reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 3 - Local School Board Administrative Officers › Section 301 - Local superintendent of schools -- Appointment -- Qualifications -- Term -- Compensation.

Effective 5/8/2018
53G-4-301.
Local superintendent of schools -- Appointment -- Qualifications -- Term -- Compensation.
(1) Subject to Subsection (7), a local school board shall appoint a district superintendent of schools who serves as the local school board's chief executive officer.
(2) A local school board shall appoint the superintendent on the basis of outstanding professional qualifications.
(3)
(a) A superintendent's term of office is for two years and until, subject to Subsection (7), a successor is appointed and qualified.
(b) A local school board that appoints a superintendent in accordance with this section may not, on or after May 10, 2011, enter into an employment contract that contains an automatic renewal provision with the superintendent.
(4) Unless a vacancy occurs during an interim vacancy period subject to Subsection (7), if it becomes necessary to appoint an interim superintendent due to a vacancy in the office of superintendent, the local school board shall make an appointment during a public meeting for an indefinite term not to exceed one year, which term shall end upon the appointment and qualification of a new superintendent.
(5) A local school board shall set the superintendent's compensation for services.
(6) A superintendent qualifies for office by taking the constitutional oath of office.
(7)
(a) As used in this Subsection (7), "interim vacancy period" means the period of time that:
(i) begins on the day on which a general election described in Section 20A-1-202 is held to elect a member of a local school board; and
(ii) ends on the day on which the member-elect begins the member's term.
(b)
(i) The local school board may not appoint a superintendent during an interim vacancy period.
(ii) Notwithstanding Subsection (7)(b)(i):
(A) the local school board may appoint an interim superintendent during an interim vacancy period; and
(B) the interim superintendent's term shall expire once a new superintendent is appointed by the new local school board after the interim vacancy period has ended.
(c) Subsection (7)(b) does not apply if all the local school board members who held office on the day of the general election whose term of office was vacant for the election are re-elected to the local school board for the following term.
Renumbered and Amended by Chapter 3, 2018 General Session
Amended by Chapter 22, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 3 - Local School Board Administrative Officers › Section 302 - Business administrator -- Term -- Oath.

Effective 1/24/2018
53G-4-302.
Business administrator -- Term -- Oath.
(1) Subject to Subsection (5), a local school board shall appoint a business administrator.
(2)
(a) The business administrator's term of office is for two years and until, subject to Subsection (5), a successor is appointed and qualified.
(b) A local school board that appoints a business administrator in accordance with this section may not, on or after May 8, 2012, enter into an employment contract that contains an automatic renewal provision with the business administrator.
(3) Unless a vacancy occurs during an interim vacancy period subject to Subsection (5), if it becomes necessary to appoint an interim business manager due to a vacancy in the office of business administrator, then the local school board shall make an appointment during a public meeting for an indefinite term not to exceed one year, which term shall end upon the appointment and qualification of a new business manager.
(4) The business administrator qualifies for office by taking the constitutional oath of office.
(5)
(a) As used in this Subsection (5), "interim vacancy period" means the period of time that:
(i) begins on the day on which a general election described in Section 20A-1-202 is held to elect a member of a local school board; and
(ii) ends on the day on which the member-elect begins the member's term.
(b)
(i) A local school board may not appoint a business administrator during an interim vacancy period.
(ii) Notwithstanding Subsection (5)(b)(i):
(A) the local school board may appoint an interim business administrator during an interim vacancy period; and
(B) the interim business administrator's term shall expire once a new business administrator is appointed by the new local school board after the interim vacancy period has ended.
(c) Subsection (5)(b) does not apply if all the local school board members who held office on the day of the general election whose term of office was vacant for the election are reelected to the local school board for the following term.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 3 - Local School Board Administrative Officers › Section 303 - Duties of business administrator.

