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Second Substitute H.B. 77
Senator Curtis S. Bramble proposes the following substitute bill:
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SCHOOL DISTRICT BOUNDARIES
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: David N. Cox
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Senate Sponsor:
Curtis S. Bramble
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Cosponsors:
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Bradley M. Daw
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Glenn A. Donnelson
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John Dougall
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James A. FerrinCraig A. Frank
Gregory H. Hughes
Bradley T. Johnson
Rebecca D. LockhartMichael E. Noel
Aaron Tilton
David Ure
Peggy Wallace
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LONG TITLE
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General Description:
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This bill modifies procedures related to the creation of a new school district.
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Highlighted Provisions:
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This bill:
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. allows the governing body of certain cities and counties to submit for voter approval
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a proposal to establish a new school district;
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. imposes requirements for the filing and processing of a petition or request to create
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a new school district;
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. requires the county legislative body to make district boundary changes when voters
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approve a new school district;
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. provides for transfer of property and indebtedness of affected districts consistent
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with procedures for other types of school district boundary changes;
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. provides for certain treatment of transferred employees of affected districts; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53A-2-104, as last amended by Chapter 294, Laws of Utah 1998
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53A-2-105, as last amended by Chapter 105, Laws of Utah 2005
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53A-2-118, as last amended by Chapter 233, Laws of Utah 2005
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53A-2-122, as enacted by Chapter 234, Laws of Utah 2003
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ENACTS:
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53A-2-118.1, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-2-104
is amended to read:
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53A-2-104. Transfer of a portion of a school district -- Board resolution -- Board
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petition -- Elector petition -- Transfer election.
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(1) Part of a school district may be transferred to another district in one of the
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following ways:
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(a) presentation to the county legislative body of each of the affected counties of a
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resolution requesting the transfer, approved by at least four-fifths of the members of the local
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board of education of each affected school district;
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(b) presentation to the county legislative body of each affected county of a petition
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requesting that the electors vote on the transfer, signed by a majority of the members of the
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local school board of each affected school district; [or]
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(c) presentation to the county legislative body of each affected county of a petition
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requesting that the electors vote on the transfer, signed by 15% of the qualified electors in each
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of the affected school districts within that county[.]; or
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(d) voter approval of a proposal pursuant to Section
53A-2-118.1
.
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(2) (a) If an annexation of property by a city would result in its residents being served
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by more than one school district, then the presidents of the affected local school boards shall
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meet within 60 days prior to the effective date of the annexation to determine whether it would
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be advisable to adjust school district boundaries to permit all residents of the expanded city to
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be served by a single school district.
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(b) Upon conclusion of the meeting, the local school board presidents shall prepare a
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recommendation for presentation to their respective boards as soon as reasonably possible.
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(c) The boards may then initiate realignment proceedings under Subsection (1)(a) or
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(b).
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(d) If a local board rejects realignment under Subsection (1)(a) or (b), the other board
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may initiate the following procedures by majority vote within 60 days of the vote rejecting
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realignment:
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(i) (A) within 30 days after a vote to initiate these procedures, each local board shall
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appoint one member to a boundary review committee; or
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(B) if the local board becomes deadlocked in selecting the appointee under Subsection
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(2)(d)(i)(A), the board's chair shall make the appointment or serve as the appointee to the
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review committee.
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(ii) The two local board-appointed members of the committee shall meet and appoint a
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third member of the committee.
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(iii) If the two local board-appointed members are unable to agree on the appointment
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of a third member within 30 days after both are appointed, the State Superintendent of Public
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Instruction shall appoint the third member.
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(iv) The committee shall meet as necessary to prepare recommendations concerning
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resolution of the realignment issue, and shall submit the recommendations to the affected local
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boards within six months after the appointment of the third member of the committee.
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(v) If a majority of the members of each local board accepts the recommendation of the
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committee, or accepts the recommendation after amendment by the boards, then the accepted
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recommendation shall be implemented.
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(vi) If the committee fails to submit its recommendation within the time allotted, or if
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one local board rejects the recommendation, the affected boards may agree to extend the time
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for the committee to prepare an acceptable recommendation or either board may request the
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State Board of Education to resolve the question.
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(vii) If the committee has submitted a recommendation which the state board finds to
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be reasonably supported by the evidence, the state board shall adopt the committee's
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recommendation.
