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Committee advances bill letting voters refer certain school board decisions, exempts supermajority votes

February 19, 2025 | 2025 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Committee advances bill letting voters refer certain school board decisions, exempts supermajority votes
Representative Shipp introduced House Bill 408 to allow referendums on certain decisions made by local school boards when those decisions are adopted without a supermajority. The bill does not change the public vote process for bonds and does not apply to personnel matters, the sponsor and supporters said.

"School boards are the only legislative body in our state that is not subject to referendums," Representative Shipp said, arguing the measure gives voters a path to weigh in on controversial local board actions that split members. The bill adds school boards to the pool of elected bodies whose actions may be referred to voters, but exempts actions adopted by a supermajority (for example, four of five members or five of seven) from referendum.

Committee members raised concerns about policy stability, election timing for tax-related decisions and potential impacts on districts’ ability to meet state mandates. Todd Habra, business administrator for Granite School District, warned that timing could be a problem if a referendum targets a tax increase that must be certified by June 22 to meet notice timelines for July tax notices. Superintendent Ben Horsley (Granite School District) told the committee that implementing state-mandated programs (HB 84 was cited as a current example) could require tax increases that, if subject to referendum, might create conflicts with statutory timelines for implementing mandates.

Lexi Cunningham, representing USBA and USSA (school board associations), testified in opposition, saying frequent referendums could create policy instability, drain resources and complicate long-term planning. Weber County Clerk Auditors said clerks have no formal position but noted logistical coordination would be required and that clerks could provide or be contracted to provide election services.

During committee debate, members discussed narrow refinements such as limiting referendum applicability to tax matters or to certain categories of board decisions; the sponsor said he was open to future amendments and emphasized that the bill does not permit referendums on personnel matters.

Representative Pucci and several other committee members supported the measure as an application of consistent referendum rules across elected bodies. The committee voted to favorably recommend HB 408. The chair called a roll-call vote; the clerk recorded a majority in favor and the motion passed (tally: yes 7, no 3). The bill will proceed with a committee recommendation.

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