Effective 5/14/2019
53G-4-303.
Duties of business administrator.
Subject to the direction of the district superintendent of schools, the district's business administrator shall:
(1) attend all meetings of the local school board, keep an accurate record of its proceedings, and have custody of the seal and records;
(2) be custodian of all district funds, be responsible and accountable for all money received and disbursed, and keep accurate records of all revenues received and their sources;
(3) countersign with the president of the local school board all warrants and claims against the district as well as other legal documents approved by the local school board;
(4) prepare and submit to the local school board each month a written report of the district's receipts and expenditures;
(5) use uniform budgeting, accounting, and auditing procedures and forms approved by the state board, which shall be in accordance with generally accepted accounting principles or auditing standards and Title 63J, Chapter 1, Budgetary Procedures Act;
(6) prepare and submit to the local school board a detailed annual statement for the period ending June 30, of the revenue and expenditures, including beginning and ending fund balances;
(7) assist the superintendent in the preparation and submission of budget documents and statistical and fiscal reports required by law or the state board;
(8) insure that adequate internal controls are in place to safeguard the district's funds; and
(9) perform other duties as the superintendent may require.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 3 - Local School Board Administrative Officers › Section 304 - Other local school board officers.

Effective 5/14/2019
53G-4-304.
Other local school board officers.
(1) A local school board may appoint other necessary officers who serve at the pleasure of the local school board.
(2) These officers shall qualify by taking the constitutional oath of office before assuming office.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 401 - Local school boards are bodies corporate -- Seal -- Authority to sue -- Conveyance of property -- Duty to residents of the local school board member's district -- Establishment of public education foundation.

Effective 5/14/2019
53G-4-401.
Local school boards are bodies corporate -- Seal -- Authority to sue -- Conveyance of property -- Duty to residents of the local school board member's district -- Establishment of public education foundation.
(1) As used in this section, "body corporate" means a public corporation and legal subdivision of the state, vested with the powers and duties of a government entity as specified in this chapter.
(2) The local school board of a school district is a body corporate under the name of the "Board of Education of .......... School District" (inserting the proper name), and shall have an official seal conformable to its name.
(3) The seal is used by its business administrator in the authentication of all required matters.
(4) A local school board may sue and be sued, and may take, hold, lease, sell, and convey real and personal property as the interests of the schools may require.
(5) Notwithstanding a local school board's status as a body corporate, an elected member of a local school board serves and represents the residents of the local school board member's district, and that service and representation may not be restricted or impaired by the local school board member's membership on, or obligations to, the local school board.
(6) A local school board may establish a foundation in accordance with Section 53E-3-403.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 403 - School district fiscal year -- Statistical reports.

Effective 5/14/2019
53G-4-403.
School district fiscal year -- Statistical reports.
(1) A school district's fiscal year begins on July 1 and ends on June 30.
(2)
(a) A school district shall forward statistical reports for the preceding school year, containing items required by law or by the state board, to the state superintendent on or before November 1 of each year.
(b) The reports shall include information to enable the state superintendent to complete the statement of funds required under Section 53E-1-203.
(3) A school district shall forward the accounting report required under Section 51-2a-201 to the state superintendent on or before October 15 of each year.
Amended by Chapter 293, 2019 General Session
Amended by Chapter 324, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 404 - Annual financial report -- Audit report.

Effective 5/12/2020
53G-4-404.
Annual financial report -- Audit report.
(1)
(a) The annual financial report of each school district, containing items required by law or by the state board and attested to by independent auditors, shall be prepared as required by Section 51-2a-201.
(b) A school district shall use fund and program accounting methods and standardized account codes capable of producing financial reports that comply with:
(i) generally accepted accounting principles;
(ii) financial reporting requirements established by the state board under Section 53E-3-501; and
(iii) accounting report standards established by the state auditor as described in Section 51-2a-301.
(2) If auditors are employed under Section 51-2a-201, the auditors shall complete their field work in sufficient time to allow them to verify necessary audit adjustments included in the annual financial report to the state superintendent.
(3)
(a)
(i) The district shall forward the annual financial report to the state superintendent not later than October 1.
(ii) The report shall include information to enable the state superintendent to complete the statement of funds required under Section 53E-1-203.
(b) The state board shall publish electronically a copy of the report on the Internet not later than January 15.
(4) The completed audit report shall be delivered to the school district local school board and the state superintendent not later than November 30 of each year.
Amended by Chapter 192, 2020 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 405 - Approval of purchases or indebtedness -- Local school board approval of identified purchases.

