Bill Summary – FastDemocracy

Enrolled Copy                                                                              H.B. 3003
                                  SCHOOL DISTRICT AMENDMENTS
                                           2024 THIRD SPECIAL SESSION
                                                    STATE OF UTAH
                                           Chief Sponsor: Brady Brammer Senate Sponsor: Keith Grover
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  LONG TITLE
  General Description:
      This bill repeals and amends certain provisions relating to creating a new school district and
  electing school board members when a new school district is created.
  Highlighted Provisions:
      This bill:
      ▸ defines terms;
      ▸ retrospectively repeals procedures for a local school board to propose a new school
  district;
      ▸ amends certain processes and procedures related to creating a new school district;
      ▸ amends provisions of the Election Code regarding:
              ●   the creation of a new school district; and
              ●   local school board elections when a new school district is created;
      ▸ specifies the board of canvassers for an election to create a new school district or to elect
  school board members for a new school district or a reorganized new school district;
      ▸ requires county and municipal legislative bodies that redistrict after a new school district
  is created to adjust initial terms for the newly elected school board members;
      ▸ amends the timeline for redistricting after a new school district is created; and
      ▸ makes technical and conforming changes.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      This bill provides a special effective date.
      This bill has retrospective operation.
  Utah Code Sections Affected:
     H.B. 3003                                                                           Enrolled Copy
   AMENDS:
       20A-1-201.5, as last amended by Laws of Utah 2024, Chapter 438
       20A-1-202, as last amended by Laws of Utah 2023, Chapter 15
       20A-1-203, as last amended by Laws of Utah 2024, Chapters 438, 526
       20A-4-301, as last amended by Laws of Utah 2024, Chapter 465
       20A-7-101, as last amended by Laws of Utah 2024, Chapters 438, 442 and 465
       20A-7-402, as last amended by Laws of Utah 2023, Chapter 435
       20A-9-404, as last amended by Laws of Utah 2023, Chapter 116
       20A-11-1203, as last amended by Laws of Utah 2019, Chapter 203
       20A-14-201, as last amended by Laws of Utah 2022, Chapter 265
       36-12-15, as last amended by Laws of Utah 2024, Chapters 403, 526
       53G-3-102, as last amended by Laws of Utah 2024, Chapter 526
       53G-3-202, as last amended by Laws of Utah 2024, Chapter 526
       53G-3-301, as repealed and reenacted by Laws of Utah 2024, Chapter 526
       53G-3-301.1, as enacted by Laws of Utah 2024, Chapter 526
       53G-3-301.3, as enacted by Laws of Utah 2024, Chapter 526
       53G-3-301.4, as enacted by Laws of Utah 2024, Chapter 526
       53G-3-302, as repealed and reenacted by Laws of Utah 2024, Chapter 526
       53G-3-303, as last amended by Laws of Utah 2024, Chapter 526
       53G-3-305, as last amended by Laws of Utah 2024, Chapter 526
   REPEALS AND REENACTS:
       53G-3-301.2, as enacted by Laws of Utah 2024, Chapter 526
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   Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 20A-1-201.5 is amended to read:
         20A-1-201.5 . Primary election dates.
   (1) The regular primary election shall be held throughout the state on the fourth Tuesday of
       June of each even numbered year as provided in Section 20A-9-403, 20A-9-407, or
       20A-9-408, as applicable, to nominate persons for national, state, school board, and
       county offices.
   (2) A municipal primary election shall be held, if necessary, on the second Tuesday
       following the first Monday in August before the regular municipal election to nominate
       persons for:
       (a) municipal offices[.] ; or
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      (b) local school board office for a new school district or a reorganized new school
          district under Section 53G-3-302.
  (3) A presidential primary election shall be held throughout the state on the first Tuesday in
      March in the year in which a presidential election will be held.
        Section 2. Section 20A-1-202 is amended to read:
        20A-1-202 . Date and purpose of municipal general election.
  (1) Except as provided in Section 20A-1-206, a municipal general election shall be held in
      municipalities, and special districts as applicable, on the first Tuesday after the first
      Monday in November of each odd-numbered year.
  (2) At the municipal general election, the voters shall:
      (a)(i) choose persons to serve as municipal officers; [and]
          (ii) for a special district that holds an election during an odd-numbered year, choose
                 persons to serve as special district officers; and
          (iii) choose persons to serve as local school board members for a new school district
                 or a reorganized new school district under Section 53G-3-302; and
      (b) approve or reject:
          (i) any proposed initiatives or referenda that have qualified for the ballot as provided
                 by law; and
          (ii) any other ballot propositions submitted to the voters that are authorized by the
                 Utah Code.
