2nd Sub.
H.B.
109
PUBLIC EDUCATION CAPITAL FUNDING EQUALIZATION
House Floor
Amendments
Amendment 2 March 5, 2014 8:30 PM
Representative Bradley G. Last
proposes the following amendments:
1. Page
1, Lines 14 through 17
:
14
Capital Outlay Account;
and
15
{
. requires a portion of unexpended balances in certain programs of the Minimum
16
School Program at the end of a fiscal year to be deposited in the Capital Outlay
17
Account; and
}
2. Page
2, Line 27
:
27
{
53A-17a-105
, as last amended by Laws of Utah 2013, Chapter 310
}
3. Page
2, Line 33 through Page 3, Line 84
:
33
{
Section 1.
Section
53A-17a-105
is amended to read:
34
53A-17a-105. Powers and duties of State Board of Education to adjust Minimum
35
School Program allocations.
36
(1) Except as provided in Subsection (2) or (4), if the number of weighted pupil units
37
in a program is underestimated, the State Board of Education shall reduce the value of the
38
weighted pupil unit in that program so that the total amount paid for the program does not
39
exceed the amount appropriated for the program.
40
(2) If the number of weighted pupil units in a program is overestimated, the State
41
Board of Education shall spend excess money appropriated for the following purposes giving
42
priority to the purpose described in Subsection (2)(a):
43
(a) to support the value of the weighted pupil unit in a program within the basic
44
state-supported school program in which the number of weighted pupil units is underestimated;
45
(b) to support the state guarantee per weighted pupil unit provided under the voted
46
local levy program established in Section
53A-17a-133
or the board local levy program
47
established in Section
53A-17a-164
, if:
48
(i) local contributions to the voted local levy program or board local levy program are
49
overestimated; or
50
(ii) the number of weighted pupil units within school districts qualifying for a
51
guarantee is underestimated;
52
(c) to support the state supplement to local property taxes allocated to charter schools,
53
if the state supplement is less than the amount prescribed by Subsection
53A-1a-513
(4); or
54
(d) to support a school district with a loss in student enrollment as provided in Section
55
53A-17a-139
.
56
(3) If local contributions from the minimum basic tax rate imposed under Section
57
53A-17a-135
are overestimated, the State Board of Education shall reduce the value of the
58
weighted pupil unit for all programs within the basic state-supported school program so the
59
total state contribution to the basic state-supported school program does not exceed the amount
60
of state funds appropriated.
61
(4) If local contributions from the minimum basic tax rate imposed under Section
62
53A-17a-135
are underestimated, the State Board of Education shall:
63
(a) spend the excess local contributions for the purposes specified in Subsection (2),
64
giving priority to supporting the value of the weighted pupil unit in programs within the basic
65
state-supported school program in which the number of weighted pupil units is underestimated;
66
and
67
(b) reduce the state contribution to the basic state-supported school program so the
68
total cost of the basic state-supported school program does not exceed the total state and local
69
funds appropriated to the basic state-supported school program plus the local contributions
70
necessary to support the value of the weighted pupil unit in programs within the basic
71
state-supported school program in which the number of weighted pupil units is underestimated.
72
(5) Except as provided in Subsection (2) or (4), the State Board of Education shall
73
reduce the guarantee per weighted pupil unit provided under the voted local levy program
74
established in Section
53A-17a-133
or board local levy program established in Section
75
53A-17a-164
, if:
76
(a) local contributions to the voted local levy program or board local levy program are
77
overestimated; or
78
(b) the number of weighted pupil units within school districts qualifying for a
79
guarantee is underestimated.
80
(6) [Money] Except as provided in Subsection
53A-21-602
(4), money appropriated to
81
the State Board of Education is nonlapsing.
82
(7) The State Board of Education shall report actions taken by the board under this
83
section to the Office of the Legislative Fiscal Analyst and the Governor's Office of
84
Management and Budget.
}
4. Page
4, Lines 101 through 109
:
101
(2) The Capital Outlay Account consists of:
102
(a) an Education Fund revenue surplus transferred to the account pursuant to
103
Subsection (3);
and
104
{
(b) unexpended balances in the following programs within the Minimum School
105
Program at the end of a fiscal year that are transferred to the account pursuant to Subsection
106
(4):
107
(i) the Basic Program; and
108
(ii) the Related to Basic Programs; and
109
(c)
}
(b)
interest on account funds.
5. Page
4, Lines 110 through 117
:
110
(3) The Division of Finance shall transfer the Education Fund revenue surplus balance,
111
up to a maximum of
{
$75,000,000
}
$15,000,000
annually, to the Capital Outlay Account.
112
{
(4) The Division of Finance shall transfer to the Capital Outlay Account 33% of the
113
unexpended balance in each of the following programs within the Minimum School Program at
114
the end of a fiscal year:
115
(a) the Basic Program; and
116
(b) the Related to Basic Programs.
117
(5)
}
(4)
Notwithstanding Subsection (3), if, at the end of a fiscal year, the Division of
6. Page
5, Lines 121 through 128
:
121
{
(6)
}
(5)
Upon the appropriation of money from the Capital Outlay Account to the State
122
Board of Education, the State Board of Education shall:
123
(a) (i) allocate
{
75%
}
50%
of the money to the Capital Outlay Enrollment Growth Program;
124
and
125
(ii) distribute the money to school districts in accordance with Section
53A-21-302
;
126
and
127
(b) (i) allocate
{
25%
}
50%
of the money to the Capital Outlay Foundation Program; and
128
(ii) distribute the money to school districts in accordance with Section
53A-21-202
.