Effective 5/14/2019
53G-4-405.
Approval of purchases or indebtedness -- Local school board approval of identified purchases.
(1) An officer or employee of a school district may not make a purchase or incur indebtedness on behalf of the district without the approval and order of the local school board.
(2) The local school board shall adopt one of the following approval methods, or a combination of the two:
(a) The local school board shall approve an appropriation for identified purchases in the district budget. Each purchase made under an identified purchase does not require additional local school board approval.
(b) The local school board shall approve individual purchases when made throughout the fiscal year.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 406 - Claims against the local school board -- Itemized.

Effective 5/14/2019
53G-4-406.
Claims against the local school board -- Itemized.
Except for salary which is regularly authorized by the local school board, the local school board may not hear or consider any claim against the local school board which is not itemized.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 407 - Tax exemption of school board property.

Effective 1/24/2018
53G-4-407.
Tax exemption of school board property.
(1) Real and personal property held by a local school board is exempt from general and special taxation and from local assessments.
(2) This property may not be taken in any manner for debt.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 408 - Residence not condition of employment.

Effective 1/24/2018
53G-4-408.
Residence not condition of employment.
A local school board may not require an employee to reside within its school district as a condition of employment.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 409 - Activity disclosure statements.

Effective 5/14/2019
53G-4-409.
Activity disclosure statements.
(1) A local school board shall require the development of activity disclosure statements for each school-sponsored group or program which involves students and faculty in grades 9 through 12 in contests, performances, events, or other activities that require them to miss normal class time or takes place outside regular school time.
(2) The activity disclosure statements shall be disseminated to the students desiring involvement in the specific activity or to the students' parents or to both students and their parents.
(3) An activity disclosure statement shall contain the following information:
(a) the specific name of the team, group, or activity;
(b) the maximum number of students involved;
(c) whether or not tryouts are used to select students, specifying date and time requirements for tryouts, if applicable;
(d) beginning and ending dates of the activity;
(e) a tentative schedule of the events, performances, games, or other activities with dates, times, and places specified if available;
(f) if applicable, designation of any nonseason events or activities, including an indication of the status, required, expected, suggested, or optional, with the dates, times, and places specified;
(g) personal costs associated with the activity;
(h) the name of the school employee responsible for the activity; and
(i) any additional information considered important for the students and parents to know.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 411 - Interlocal agreement for public education transportation services.

Effective 1/24/2018
53G-4-411.
Interlocal agreement for public education transportation services.
(1) In accordance with Title 11, Chapter 13, Interlocal Cooperation Act, at least two school districts may, for the purpose of coordinating public education transportation services:
(a) create an interlocal entity as defined in Section 11-13-103 if the school districts establish an interlocal entity governing board as described in Subsection (2); or
(b) enter into a joint or cooperative undertaking as described in Section 11-13-207 if the school districts establish a joint board as described in Subsection (2).
(2) A governing board described in Subsection (1)(a) or a joint board described in Subsection (1)(b) shall consist of:
(a) at least one elected member of a local school board from each school district that creates the interlocal entity or enters into the joint or cooperative undertaking; and
(b) only elected members of the local school boards of the school districts that create the interlocal entity or enter into the joint or cooperative undertaking.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 412 - Tribal regalia at high school graduation ceremonies.

Effective 5/4/2022
53G-4-412.
Tribal regalia at high school graduation ceremonies.
(1) As used in this section:
(a) "Graduation attire" means attire that an LEA requires a student to wear as part of the dress code for a graduation ceremony.
(b) "Graduation ceremony" means a high school graduation ceremony.
(c) "Qualifying student" means a student who is:
(i) enrolled as a member of a tribe; or
(ii) eligible to be enrolled as a member of a tribe.
(d)
(i) "Tribal regalia" means a tribe's:
(A) traditional dress; or
(B) recognized objects of religious or cultural significance.
(ii) "Tribal regalia" includes the following items of cultural significance:
(A) tribal symbols;
(B) beads; and
(C) feathers.
(e) "Tribe" means a tribe, band, nation, or Alaskan Native village that:
(i) federal law recognizes; or
(ii) a state formally acknowledges.
(2)
(a) A qualifying student may wear tribal regalia during a graduation ceremony.
(b) Wearing tribal regalia includes decorating graduation attire with tribal regalia.
(3) An LEA may not prohibit a qualifying student from wearing tribal regalia as described in Subsection (2).
(4) Nothing in this section shall be construed to limit an LEA's authority related to student expression under applicable federal and state law.
Enacted by Chapter 197, 2022 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 413 - Required provision of period products in schools.

