House approves bill letting voters petition narrow school-board levies, 42–28

The Utah House adopted House Bill 173 on Feb. 14, 2024, a measure that would allow voters to file petitions to refer certain discretionary local school district levies to a ballot. Representative Perucci, sponsor of the bill, said the measure responds to a legal gap identified in a Utah Supreme Court decision and is narrowly tailored to discretionary levies, excluding debt, basic levies and other statutorily-mandated charges.

Representative Cobb, a cosponsor, emphasized the narrow applicability and the high signature threshold — starting at 10% of active voters and increasing in some areas — and said the 45-day window and high signature requirement would make referendums rare. Sponsors said the mechanism is designed as a check on local boards in exceptional circumstances.

Opponents included Representative Carol Moss, who warned the bill could undermine locally elected school boards and said it might negatively affect bond ratings and the ability of districts to plan budgets. Representative Judkins and others argued that school funding is tightly constrained and that opening levies to referendum could shift costs to the state.

Representatives debated contractual and statutory implications; sponsors and cosponsors said the bill is tailored to avoid interference with mandatory statutory obligations and existing contracts by applying only to new discretionary levies and within a short referendum window. After extended floor debate, the House approved HB 173 by a roll-call vote of 42–28. The bill will be transmitted to the Senate for consideration.

What happens next: HB 173 moves to the Senate. Sponsors and opponents recommended follow-up coordination with school finance officials to confirm which levies are subject to the referendum process and to monitor any interaction with state-local funding formulas.