliver a copy of the inventory to the Office of the Legislative Auditor General.
1533 (b) Following the local school board election date described in Subsection (1)(a), the
1534 new school district and reorganized new school district local school boards shall:
1535 (i) request a copy of the inventory described in Subsection (2)(a) from the Office of the
1536 Legislative Auditor General;
1537 (ii) determine the allocation of the divided school district's assets and, except for
1538 indebtedness under Section 53G-3-307, liabilities of the new school district and reorganized
1539 new school district in accordance with Subsection (3);
1540 (iii) prepare a written report detailing the allocation under Subsection (2)(b)(ii); and
1541 (iv) deliver a copy of the written report to the Office of the Legislative Auditor General
1542 and the divided school district local board.
1543 (c) The new school district and reorganized new school district local boards shall
1544 determine the allocation under Subsection (2)(b) and deliver the report required under
1545 Subsection (2)(b) on or before July 1 of the year following the school board election date,
1546 unless that deadline is extended by mutual agreement of the new school district and
1547 reorganized new school district local boards.
1548 (3) (a) As used in this Subsection (3):
1549 (i) "Associated property" means furniture, equipment, or supplies located in or
1550 specifically associated with a physical asset.
1551 (ii) (A) "Discretionary asset or liability" means, except as provided in Subsection
1552 (3)(a)(ii)(B), an asset or liability that is not tied to a specific project, school, student, or
1553 employee by law or school district accounting practice.
1554 (B) "Discretionary asset or liability" does not include a physical asset, associated
1555 property, a vehicle, or bonded indebtedness.
1556 (iii) (A) "Nondiscretionary asset or liability" means, except as provided in Subsection
1557 (3)(a)(iii)(B), an asset or liability that is tied to a specific project, school, student, or employee
1558 by law or school district accounting practice.
1559 (B) "Nondiscretionary asset or liability" does not include a physical asset, associated
1560 property, a vehicle, or bonded indebtedness.
1561 (iv) "Physical asset" means a building, land, or water right together with revenue
1562 derived from the lease or use of the building, land, or water right.
1563 (b) Except as provided under Subsection (3)(c), the new school district and reorganized
1564 new school district local school boards shall allocate all assets and liabilities the divided school
1565 district owns on the allocation date, both tangible and intangible, real and personal as follows:
1566 (i) a physical asset and associated property asset shall be allocated to the school district
1567 in which the physical asset is located;
1568 (ii) a discretionary asset or liability shall be allocated between the new school district
1569 and reorganized new school district in proportion to the student population of the school
1570 districts;
1571 (iii) vehicles used for pupil transportation shall be allocated:
1572 (A) according to the transportation needs of schools, as measured by the number and
1573 assortment of vehicles used to serve eligible state supported transportation routes serving
1574 schools within the new school district and the reorganized new school district; and
1575 (B) in a manner that gives each school district a fleet of vehicles for pupil
1576 transportation that is equivalent in terms of age, condition, and variety of carrying capacities;
1577 and
1578 (iv) other vehicles shall be allocated:
1579 (A) in proportion to the student population of the school districts; and
1580 (B) in a manner that gives each district a fleet of vehicles that is similar in terms of age,
1581 condition, and carrying capacities.
1582 (c) By mutual agreement, the new school district and reorganized new school district
1583 local school boards may allocate an asset or liability in a manner different than the allocation
1584 method specified in Subsection (3)(b).
1585 (4) (a) As used in this Subsection (4):
1586 (i) "New school district startup costs" means the costs and expenses incurred by a new
1587 school district in order to prepare to begin providing educational services on July 1 of the
1588 second calendar year following the local school board [
1589 described in Subsection (1)(a)(i).
1590 (ii) "Reorganized new school district startup costs" means the costs and expenses that a
1591 reorganized new school district incurs to make necessary adjustments to deal with the impacts
1592 resulting from the creation of the new school district and to prepare to provide educational
1593 services within the reorganized new school district once the new school district begins
1594 providing educational services within the new school district.