Effective 5/4/2022
53G-4-413.
Required provision of period products in schools.
(1) As used in this section, "period products" means:
(a) tampons;
(b) sanitary napkins; or
(c) other similar products designed for hygiene in connection with the human menstrual cycle.
(2) Beginning July 1, 2022, an LEA shall:
(a) provide period products free of charge to students in each female or unisex restroom within an elementary, middle, junior, or high school or school facility which students use; and
(b) inform public school students of the availability of the period products as described in this section.
(3) To address the cost of the requirements of this section, an LEA shall:
(a) use funds that the Legislature appropriates specifically for the provision of period products; and
(b) incorporate the provision of period products into local ongoing capital operations and maintenance budgets no later than July 1, 2025.
(4) The state board shall:
(a) oversee the implementation of the requirements of this section; and
(b) monitor compliance with this section.
Enacted by Chapter 309, 2022 General Session
Technically renumbered to avoid duplication of enacted Section also enacted in HB 30, Chapter 197.
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 4 - Local School Board Powers and Miscellaneous Duties › Section 414 - Religious or cultural attire at school graduation ceremonies.

Effective 5/3/2023
53G-4-414.
Religious or cultural attire at school graduation ceremonies.
(1) As used in this section:
(a) "Adornment" means something that a student attaches to or wears with, but does not replace, graduation attire.
(b) "Cultural" means recognized practices and traditions of a certain group of people.
(c) "Graduation attire" means attire that an LEA requires a student to wear as part of the dress code for a graduation ceremony.
(d) "Graduation ceremony" means a high school graduation ceremony.
(2) A student may wear recognized items of cultural or religious significance as an adornment at a graduation ceremony.
(3)
(a) Notwithstanding Subsection (2), an LEA may prohibit a student from wearing an item of adornment that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony.
(b) Any prohibition imposed by an LEA on a student's item of cultural or religious significance worn as an adornment shall be by the least restrictive means necessary to accomplish a specifically identified compelling governmental interest.
(4) An individual may bring a violation of this section to the state board in accordance with the process described in Subsection 53E-3-401(8)(d).
(5) Nothing in this section limits an LEA's authority related to student expression under applicable federal and state law.
(6) Nothing in this section shall limit or impair the rights of a qualifying student under Section 53G-4-412 to wear tribal regalia to a graduation ceremony.
Enacted by Chapter 359, 2023 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 5 - Utah School Boards Association › Section 502 - Utah School Boards Association.

Effective 5/14/2019
53G-4-502.
Utah School Boards Association.
The Utah School Boards Association is recognized as an organization and agency of the local school boards of Utah and is representative of those local school boards.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 5 - Utah School Boards Association › Section 503 - Boards of education authorized to become members of association.

Effective 5/14/2019
53G-4-503.
Boards of education authorized to become members of association.
The state board, local school boards, and their agencies may become members of the Utah School Boards Association and cooperate with the association and its members on activities and problems relating to the state's educational system.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 5 - Utah School Boards Association › Section 504 - Payment of dues -- Expenses in attending meetings -- Contributions.

Effective 1/24/2018
53G-4-504.
Payment of dues -- Expenses in attending meetings -- Contributions.
(1) Member boards may pay dues and make other contributions to the association for its educational activities.
(2) They may also incur reasonable travel and subsistence expenses for the purpose of attending meetings and conferences of the association.
(3) Dues and contributions expenses shall be paid in the same manner as are other expenses of the member boards.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 6 - School District Indebtedness › Section 602 - School district tax anticipation notes.

Effective 5/14/2019
53G-4-602.
School district tax anticipation notes.
(1) A local school board may borrow money in anticipation of the collection of taxes or other revenue of the school district so long as it complies with Title 11, Chapter 14, Local Government Bonding Act.
(2) The local school board may incur indebtedness under this section for any purpose for which district funds may be expended, but not in excess of the estimated district revenues for the current school year.
(3) Revenues include all revenues of the district from the state or any other source.
(4) The district may incur the indebtedness prior to imposing or collecting the taxes or receiving the revenues. The indebtedness bears interest at the lowest obtainable rate or rates.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 6 - School District Indebtedness › Section 604 - Consolidated school district bonds.

