H.B. 158

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TRANSPORTATION OF STUDENTS BY
2 SCHOOL DISTRICTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Keele Johnson
6 Gerry A. Adair
7 Sheryl L. Allen
8 Ron Bigelow
9 Judy Ann Buffmire
10 Marda Dillree
11 Beverly Ann Evans
Lloyd W. Frandsen
Kevin S. Garn
J. Brent Haymond
Neal B. Hendrickson
Susan J. Koehn
Patricia B. Larson
Nora B. Stephens
Jordan Tanner
A. Lamont Tyler
Bill Wright

12 AN ACT RELATING TO PUBLIC EDUCATION; INCREASING THE TAX RATE A LOCAL
13 SCHOOL BOARD MAY LEVY FOR TRANSPORTING STUDENTS; PROVIDING FOR A
14 STATE GUARANTEE NOT TO EXCEED 85% OF THE STATE AVERAGE COST PER
15 MILE; AND PROVIDING AN EFFECTIVE DATE.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 53A-17a-127, as last amended by Chapter 306, Laws of Utah 1993
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 53A-17a-127 is amended to read:
21 53A-17a-127. Eligibility for state-supported transportation -- Approved bus routes
22 -- Additional local tax.
23 (1) A student eligible for state-supported transportation means:
24 (a) a student enrolled in kindergarten through grade six who lives 1-1/2 miles or more
25 from school;
26 (b) a student enrolled in grades seven through 12 who lives two or more miles from
27 school; and
28 (c) a student enrolled in a special program offered by a school district and approved by the

1 State Board of Education for trainable, motor, multiple-disabled, or other students with severe
2 disabilities who are incapable of walking to school or where it is unsafe for students to walk
3 because of their handicapping condition, without reference to distance from school.
4 (2) If a school district implements double sessions as an alternative to new building
5 construction, with the approval of the State Board of Education, those affected elementary school
6 students residing less than 1-1/2 miles from school may be transported one way to or from school
7 because of safety factors relating to darkness or other hazardous conditions as determined by the
8 local school board.
9 (3) (a) [Transportation] The State Office of Education shall distribute transportation
10 monies [shall be distributed] to school districts based on three factors:
11 (i) an allowance per mile for approved bus routes;
12 (ii) an allowance per hour for approved bus routes; and
13 (iii) an annual allowance for equipment and overhead costs based on approved bus routes
14 and the age of the equipment.
15 (b) In order for a bus to be considered for the equipment allowance, it must meet federal
16 and state regulations and standards for school buses.
17 (c) The State Office of Education shall annually review the allowance per mile, the
18 allowance per hour, and the annual equipment and overhead allowance [shall be reviewed annually
19 by the State Office of Education] and [adjusted] adjust the allowance to reflect current economic
20 conditions.
21 (4) (a) Approved bus routes for funding purposes shall be determined on fall data collected
22 by October 1.
23 (b) Approved route funding shall be determined on the basis of the most efficient and
24 economic routes.
25 (5) A Transportation Advisory Committee with representation from local school
26 superintendents, business officials, school district transportation supervisors, and the State Office
27 of Education shall serve as a review committee for addressing school transportation needs,
28 including recommended approved bus routes.
29 (6) (a) A local school board may provide for the transportation of students who are not
30 eligible under Subsection (1), regardless of the distance from school, from:
31 [(a)] (i) general funds of the district; and

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1 [(b)] (ii) a tax rate not to exceed [.0002] .0003 per dollar of taxable value imposed on the
2 district.
3 [(7)] (b) Revenue from the tax may also be used to pay for transporting participating
4 students to interscholastic activities, night activities, and educational field trips approved by the
5 local school board and for the replacement of school buses.
6 (c) (i) If a local school board levies a tax under Subsection (6)(a)(ii) of at least .0002, the
7 state shall contribute an amount not to exceed 85% of the state average cost per mile, based on
8 legislative appropriation.
9 (ii) The State Office of Education shall distribute the state contribution according to rules
10 enacted by the State Board of Education.
11 (d) (i) The amount of state guarantee money to which a school district would otherwise
12 be entitled to under Subsection (6)(c) may not be reduced for the sole reason that the district's levy
13 is reduced as a consequence of changes in the certified tax rate under Section 59-2-924 pursuant
14 to changes in property valuation.
15 (ii) Subsection (6)(d)(i) applies for a period of two years following the change in the
16 certified tax rate.
17 Section 2. Effective date.
18 This act takes effect on July 1, 1997.




Legislative Review Note
as of 10-23-96 10:21 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Education Interim Committee recommended this bill.

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