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(viii) The decision of the state board is final.
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(3) (a) The electors of each affected district shall vote on the transfer requested under
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Subsection (1)(b) or (c) at an election called for that purpose, which may be the next general
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election.
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(b) The election shall be conducted and the returns canvassed as provided by election
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law.
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(c) A transfer is effected only if a majority of votes cast by the electors in both the
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proposed transferor district and in the proposed transferee district are in favor of the transfer.
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Section 2.
Section
53A-2-105
is amended to read:
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53A-2-105. Transfer of school property -- Indebtedness on transferred property.
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(1) If a transfer of a portion of one school district to another school district is approved
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under Section
53A-2-104
or
53A-2-118.1
, the state superintendent and the superintendents and
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presidents of the boards of education of each of the affected school districts shall determine the
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basis for a transfer of all school property reasonably and fairly allocable to that portion being
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transferred.
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(2) (a) Title to property transferred vests in the transferee board of education.
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(b) The transfer of a school building that is in operation at the time of determination
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shall be made at the close of a fiscal year.
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(c) The transfer of all other school property shall be made five days after approval of
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the transfer of territory under Section
53A-2-104
.
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(3) (a) The individuals referred to in Subsection (1) shall determine the portion of
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bonded indebtedness and other indebtedness of the transferor board for which the transferred
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property remains subject to the levy of taxes to pay a proportionate share of the outstanding
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indebtedness of the transferor board.
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(b) This is done by:
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(i) determining the amount of the outstanding bonded indebtedness and other
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indebtedness of the transferor board of education;
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(ii) determining the total taxable value of the property of the transferor district and the
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taxable value of the property to be transferred; and
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(iii) calculating the portion of the indebtedness of the transferor board for which the
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transferred portion retains liability.
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(4) (a) The agreement reflecting these determinations takes effect upon being filed with
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the State Board of Education.
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(b) The transferred property remains subject to the levy of taxes to pay a proportionate
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share of the outstanding indebtedness of the transferor school board.
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(c) The transferee school board may assume the obligation to pay the proportionate
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share of the transferor school board's indebtedness that has been determined under Subsection
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(3) to be the obligation of the transferred portion by the approval of a resolution by a majority
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of the qualified electors of the transferee school district at an election called and held for that
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purpose under Title 11, Chapter 14, Local Government Bonding Act.
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(5) If the transferee school district assumes the obligation to pay this proportionate
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share of the transferor school board's indebtedness, the transferee school board shall levy a tax
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in the whole of the transferee district, including the transferred portion, sufficient to pay the
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assumed indebtedness, and shall turn over the proceeds of the tax to the business administrator
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of the transferor board.
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(6) If the transferee school board does not assume this obligation, the transferee school
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board shall levy a tax on the transferred territory sufficient to pay the proportionate share of the
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indebtedness determined under this section, and shall turn over the proceeds of the tax to the
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business administrator of the transferor board.
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(7) For the purposes of school districts affected by repealed laws governing the
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annexation of an unincorporated area of a school district by a city which included what was
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formerly known as a city school district, transitions of unincorporated areas and property from
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the transferor district to the transferee district in progress on the effective date of this act shall
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revert to the boundaries and ownership prior to the initiation of annexation and may then
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proceed under this section and Section
53A-2-104
.
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Section 3.
Section
53A-2-118
is amended to read:
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53A-2-118. Creation of new school district by county legislative body -- Initiation
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of process -- Procedures to be followed.
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(1) A county legislative body may create a new school district from an existing school
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district within the geographical boundaries of the county.
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(2) (a) The process may be initiated:
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(i) through a citizens' initiative petition; [or]
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(ii) at the request of the board of the existing district or districts to be affected by the
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creation of the new district[.]; or
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(iii) at the request of a city within the boundaries of the school district or at the request
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of interlocal agreement participants, pursuant to Section
53A-2-118.1
.
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(b) (i) A petition submitted under Subsection (2)(a)(i) must be signed by qualified
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electors residing within the geographical boundaries of the proposed new school district equal
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in number to at least 15% of the number of electors in the area who voted for the office of
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governor at the last regular general election.
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(ii) A request or petition submitted under Subsection (2)(a) shall:
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(A) be filed with the county clerk;
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(B) indicate the typed or printed name and current residence address of each governing
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board member making a request, or registered voter signing a petition, as the case may be;
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(C) describe the proposed new school district boundaries; and
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(D) designate up to five signers of the petition or request as sponsors, one of whom
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shall be designated as the contact sponsor, with the mailing address and telephone number of
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each.