Effective 5/14/2019
53G-4-604.
Consolidated school district bonds.
(1) A consolidated county school district may issue bonds, without an election, to fund, purchase, or redeem the district's outstanding indebtedness if the debt was incurred prior to consolidation and assumed by the consolidated school district.
(2) The legality, regularity, and validity of the outstanding indebtedness shall be determined in the same manner used to determine the validity of other bonds to be refunded by the local school board.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 6 - School District Indebtedness › Section 605 - Testing validity of bonds to be refunded -- Procedure.

Effective 5/14/2019
53G-4-605.
Testing validity of bonds to be refunded -- Procedure.
If considered advisable by the local school board, the validity of any bonds intended to be refunded may be determined in the following manner:
(1) The local school board shall:
(a) publish a notice describing with sufficient particularity for identification the bond or bonds intended to be refunded:
(i) once a week for two successive weeks in a newspaper published in the school district; and
(ii) as required in Section 45-1-101; and
(b) post a notice for two successive weeks in three public and conspicuous places describing with sufficient particularity for identification the bond or bonds intended to be refunded.
(2) The notice shall require any person objecting to the legality, regularity, or validity of the bonds, their issue or sale, or the indebtedness represented by the bonds, to appear before the local school board at a specified place within the district on a specified day and time.
(3) The time may not be less than 14 nor more than 60 days after the first publication or posting of the notice.
(4) The notice shall require the person to appear at the meeting with his objections in writing, duly verified.
(5) The local school board shall convene at the time and place specified in the notice and receive all objections as prescribed in Subsection (4).
(6) The objections shall be filed with and preserved by the local school board.
(7) If no written objections are presented at the time and place specified in the notice, the local school board shall so certify.
(8) All persons are then prohibited from questioning in any manner or proceeding the legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness represented by the bonds, and the local school board may then refund the bonds.
(9) Any person filing a written objection under Subsection (4) shall, within 20 days after the filing, commence appropriate legal proceedings against the local school board and others as may be proper parties, in the district court for the county in which the school district is situated, to challenge and determine the legality, regularity, and validity of the bond or bonds, their issue and sale, or the indebtedness represented by them.
(10) Failure to commence the proceedings within 20 days bars the person filing objections from questioning, in any manner or proceeding, the legality, regularity, or validity of the bond or bonds, their issue or sale, or the indebtedness represented by the bonds.
(11) Upon proof of failure to commence proceedings, by certificate of the clerk of the court, the local school board may refund the bonds.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 6 - School District Indebtedness › Section 606 - Sinking fund -- Investment.

Effective 5/14/2019
53G-4-606.
Sinking fund -- Investment.
(1) The money levied and collected to create a sinking fund for the redemption of bonds issued by a local school board shall be immediately credited to a special fund.
(2) After retaining an amount sufficient to pay the principal of the bonds maturing during the year, the local school board shall invest the fund and any surplus as provided under Title 51, Chapter 7, State Money Management Act.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 6 - School District Indebtedness › Section 607 - Bonds a lien on property -- Levy of tax to pay bonds.

Effective 1/24/2018
53G-4-607.
Bonds a lien on property -- Levy of tax to pay bonds.
(1) Bonds issued under this part are a lien upon the taxable property of the school district issuing them.
(2) If the local school board neglects or refuses to cause a tax to be levied in accordance with law to meet the outstanding bonds or the interest on the bonds, the county legislative body of the county in which the district is located shall levy the tax and apply the money collected to the payment of the bonds and the interest.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 6 - School District Indebtedness › Section 608 - Requirement to conduct seismic safety evaluations when issuing a bond.