        Section 3. Section 20A-1-203 is amended to read:
        20A-1-203 . Calling and purpose of special elections -- Two-thirds vote
  limitations.
  (1) Statewide and local special elections may be held for any purpose authorized by law.
  (2)(a) Statewide special elections shall be conducted using the procedure for regular
      general elections.
      (b) Except as otherwise provided in this title, local special elections shall be conducted
          using the procedures for regular municipal elections.
  (3) The governor may call a statewide special election by issuing an executive order that
      designates:
      (a) the date for the statewide special election; and
      (b) the purpose for the statewide special election.
  (4) The Legislature may call a statewide special election by passing a joint or concurrent
      resolution that designates:
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      H.B. 3003                                                                                 Enrolled Copy
       (a) the date for the statewide special election; and
       (b) the purpose for the statewide special election.
   (5)(a) The legislative body of a local political subdivision may call a local special
       election only for:
             (i) a vote on a bond or debt issue;
             (ii) a vote on a voted local levy authorized by Section 53F-8-402 or 53F-8-301;
             (iii) an initiative authorized by Chapter 7, Part 5, Local Initiatives - Procedures;
             (iv) a referendum authorized by Chapter 7, Part 6, Local Referenda - Procedures;
             (v) if required or authorized by federal law, a vote to determine whether Utah's legal
                 boundaries should be changed;
             (vi) a vote authorized or required by Title 59, Chapter 12, Sales and Use Tax Act;
             [(vii) a vote to elect members to school district boards for a new school district and a
                 reorganized new school district, as defined in Section 53G-3-102, following the
                 creation of a new school district under Section 53G-3-302;]
             [(viii)] (vii) a vote on a municipality providing cable television services or public
                 telecommunications services under Section 10-18-204;
             [(ix)] (viii) a vote to create a new county under Section 17-3-1;
             [(x)] (ix) a vote on a special property tax under Section 53F-8-402; or
             [(xi)] (x) a vote on the incorporation of a municipality in accordance with Section
                 10-2a-210.
       (b) The legislative body of a local political subdivision may call a local special election
             by adopting an ordinance or resolution that designates:
             (i) the date for the local special election as authorized by Section 20A-1-204; and
             (ii) the purpose for the local special election.
       (c) A local political subdivision may not call a local special election unless the ordinance
             or resolution calling a local special election under Subsection (5)(b) is adopted by a
             two-thirds majority of all members of the legislative body, if the local special
             election is for:
             (i) a vote on a bond or debt issue as described in Subsection (5)(a)(i);
             (ii) a vote on a voted leeway or levy program as described in Subsection (5)(a)(ii); or
             (iii) a vote authorized or required for a sales tax issue as described in Subsection
                 (5)(a)(vi).
         Section 4. Section 20A-4-301 is amended to read:
         20A-4-301 . Board of canvassers.
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  (1)(a) Each county legislative body is the board of county canvassers for:
          (i) the county; and
          (ii) each special district whose election is conducted by the county if:
              (A) the election relates to the creation of the special district;
              (B) the county legislative body serves as the governing body of the special
                   district; or
              (C) there is no duly constituted governing body of the special district.
      (b) The board of county canvassers shall meet to canvass the returns at the usual place of
          meeting of the county legislative body, at a date and time determined by the county
          clerk that is no sooner than seven days after the election and no later than 14 days
          after the election.
      (c) If one or more of the county legislative body fails to attend the meeting of the board
          of county canvassers, the remaining members shall replace the absent member by
          appointing in the order named:
          (i) the county treasurer;
          (ii) the county assessor; or
          (iii) the county sheriff.
      (d) Attendance of the number of persons equal to a simple majority of the county
          legislative body, but not less than three persons, shall constitute a quorum for
          conducting the canvass.
      (e) The county clerk is the clerk of the board of county canvassers.
  (2)(a) The mayor and the municipal legislative body are the board of municipal
      canvassers for the municipality.
      (b) The board of municipal canvassers shall meet to canvass the returns at the usual
          place of meeting of the municipal legislative body:
          (i) for canvassing of returns from a municipal general election, no sooner than seven
              days after the election and no later than 14 days after the election; or
          (ii) for canvassing of returns from a municipal primary election, no sooner than seven
              days after the election and no later than 14 days after the election.