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(c) A signer of a petition under Subsection (2)(a)(i) may withdraw or, once withdrawn,
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reinstate the signer's signature at any time before the filing of the petition by filing a written
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withdrawal or reinstatement with the county clerk.
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[(c)] (d) The process under Subsection (2)(a)(i) may only be initiated once during any
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four-year period.
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[(d)] (e) A new district may not be formed pursuant to Subsection (2)(a) if the student
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population of the proposed new district is less than [5,000] 3,000 or the existing district's
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student population would be less than [5,000] 3,000 because of the creation of the new school
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district.
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(f) Within 45 days after the filing of a request or petition under Subsection (2)(a), the
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county clerk shall:
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(i) determine whether the request or petition complies with Subsections (2)(a), (b), (d),
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and (e), as applicable; and
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(ii) (A) if the county clerk determines that the request or petition complies with the
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applicable requirements:
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(I) certify the request or petition and deliver the certified request or petition to the
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county legislative body; and
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(II) mail or deliver written notification of the certification to the contact sponsor; or
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(B) if the county clerk determines that the request or petition fails to comply with any
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of the applicable requirements, reject the request or petition and notify the contact sponsor in
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writing of the rejection and reasons for the rejection.
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(g) If the county clerk fails to certify or reject a request or petition within 45 days after
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its filing, the petition shall be considered to be certified.
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(h) (i) If the county clerk rejects a request or petition, the request or petition may be
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amended to correct the deficiencies for which it was rejected and then refiled.
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(ii) Subsection (2)(d) does not apply to a request or petition that is amended and refiled
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after having been rejected by a county clerk.
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[(e)] (i) If a county legislative body receives a request from a school board under
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Subsection (2)(a)(ii) or a petition [to create a new district] under Subsection (2)(a)(i) which is
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certified by the county clerk on or before December 1:
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(i) the county legislative body shall appoint an ad hoc advisory committee, as provided
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by Subsection (3), on or before January 1;
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(ii) the ad hoc advisory committee shall submit its report and recommendations to the
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county legislative body, as provided by Subsection (3), on or before July 1; and
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(iii) if the county legislative body approves a proposal to create a new district, the
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proposal shall be submitted to the county clerk to be voted on by the electors of the existing
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district at the regular general or municipal general election held in November.
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(3) (a) The county legislative body shall appoint an ad hoc advisory committee to
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review and make recommendations on a request for the creation of a new school district
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submitted under Subsection (2)(a)(i) or (ii).
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(b) The advisory committee shall:
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(i) seek input from:
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(A) those requesting the creation of the new school district;
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(B) the school board and school personnel of the existing school district;
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(C) those citizens residing within the geographical boundaries of the existing school
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district;
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(D) the State Board of Education; and
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(E) other interested parties;
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(ii) review data and gather information on at least:
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(A) the financial viability of the proposed new school district;
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(B) the proposal's financial impact on the existing school district;
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(C) the exact placement of school district boundaries; and
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(D) the positive and negative effects of creating a new school district and whether the
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positive effects outweigh the negative if a new school district were to be created; and
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(iii) make a report to the county legislative body in a public meeting on the committee's
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activities, together with a recommendation on whether to create a new school district.
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(4) For a request or petition submitted under Subsection (2)(a)(i) or (2)(a)(ii):
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[(4)] (a) [The] the county legislative body shall provide for a 45-day public comment
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period on the report and recommendation to begin on the day the report is given under
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Subsection (3)(b)(iii).
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(b) Within 14 days after the end of the comment period, the county legislative body
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shall vote on the creation of the proposed new school district.
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(c) The proposal is approved if a majority of the members of the county legislative
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body votes in favor of the proposal.
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(d) If the proposal is approved, the county legislative body shall submit the proposal to
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the county clerk to be voted on:
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(i) by the [electors] legal voters of the existing school district;
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(ii) in accordance with Title 20A, Election Code; and
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(iii) at the next regular general election or municipal general election, whichever is
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first.
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(e) Creation of the new school district shall occur if a majority of the electors within
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both the proposed school district and the remaining school district voting on the proposal vote
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in favor of the creation of the new district.