Affected by 63I-1-253 on 1/1/2025
Effective 1/24/2018
53G-4-608.
Requirement to conduct seismic safety evaluations when issuing a bond.
(1) As used in this section:
(a) "Federal guidelines" means guidelines and procedures specified in "Rapid Visual Screening of Buildings for Potential Seismic Hazards: A Handbook, 2nd Edition" published by the United States Federal Emergency Management Agency.
(b) "Qualifying general obligation bond" means a bond:
(i) issued pursuant to Title 11, Chapter 14, Local Government Bonding Act; and
(ii) authorized by an election held on or after July 1, 2013.
(c) "Seismic safety evaluation" means a seismic safety rapid visual screening evaluated in accordance with federal guidelines or a more detailed seismic structural evaluation.
(2) If a school district issues a qualifying general obligation bond, the school district shall:
(a) except as provided in Subsection (4), conduct or update a seismic safety evaluation of each school district building:
(i) constructed before 1975; and
(ii) used by the school district as a school; and
(b) provide a copy of a seismic safety evaluation prepared under Subsection (2)(a) to the Utah Seismic Safety Commission created in Section 63C-6-101.
(3) A seismic safety evaluation conducted under Subsection (2) shall be conducted by a licensed structural engineer familiar with seismic codes.
(4) A school district is not required to conduct or update a seismic safety evaluation of a building as required in Subsection (2)(a) if:
(a) a seismic safety evaluation was performed on the building within the 25-year period before the school district issues the qualifying general obligation bond; and
(b) the school district provides a copy of the school district's seismic safety evaluation described in Subsection (4)(a) to the Utah Seismic Safety Commission.
(5) Creation of a seismic safety evaluation of a school, or a list of schools needing seismic upgrades, shall not be construed as expanding or changing the state's or a school district's common law duty of care for liability purposes.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 7 - Local School Board Building Reserve Fund › Section 702 - School board reserve fund.

Effective 1/24/2018
53G-4-702.
School board reserve fund.
Each local school board may establish and maintain a reserve fund to accumulate funds to meet the capital outlay costs of the school district, including costs for planning, constructing, replacing, improving, equipping, and furnishing school buildings and purchasing school sites.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 7 - Local School Board Building Reserve Fund › Section 703 - Revenues to be allocated to fund.

Effective 1/24/2018
53G-4-703.
Revenues to be allocated to fund.
A local school board may annually allocate to the fund any revenues from the state which are made available for capital outlay purposes, and not otherwise earmarked, and such other revenues as the school district may raise locally for this purpose.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 7 - Local School Board Building Reserve Fund › Section 704 - Building Reserve Fund -- Investment of fund.

Effective 1/24/2018
53G-4-704.
Building Reserve Fund -- Investment of fund.
(1) The fund shall be known as the Building Reserve Fund of _________ (name of school district) School District.
(2) Any interest or capital gains accrue to the benefit of the fund.
(3) The fund may only be invested as provided in Title 51, Chapter 7, State Money Management Act of 1974.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 7 - Local School Board Building Reserve Fund › Section 705 - Accumulations -- Expenditures from fund -- Public notice -- Transfer to other funds.

Effective 1/24/2018
53G-4-705.
Accumulations -- Expenditures from fund -- Public notice -- Transfer to other funds.
(1) The money in the fund shall accumulate from year to year.
(2) However, the local school board may make expenditures from the fund if public notice is given stating the purpose for which the expenditures are to be made.
(3) The procedure for giving public notice is set forth in Section 53G-7-303.
(4) Expenditures shall be made for capital outlay costs only.
(5) Money in the fund at the end of the year shall remain intact and may not be transferred to any other fund or used for any other purpose.
Renumbered and Amended by Chapter 3, 2018 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 8 - School District Bond Guaranty › Section 801 - Definitions.

Effective 5/14/2019
53G-4-801.
Definitions.
(1) "Bond" means any general obligation bond or refunding bond issued after the effective date of this part.
(2) "Default avoidance program" means the school bond guaranty program established by this part.
(3) "General obligation bond" means any bond, note, warrant, certificate of indebtedness, or other obligation of a local school board payable in whole or in part from revenues derived from ad valorem taxes and that constitutes an indebtedness within the meaning of any applicable constitutional or statutory debt limitation.
(4) "Paying agent" means the corporate paying agent selected by the local school board for a bond issue who is:
(a) duly qualified; and
(b) acceptable to the state treasurer.
(5) "Permanent school fund" means the state school fund described in the Utah Constitution, Article X, Section 5(1).
(6) "Refunding bond" means any general obligation bond issued by a local school board for the purpose of refunding its outstanding general obligation bonds.
(7) "School district" means any school district existing now or later under the laws of the state.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 8 - School District Bond Guaranty › Section 802 - Contract with bondholders -- Full faith and credit of state is pledged -- Limitation as to certain refunded bonds.

