H.B. 38 Enrolled

SCHOOL DISTRICT VOTED LEEWAY AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Kevin S. Garn
David Ure
Greg J. Curtis
Patrice M. Arent
Brad King
Ron Bigelow
David L. Hogue
Bradley T. Johnson
Matt Throckmorton
Duane E. Bourdeaux
Judy Ann Buffmire
Fred J. Fife
James R. Gowans
LaWanna Shurtliff
A. Lamont Tyler
Rebecca D. Lockhart
Wayne A. Harper
Paul Ray
Don E. Bush
Douglas C. Aagard
Richard M. Siddoway
Marda Dillree
Sheryl L. Allen
Roger E. Barrus
Jeff Alexander
DeMar Bud Bowman
Joseph G. Murray
Loraine T. Pace
Craig W. Buttars
Stephen D. Clark
Chad E. Bennion
Thomas V. Hatch
David N. Cox
Carl R. Saunders
Kory M. Holdaway
John E. Swallow
Ben C. Ferry

This act modifies provisions related to the State System of Public Education by increasing
the value of the state guarantee for voted and board leeways. The act increases the
guarantee from .0075 times the value of the prior year's weighted pupil unit to .008044 and
by .0005 for each succeeding year until the guarantee is equal to .010544 times the value of
the prior year's weighted pupil unit. The act takes effect July 1, 2001.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-17a-133, as last amended by Chapter 8, Laws of Utah 1996, Second Special Session
53A-17a-134, as last amended by Chapter 1, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-17a-133 is amended to read:
53A-17a-133. State-supported voted leeway program authorized -- Election
requirements -- State guarantee -- Reconsideration of the program.
(1) An election to consider adoption or modification of a voted leeway program is required
if initiative petitions signed by 10% of the number of electors who voted at the last preceding
general election are presented to the local school board or by action of the board.

(2) (a) To establish a voted leeway program, a majority of the electors of a district voting at
an election in the manner set forth in Section 53A-16-110 must vote in favor of a special tax.
(b) The district may maintain a school program which exceeds the cost of the program
referred to in Section 53A-17a-145 with this voted leeway.
(c) In order to receive state support the first year, a district must receive voter approval no
later than December 1 of the year prior to implementation.
(d) The additional program is the state-supported voted leeway program of the district.
(3) (a) [(i)] Under the voted leeway program, the state shall contribute an amount sufficient
to guarantee [$12] $17.14 per weighted pupil unit for each .0001 of the first [.0004] .0016 per dollar
of taxable value.
[(ii) The guarantee shall apply to the first .0006 per dollar of taxable value beginning July
1, 1996, and shall apply to an additional .0002 per dollar of taxable value each year thereafter so that
the guarantee shall apply to the first .0016 of taxable value beginning July 1, 2001, and for each year
thereafter.]
(b) [(i)] The same dollar amount guarantee per weighted pupil unit for the [.0004] .0016 per
dollar of taxable value under Subsection (a) shall apply to the board-approved leeway authorized in
Section 53A-17a-134 , so that the guarantee shall apply up to a total of [.0008] .002 per dollar of
taxable value if a school district levies a tax rate [of up to .0004 in] under both programs.
[(ii) Beginning July 1, 1996, if a district levies up to.0006 in the voted leeway program and
up to .0004 in the board leeway program, the guarantee shall apply up to a total of .001 for both
programs and shall apply to an additional .0002 per dollar of taxable value each year thereafter
through July 1, 2001, as described in Subsection (3)(a)(ii) so that the guarantee shall apply up to a
total of.002 per dollar of taxable value beginning July 1, 2001, and for each year thereafter.]
(c) (i) Beginning July 1, [1997] 2002, the [$12] $17.14 guarantee under Subsections (3)(a)
and (b) shall be indexed each year to the value of the weighted pupil unit by making the value of the
guarantee equal to [.0075] .008544 times the value of the prior year's weighted pupil unit.
(ii) The guarantee shall increase by .0005 times the value of the prior year's weighted pupil
unit for each succeeding year until the guarantee is equal to .010544 times the value of the prior

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year's weighted pupil unit.
(d) (i) The amount of state guarantee money to which a school district would otherwise be
entitled to under Subsection (3) may not be reduced for the sole reason that the district's levy is
reduced as a consequence of changes in the certified tax rate under Section 59-2-924 pursuant to
changes in property valuation.
(ii) Subsection (3)(d)(i) applies for a period of two years following any such change in the
certified tax rate.
(4) (a) An election to modify an existing voted leeway program is not a reconsideration of
the existing program unless the proposition submitted to the electors expressly so states.
(b) A majority vote opposing a modification does not deprive the district of authority to
continue an existing program.
(c) If adoption of a leeway program is contingent upon an offset reducing other local school
board levies, the board must allow the electors, in an election, to consider modifying or discontinuing
the program prior to a subsequent increase in other levies that would increase the total local school
board levy.
(d) Nothing contained in this section terminates, without an election, the authority of a
school district to continue an existing voted leeway program previously authorized by the voters.
Section 2. Section 53A-17a-134 is amended to read:
53A-17a-134. Board-approved leeway -- Purpose -- State support -- Disapproval.
(1) Each local school board may levy a tax rate of up to .0004 per dollar of taxable value to
maintain a school program above the cost of the basic school program as follows:
(a) a local school board shall use the monies generated by the tax for class size reduction
within the school district;
(b) if a local school board determines that the average class size in the school district is not
excessive, it may use the monies for other school purposes but only if the board has declared the use
for other school purposes in a public meeting prior to levying the tax rate; and
(c) a district may not use the monies for other school purposes under Subsection (1)(b) until
it has certified in writing that its class size needs are already being met and has identified the other

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school purposes for which the monies will be used to the State Board of Education and the state
board has approved their use for other school purposes.
(2) (a) The state shall contribute an amount sufficient to guarantee [$21.50] $17.14 per
weighted pupil unit for each [.0002] .0001 per dollar of taxable value.
(b) The guarantee shall increase in the same [years and for the same amounts] manner as
provided for the voted leeway guarantee in [Section] Subsections 53A-17a-133 (3)(c)(i) and (ii).
(3) The levy authorized under this section is not in addition to the maximum rate of .002
authorized in Section 53A-17a-133 , but is a board-authorized component of the total tax rate under
that section.
(4) As an exception to Section 53A-17a-133 , the board-authorized levy does not require
voter approval, but the board may require voter approval if requested by a majority of the board.
(5) An election to consider disapproval of the board-authorized levy is required, if within
60 days after the levy is established by the board, referendum petitions signed by the number of legal
voters required in Section 20A-7-301 , who reside within the school district, are filed with the school
district.
(6) (a) A local school board shall establish its board-approved levy by April 1 to have the
levy apply to the fiscal year beginning July 1 in that same calendar year except that if an election is
required under this section, the levy applies to the fiscal year beginning July 1 of the next calendar
year.
(b) The approval and disapproval votes authorized in Subsections (4) and (5) shall occur at
a general election in even-numbered years, except that a vote required under this section in
odd-numbered years shall occur at a special election held on a day in odd-numbered years that
corresponds to the general election date. The school district shall pay for the cost of a special
election.
(7) (a) Modification or termination of a voter-approved leeway rate authorized under this
section is governed by Section 53A-17a-133 .
(b) A board-authorized leeway rate may be modified or terminated by a majority vote of the
board subject to disapproval procedures specified in this section.

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(8) A board levy election does not require publication of a voter information pamphlet.
Section 3. Effective date.
This act takes effect on July 1, 2001.

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