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(f) The county legislative body shall provide notice of the action as required in Section
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53A-2-101.5
.
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[(5)] (g) If a proposal submitted under Subsection (2)(a)(i) or (ii) to create a new
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district is approved by the electors, the existing district's documented costs to study and
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implement the proposal shall be reimbursed by the new district.
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(5) (a) If a proposal submitted under Subsection (2)(a)(iii) is certified under Subsection
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(2)(f) or (g), the county legislative body shall submit the proposal to the county clerk to be
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voted on:
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(i) by the legal voters residing within the proposed new school district boundaries;
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(ii) in accordance with Title 20A, Election Code; and
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(iii) at the next regular general election or municipal general election, whichever is
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first.
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(b) Creation of the new school district shall occur if a majority of the legal voters
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within the proposed new school district boundaries voting on the proposal vote in favor of the
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creation of the new district.
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Section 4.
Section
53A-2-118.1
is enacted to read:
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53A-2-118.1. Option for school district creation.
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(1) After conducting a feasibility study, a city of the first or second class, as defined
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under Section
10-2-301
, may by majority vote of the legislative body, submit for voter approval
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a measure to create a new school district with boundaries contiguous with that city's
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boundaries, in accordance with Section
53A-2-118
.
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(2) (a) By majority vote of the legislative body, a city of any class, a town, or a county,
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may, together with one or more other cities, towns, or the county enter into an interlocal
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agreement, in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose
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of submitting for voter approval a measure to create a new school district.
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(b) In accordance with Section
53A-2-118
, interlocal agreement participants under
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Subsection (2)(a) may submit a proposal for voter approval if:
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(i) the interlocal agreement participants conduct a feasibility study prior to submitting
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the proposal to the county;
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(ii) the combined population within the proposed new school district boundaries meets
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the minimum population threshold for a city of the second class; and
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(iii) the new school district boundaries:
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(A) are contiguous;
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(B) do not completely surround or otherwise completely geographically isolate a
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portion of an existing school district that is not part of the proposed new school district from
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the remaining part of the existing school district;
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(C) include the entire boundaries of any participant city or town; and
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(D) do not cross county lines.
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(c) (i) A county may only participate in an interlocal agreement under this Subsection
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(2) for the unincorporated areas of the county.
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(ii) Boundaries of a new school district created under this section may include a portion
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of the unincorporated area of the county, including a portion of a township.
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(3) If a proposal under this section is approved by voters:
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(a) transfer of school district property and indebtedness to a newly created school
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district shall be handled in accordance with Sections
53A-2-120
and
53A-2-121
;
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(b) transferred employees shall be treated in accordance with Sections
53A-2-116
and
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53A-2-122
; and
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(c) within one year after creation of the new district, the superintendent of the
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previously existing district or districts affected and the superintendent of the new district shall
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meet, together with the Superintendent of Public Instruction, to determine if further boundary
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changes should be proposed in accordance with Section
53A-2-104
or Subsection
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53A-2-118
(2).
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Section 5.
Section
53A-2-122
is amended to read:
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53A-2-122. Employees of a new district.
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[An] (1) Upon the creation of a new district:
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(a) an employee of an existing district who is employed at a school that is transferred to
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the new district shall become an employee of the new district; and
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(b) the school board of the new district shall:
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(i) have discretion in the hiring of all other staff;
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(ii) adopt the personnel policies and practices of the existing district, including salary
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schedules and benefits; and
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(iii) enter into agreements with employees of the new district, or their representatives,
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that have the same terms as those in the negotiated agreements between the existing district and
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its employees.
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(2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new
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district is created who becomes an employee of the new district shall [receive the same
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considerations as are provided to transferred employees by Section
53A-2-116
and shall] retain
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the same status as a career or provisional employee with accrued seniority and accrued benefits.
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(b) Subsection (2)(a) applies to:
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(i) employees of an existing district who are transferred to a new district pursuant to
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Subsection (1)(a); and
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(ii) employees of a school district from which a new district is created who are hired by
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the new district within one year of the date of the creation of the new district.
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(3) An employee who is transferred to a new district pursuant to Subsection (1)(a) and
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is rehired by the existing district within one year of the date of the creation of the new district
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shall, when rehired by the existing district, retain the same status as a career or provisional
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employee with accrued seniority and accrued benefits.
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