Section 53G-3-301.4 - Creation of a new school district - By interlocal agreement participants - Procedures to follow(1)(a) On or after April 30, 2024, interlocal agreement participants may file a request proposing the creation of a new school district in accordance with this section and Section 53G-3-301.(b) A municipality may not: (i) enter into more than one interlocal agreement for the purpose of submitting for voter approval, in the same election, a proposal to create a new school district under this part; or(ii) participate in a request under this section and submit a request under Section 53G-3-301.3 for the same election.(c) A municipality may not withdraw from an interlocal agreement under this part, unless, before August 1 of the year in which the interlocal agreement participants file the request under Subsection (1)(a): (i) the municipality votes, via the legislative body of the municipality, to withdraw from the interlocal agreement; and(ii) a majority of all municipalities that are participants in the interlocal agreement vote to withdraw from the interlocal agreement, via a separate vote of the legislative body of each municipality.(d) If a majority of all municipalities that are participants in the interlocal agreement vote to withdraw from the interlocal agreement under Subsection (1)(a), the request is void and the interlocal agreement participants may not participate in a new or a revised request until the following year.(2)(a) Except as provided in Subsection (3), by a majority vote of each legislative body, the legislative body of a municipality, together with at least one other municipality, may enter into an interlocal agreement in accordance with Title 11, Chapter 13, Interlocal Cooperation Act, for the purpose of submitting for voter approval a measure to create a new school district if the new school district boundaries comply with the requirements of Section 53G-3-301.(b) A county may only participate in an interlocal agreement under this Subsection (2) for the unincorporated areas of the county.(c) Boundaries of a new school district created under this section may include: (i) a portion of one or more existing school districts; and(ii) a portion of the unincorporated area of a county.(3)(a) As used in this Subsection (3), "municipality's school district" means the school district that includes all of the municipality in which the isolated area is located except the isolated area, as that term is defined in Section 53G-3-102.(b) Notwithstanding Subsection 53G-3-301(3), a municipality may be a participant in an interlocal agreement under Subsection (2)(a) with respect to some but not all of the area within the municipality's boundaries if:(i) the portion of the municipality proposed to be included in the new school district would, if not included, become an isolated area upon the creation of the new school district; or(ii)(A) the portion of the municipality proposed to be included in the new school district is within the boundaries of the same school district that includes the other interlocal agreement participants; and(B) the portion of the municipality proposed to be excluded from the new school district is within the boundaries of a school district other than the school district that includes the other interlocal agreement participants.(c)(i) Notwithstanding Subsection 53G-3-301(3), interlocal agreement participants may submit a proposal to the legal voters residing within the proposed new school district boundaries to create a new school district in accordance with an interlocal agreement under Subsection (2)(a), even though the new school district boundaries would create an isolated area, as that term is defined in Section 53G-3-102, if: (A) the potential isolated area is contiguous to one or more of the interlocal agreement participants;(B) the interlocal participants submit a written request to the municipality in which the potential isolated area is located, requesting the municipality to enter into an interlocal agreement under Subsection (2)(a) that proposes to submit for voter approval a proposal to create a new school district that includes the potential isolated area; and(C) the municipality, to which the interlocal agreement participants submitted a request under Subsection (3)(c)(i)(B), did not respond to the written request within 30 days after the day on which the request was submitted.(ii) Each municipality receiving a request under Subsection (3)(c)(i) shall hold at least two public hearings to allow input from the public and affected school districts regarding whether the municipality should enter into an interlocal agreement with respect to the potential isolated area.(iii) A municipal legislative body approves a proposal to enter into an interlocal agreement with respect to the potential isolated area if a majority of the municipal legislative body votes in favor of the proposal.(d)(i) The isolated area described in this Subsection (3) shall, on July 1 of the second calendar year following the local school board general election date described in Section 53G-3-302, become part of the municipality's school district.(ii) The divided district shall continue to provide educational services to the isolated area until July 1 of the second calendar year following the local school board general election date described in Section 53G-3-302.