Effective 5/14/2019
53G-4-802.
Contract with bondholders -- Full faith and credit of state is pledged -- Limitation as to certain refunded bonds.
(1)
(a) The state of Utah pledges to and agrees with the holders of any bonds that the state will not alter, impair, or limit the rights vested by the default avoidance program with respect to the bonds until the bonds, together with applicable interest, are fully paid and discharged.
(b) Notwithstanding Subsection (1)(a), nothing contained in this part precludes an alteration, impairment, or limitation if adequate provision is made by law for the protection of the holders of the bonds.
(c) Each local school board may refer to this pledge and undertaking by the state in its bonds.
(2)
(a) The full faith and credit and unlimited taxing power of the state is pledged to guarantee full and timely payment of the principal of (either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, bonds as such payments shall become due (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default of otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration).
(b) This guaranty does not extend to the payment of any redemption premium.
(c) Reference to this part by its title on the face of any bond conclusively establishes the guaranty provided to that bond under provisions of this part.
(3)
(a) Any bond guaranteed under this part that is refunded and considered paid for the purposes of and within the meaning of Subsection 11-27-3(6), no longer has the benefit of the guaranty provided by this part from and after the date on which that bond was considered to be paid.
(b) Any refunding bond issued by a local school board that is itself secured by government obligations until the proceeds are applied to pay refunded bonds, as provided in Title 11, Chapter 27, Utah Refunding Bond Act, is not guaranteed under the provisions of this part, until the refunding bonds cease to be secured by government obligations as provided in Title 11, Chapter 27, Utah Refunding Bond Act.
(4) Only validly issued bonds issued after the effective date of this part are guaranteed under this part.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 8 - School District Bond Guaranty › Section 803 - Program eligibility -- Option to forego guaranty.

Effective 5/14/2019
53G-4-803.
Program eligibility -- Option to forego guaranty.
(1)
(a) Any local school board may request that the state treasurer issue a certificate evidencing eligibility for the state's guaranty under this part.
(b) After reviewing the request, if the state treasurer determines that the local school board is eligible, the state treasurer shall promptly issue the certificate and provide it to the requesting local school board.
(c)
(i) The local school board receiving the certificate and all other persons may rely on the certificate as evidencing eligibility for the guaranty for one year from and after the date of the certificate, without making further inquiry of the state treasurer during that year.
(ii) The certificate of eligibility is valid for one year even if the state treasurer later determines that the local school board is ineligible.
(2) Any local school board that chooses to forego the benefits of the guaranty provided by this part for a particular issue of bonds may do so by not referring to this part on the face of its bonds.
(3) Any local school board that has bonds, the principal of or interest on which has been paid, in whole or in part, by the state under this part may not issue any additional bonds guaranteed by this act until:
(a) all payment obligations of the local school board to the state under the default avoidance program are satisfied; and
(b) the state treasurer and the state superintendent each certify in writing, to be kept on file by the state treasurer and the state superintendent, that the local school board is fiscally solvent.
(4) Bonds not guaranteed by this part are not included in the definition of "bonds" in Section 53G-4-802 as used generally in this part and are not subject to the requirements of and do not receive the benefits of this part.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 8 - School District Bond Guaranty › Section 804 - Fiscal solvency of school districts -- Duties of state treasurer and attorney general.