1595 (b) On or before January 1 of the year following the new local school board [
1596
1597 shall make the unassigned reserve funds from the divided school district's general fund
1598 available for the use of the reorganized new school district and the new school district in
1599 proportion to the student enrollment of each new school district.
1600 (c) The divided school district may make additional funds available for the use of the
1601 reorganized new school district and the new school district beyond the amount specified in
1602 Subsection (4)(b) through an interlocal agreement.
1603 (d) The following may access and spend money made available under Subsection
1604 (4)(b):
1605 (i) the reorganized new school district local school board; and
1606 (ii) the new school district local school board.
1607 (e) The new school district and the reorganized new school district may use the money
1608 made available under Subsection (4)(b) to pay for the new school district and reorganized new
1609 school district startup costs.
1610 (5) (a) The divided school district shall transfer title or, if applicable, partial title of
1611 property to the new school district and the reorganized new school district in accordance with
1612 the allocation of property as stated in the report under Subsection (2)(b)(iii).
1613 (b) The divided school district shall complete each transfer of title or, if applicable,
1614 partial title to real property and vehicles on or before one calendar year from the date of the
1615 local school board election date described in Subsection (1)(a)(i), except as that date is changed
1616 by the mutual agreement of:
1617 (i) the local school board of the divided school district;
1618 (ii) the local school board of the reorganized new school district; and
1619 (iii) the local school board of the new school district.
1620 (c) The divided school district shall complete the transfer of all property not included
1621 in Subsection (5)(b) on or before November 1 of the calendar year following the local school
1622 board election date described in Subsection (1)(a)(i).
1623 (6) Except as provided in Subsection (5), a divided school district may not transfer or
1624 agree to transfer title to district property beginning on the day the new school district or
1625 reorganized new school district is created without the prior consent of:
1626 (a) the legislative body of the municipality in which the boundaries for the new school
1627 district or reorganized new school district are entirely located; or
1628 (b) the legislative bodies of all interlocal agreement participants in which the
1629 boundaries of the new school district or reorganized new school district are located.
1630 Section 19. Section 53G-3-303 is amended to read:
1631 53G-3-303. New school district property tax -- Limitations.
1632 (1) A new school district, created under Section 53G-3-301.1, [
1633 ]53G-3-301.3, or 53G-3-301.4[
1634 property tax before the fiscal year in which the new school district and reorganized new school
1635 district assume responsibility for providing student instruction.
1636 (2) (a) If at the time a new school district created in accordance with Section
1637 53G-3-301.1, [
1638 instruction any portion of the territory within the new school district was subject to a levy
1639 pursuant to Section 53F-8-301, the new school district's board may:
1640 (i) discontinue the levy for the new school district;
1641 (ii) impose a levy on the new school district as provided in Section 53F-8-301; or
1642 (iii) impose the levy on the new school district, subject to Subsection (2)(b).
1643 (b) If the new school district's local school board applies a levy to the new school
1644 district in accordance with Subsection (2)(a)(iii), the levy may not exceed the maximum
1645 duration or rate authorized by the voters of the divided school district at the time of the vote to
1646 create the new school district.
1647 Section 20. Section 53G-3-305 is amended to read:
1648 53G-3-305. Redistricting -- Local school board membership.
1649 (1) Upon the creation of a new school district or a reorganized new school district in
1650 accordance with Section 53G-3-301.1, [
1651 applicable legislative body shall redistrict the affected school districts in accordance with
1652 Section 20A-14-201.
1653 (2) Except as provided in Section 53G-3-302, local school board membership in the
1654 affected school districts shall be determined under Title 20A, Chapter 14, Part 2, Election of
1655 Members of Local Boards of Education.
1656 Section 21. Effective date.
1657 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
1658 elected to each house, this bill takes effect upon approval by the governor, or the day following
1659 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
1660 signature, or in the case of a veto, the date of veto override.
1661 (2) If this bill is not approved by two-thirds of all members elected to each house, this
1662 bill takes effect on August 19, 2024.
1663 Section 22. Retrospective operation.
1664 This bill has retrospective operation to May 2, 2024.