Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 126 (2020GS)

Sponsor

Sen. Weiler, T.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• extends the length of time a local school board has to fill a midterm vacancy on the local school board if the midterm vacancy is due to the death of a local school board member; and
• makes technical changes.

Every vote on this bill

Bill text

SCHOOL BOARD VACANCY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
Joel K. Briscoe
LONG TITLE
General Description:
This bill amends provisions related to filling a midterm vacancy on a local school
board.
Highlighted Provisions:
This bill:
▸ extends the length of time a local school board has to fill a midterm vacancy on the
local school board if the midterm vacancy is due to the death of a local school board
member; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-511
, as last amended by Laws of Utah 2019, Chapter 255
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-511
 is amended to read:
20A-1-511.
Midterm vacancy on a local school board.
(1) (a) A local school board shall fill [
vacancies
] 
a vacancy
 on the 
local school
 board
by appointment, except as otherwise provided in [
Subsection (2)
] 
Subsections (1)(b) and (2)
.
(b) [
If the board fails to make an appointment within 30 days after a vacancy occurs,
the
] 
The
 county legislative body, or municipal legislative body in a city district, shall fill [
the
vacancy by appointment.
] 
a vacancy on a local school board by appointment if the local school
board fails to make an appointment to fill the vacancy:
(i) except as provided in Subsection (1)(b)(ii), within 30 days after a vacancy occurs on
the local school board; or
(ii) within 45 days after a vacancy occurs on the local school board due to the death of
a local school board member.
(c) A member appointed and qualified under this Subsection (1) shall serve until a
successor is elected or appointed and qualified.
(2) (a) A vacancy on the board shall be filled by an interim appointment, followed by
an election to fill a two-year term if:
(i) the vacancy on the board occurs, or a letter of resignation is received by the board,
at least 14 days before the deadline for filing a declaration of candidacy; and
(ii) two years of the vacated term will remain after the first Monday of January
following the next school board election.
(b) [
Members
] 
A member
 elected under this Subsection (2) shall serve for the
remaining two years of the vacated term and until a successor is elected and qualified.
(3) Before appointing an individual to fill a vacancy under this section, the local school
board shall:
(a) give public notice of the vacancy at least two weeks before the local school board
meets to fill the vacancy;
(b) identify, in the 
public
 notice:
(i) the date, time, and place of the meeting where the vacancy will be filled; and
(ii) the person to whom and the date and time before which an individual interested in
being appointed to fill the vacancy may submit the individual's name for consideration; and
(c) in an open meeting, interview each individual whose name is submitted for
consideration and who meets the qualifications for office, regarding the individual's
qualifications.
(4) (a) Subject to Subsection (4)(b), a local school board may appoint an individual to
fill a vacancy described in Subsection (1) or (2) before the vacancy occurs if a member of the
local school board submits a letter of resignation.
(b) An individual appointed under Subsection (4)(a) may not take office until on or
after the day on which the vacancy occurs for which the individual is appointed.
(c) A member of a local school board who submits a letter of resignation under
Subsection (4)(a) may not rescind the resignation after the local school board makes an
appointment to fill the vacancy created by the resignation.