Effective 5/14/2019
53G-4-804.
Fiscal solvency of school districts -- Duties of state treasurer and attorney general.
(1) The state superintendent shall:
(a) monitor the financial affairs and condition of each local school board in the state to evaluate each local school board's financial solvency; and
(b) report immediately to the governor and state treasurer any circumstances suggesting that a school district will be unable to timely meet its debt service obligations and recommend a course of remedial action.
(2)
(a) The state treasurer shall determine whether the financial affairs and condition of a local school board are such that it would be imprudent for the state to guarantee the bonds of that local school board.
(b) If the state treasurer determines that the state should not guarantee the bonds of that local school board, the state treasurer shall:
(i) prepare a determination of ineligibility; and
(ii) keep it on file in the office of the state treasurer.
(c) The state treasurer may remove a local school board from the status of ineligibility when a subsequent report or other information made available to the state treasurer evidences that it is no longer imprudent for the state to guarantee the bonds of that local school board.
(3) Nothing in this section affects the state's guaranty of bonds of a local school board issued:
(a) before determination of ineligibility;
(b) after the eligibility of the local school board is restored; or
(c) under a certificate of eligibility issued under Section 53G-4-803.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 8 - School District Bond Guaranty › Section 805 - Business administrator duties -- Paying agent to provide notice -- State treasurer to execute transfer to paying agents -- Effect of transfer.

Effective 5/14/2019
53G-4-805.
Business administrator duties -- Paying agent to provide notice -- State treasurer to execute transfer to paying agents -- Effect of transfer.
(1)
(a) The business administrator of each local school board with outstanding, unpaid bonds shall transfer money sufficient for the scheduled debt service payment to its paying agent at least 15 days before any principal or interest payment date for the bonds.
(b) The paying agent may, if instructed to do so by the business administrator, invest the money at the risk and for the benefit of the local school board until the payment date.
(c) A business administrator who is unable to transfer the scheduled debt service payment to the paying agent 15 days before the payment date shall immediately notify the paying agent and the state treasurer by:
(i) telephone;
(ii) a writing sent by facsimile transmission; and
(iii) a writing sent by first-class United States mail.
(2) If sufficient funds are not transferred to the paying agent as required by Subsection (1), the paying agent shall notify the state treasurer of that failure in writing at least 10 days before the scheduled debt service payment date by:
(a) telephone;
(b) a writing sent by facsimile transmission; and
(c) a writing sent by first-class United States mail.
(3)
(a) If sufficient money to pay the scheduled debt service payment has not been transferred to the paying agent, the state treasurer shall, on or before the scheduled payment date, transfer sufficient money to the paying agent to make the scheduled debt service payment.
(b) The payment by the treasurer:
(i) discharges the obligation of the issuing local school board to its bondholders for the payment; and
(ii) transfers the rights represented by the general obligation of the local school board from the bondholders to the state.
(c) The local school board shall pay the transferred obligation to the state as provided in this part.
Amended by Chapter 293, 2019 General Session
2023 Utah Code › Title 53G - Public Education System -- Local Administration › Chapter 4 - School Districts › Part 8 - School District Bond Guaranty › Section 808 - Unlimited ad valorem tax as pledge of full faith and credit -- State Tax Commission duties -- Property tax abated.

Effective 1/24/2018
53G-4-808.
Unlimited ad valorem tax as pledge of full faith and credit -- State Tax Commission duties -- Property tax abated.
(1)
(a) In each year after the issuance of general obligation notes under this part and until all outstanding notes are retired, there is levied a direct annual tax on all real and personal property within the state subject to state taxation, sufficient to pay all principal of and interest on the general obligation notes as they become due.
(b) If money expected to be intercepted under Section 53G-4-806 is expected to be insufficient to reimburse the state for its payments of school districts' scheduled debt service payments or if it is necessary for the state treasurer to borrow as provided in Section 53G-4-807 and amounts to be intercepted under Section 53G-4-806 are expected to be insufficient to timely pay the general obligation notes issued or other borrowing undertaken under that section, the state treasurer shall certify to and give notice to the state tax commission of the amount of the deficiency.
(c) After receipt of that certified notice from the state treasurer, the state tax commission shall:
(i) immediately fix the tax rate necessary and levy direct ad valorem property tax on all real and personal property in the state subject to state taxation sufficient to provide money in the amount of the deficiency stated in the notice; and
(ii) require that the tax be collected and remitted as soon as may be in the ordinary course of ad valorem tax levy and collection.
(2) To the extent that other legally available revenues and funds of the state are sufficient to meet the certified deficiency, the property tax for this purpose is abated.
Renumbered and Amended by Chapter 3, 2018 General Session