      (c) Attendance of a simple majority of the municipal legislative body shall constitute a
          quorum for conducting the canvass.
  (3)(a) The legislative body of the entity authorizing a bond election is the board of
      canvassers for each bond election.
      (b) The board of canvassers for the bond election shall comply with the canvassing
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      H.B. 3003                                                                                 Enrolled Copy
             procedures and requirements of Section 11-14-207.
       (c) Attendance of a simple majority of the legislative body of the entity authorizing a
             bond election shall constitute a quorum for conducting the canvass.
   (4)(a) If a board of trustees or an administrative control board is the governing body of
       a special district, the board of trustees or the administrative control board is the board
       of special district canvassers for the special district.
       (b) The board of special district canvassers shall meet to canvass the returns at the usual
             place of meeting for the board of trustees or the administrative control board, as
             applicable, at a date and time determined by the special district clerk that is no sooner
             than seven days after the day of the election and no later than 14 days after the day of
             the election.
       (c) Attendance of a simple majority of the board of trustees or the administrative control
             board is a quorum for conducting the canvass.
   (5) In relation to an election for the creation of a new school district under Section
       53G-3-301.1, 53G-3-301.3, or 53G-3-301.4, or in relation to an election of members of a
       local school board for a new school district or a reorganized new school district under
       Section 53G-3-302, the board of canvassers is:
       (a) if the voters permitted to vote in the election are all residents of the same
             municipality, the mayor and the municipal legislative body;
       (b) if the voters permitted to vote in the election are not all residents of the same
             municipality, but are all residents of the same county, the county legislative body; or
       (c) if the voters permitted to vote in the election are not all residents of the same
             municipality and are not all residents of the same county, the county legislative body
             of the county where the majority of the voters permitted to vote in the election are
             residents.
         Section 5. Section 20A-7-101 is amended to read:
         20A-7-101 . Definitions.
      As used in this chapter:
   (1) "Approved device" means a device described in Subsection 20A-21-201(4) used to
       gather signatures for the electronic initiative process, the electronic referendum process,
       or the electronic candidate qualification process.
   (2) "Budget officer" means:
       (a) for a county, the person designated as finance officer as defined in Section 17-36-3;
       (b) for a city, the person designated as budget officer in Subsection 10-6-106(4); or
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      Enrolled Copy                                                                                H.B. 3003
      (c) for a town, the town council.
  (3) "Certified" means that the county clerk has acknowledged a signature as being the
      signature of a registered voter.
  (4) "Circulation" means the process of submitting an initiative petition or a referendum
      petition to legal voters for their signature.
  (5) "Electronic initiative process" means:
      (a) as it relates to a statewide initiative, the process, described in Sections 20A-7-215
          and 20A-21-201, for gathering signatures; or
      (b) as it relates to a local initiative, the process, described in Sections 20A-7-514 and
          20A-21-201, for gathering signatures.
  (6) "Electronic referendum process" means:
      (a) as it relates to a statewide referendum, the process, described in Sections 20A-7-313
          and 20A-21-201, for gathering signatures; or
      (b) as it relates to a local referendum, the process, described in Sections 20A-7-614 and
          20A-21-201, for gathering signatures.
  (7) "Eligible voter" means a legal voter who resides in the jurisdiction of the county, city, or
      town that is holding an election on a ballot proposition.
  (8) "Final fiscal impact statement" means a financial statement prepared after voters
      approve an initiative that contains the information required by Subsection 20A-7-202.5
      (2) or 20A-7-502.5(2).
  (9) "Initial fiscal impact statement" means a financial statement prepared under Section
      20A-7-202.5 after the filing of a statewide initiative application.
  (10) "Initial fiscal impact and legal statement" means a financial and legal statement
      prepared under Section 20A-7-502.5 or 20A-7-602.5 for a local initiative or a local
      referendum.
  (11) "Initiative" means a new law proposed for adoption by the public as provided in this
      chapter.
  (12) "Initiative application" means:
      (a) for a statewide initiative, an application described in Subsection 20A-7-202(2) that
          includes all the information, statements, documents, and notarized signatures
          required under Subsection 20A-7-202(2); or
      (b) for a local initiative, an application described in Subsection 20A-7-502(2) that
          includes all the information, statements, documents, and notarized signatures
          required under Subsection 20A-7-502(2).
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      H.B. 3003                                                                                     Enrolled Copy
   (13) "Initiative packet" means a copy of the initiative petition, a copy of the