(4)(a) Interlocal agreement participants shall file a request described in Subsection (1) with the clerk of each county in which any part of the proposed new school district is located.(b) The filing interlocal agreement participants shall ensure that the request described in Subsection (4)(a):(i) indicates the typed or printed and current residence address of each governing board member making a request;(ii) describes the proposed new school district boundaries; and(iii) designates up to five signers of the request as sponsors, including as the contact sponsor, with the mailing address and telephone number of each.(5) Within five business days after the day on which a request described in Subsection (4)(a) is filed, the clerk of each county with which the request is filed shall: (a) determine whether the request complies with this section and Section 53G-3-301; and(b)(i) if the county clerk determines that the request complies with the applicable requirements:(A) certify the request and deliver the certified request to the legislative bodies of the interlocal agreement participants; and(B) mail or deliver written notification of the certification to the contact sponsor; or(ii) if the county clerk determines that the request fails to comply with any of the applicable requirements, reject the request and notify the contact sponsor in writing of the rejection and reasons for the rejection.(6)(a) If the county clerk fails to certify or reject a request within the time specified in Subsection (5), the request is considered to be certified.(b) If the county clerk rejects a request, the interlocal agreement participants that submitted the request may amend the request to correct the deficiencies for which the county clerk rejected the request, and refile the request.(7)(a) Within 30 days after the day on which the contact sponsor receives certification as described in Subsection (5) or (6), the contact sponsor shall request that the Legislative Audit Subcommittee consider prioritizing a feasibility study, as that term is defined in Section 53G-3-102.(b) For the year 2024, the interlocal agreement participants may use a feasibility study that interlocal agreement participants conducted before July 1, 2024, if: (i) the feasibility study contains the determinations described in Section 53G-3-102; and(ii) the legislative bodies of the interlocal agreement participants receive a report and recommendation regarding the feasibility study in a public meeting.(8)(a) The legislative bodies of the interlocal agreement participants shall: (i) provide for a 30-day public comment period to begin:(A) on the day on which the legislative bodies of the interlocal agreement participants receive the report under Subsection (7); or(B) on July 1, 2024, if the municipal legislative body uses a feasibility study described in Subsection (7)(b), regardless of whether the municipal legislative body provided all or a portion of a public comment period in relation to the feasibility study before July 1, 2024; and(ii) except as provided in Subsection (8)(d), hold at least two public hearings, as defined in Section 10-9a-103, on the study and recommendation.(b) Within 14 days after the day on which the public comment period ends, the legislative bodies of the interlocal agreement participants shall vote on the creation of the proposed new school district.(c) The interlocal agreement participants approve a proposal if a majority of each of the legislative bodies of the interlocal agreement participants' members vote in favor of the proposal.(d) If the municipal legislative body uses a feasibility study described in Subsection (7)(b), the number of public hearings required under Subsection (8)(a)(ii) is reduced by the number of public hearings the municipal legislative body held on the feasibility study before July 1, 2024.(9) Within five business days after the day on which the interlocal agreement participants approve a request proposing the creation of a new school district, the interlocal agreement participants shall notify the legislative body and the county clerk of each county described in Subsection (4)(a).(10)(a) The county clerks of the counties described in Subsection (4)(a) shall submit the proposal for the creation of a new school district to all legal voters residing within the proposed new school district boundaries for approval or rejection at the next regular general election that is at least 65 days after the day on which the interlocal agreement participants comply with Subsection (9).(b) The new school district described in the request and the reorganized new school district are created if a majority of the voters in the proposed new school district boundaries vote in favor of creating the new school district.(11) Nothing in this section prevents an interlocal agreement participant from assisting the new school district or reorganized new school district, including by: (a) entering into a loan agreement with the new school district or reorganized new school district; or(b) assisting the new school district or reorganized new school district in securing a line of credit.Amended by Chapter 3, 2024SP3 General Session ,§ 17, eff. 6/21/2024, retrospective operation to May 2, 2024.Added by Chapter 526, 2024 General Session ,§ 10, eff. 5/1/2024.