H.B. 40 Enrolled

FUNDING FOR TEXTBOOKS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Martin R. Stephens
Kevin S. Garn
David Ure
Greg J. Curtis
Joseph G. Murray
Afton B. Bradshaw
A. Lamont Tyler
Sheryl L. Allen
Brent D. Parker
Paul Ray
Stephen H. Urquhart
Bradley T. Johnson
Peggy Wallace
Merlynn T. Newbold
Marda Dillree
Stephen D. Clark
Chad E. Bennion
Mike Thompson
Matt Throckmorton
Bradley A. Winn
Rebecca D. Lockhart
James A. Ferrin
LaWanna Shurtliff
Gary F. Cox
Glenn L. Way
Gerry A. Adair
David Clark
Thomas V. Hatch
John E. Swallow
Ben C. Ferry
J. Morgan Philpot
Roger E. Barrus
Carl R. Saunders
Glenn A. Donnelson
Ron Bigelow
Douglas C. Aagard
Bryan D. Holladay
David N. Cox
Michael R. Styler
Jack A. Seitz
DeMar Bud Bowman
Darin G. Peterson
Brent H. Goodfellow
Don E. Bush
Karen W. Morgan
Katherine M. Bryson

The act modifies provisions related to the State System of Public Education by requiring the
State Board of Education to design and implement a statewide plan to provide for an
adequate supply of textbooks for students on an ongoing basis and to replace outdated
textbooks or textbooks in poor condition. This act provides an appropriation of $23,790,000
in one-time monies to purchase new textbooks and has an immediate effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
53A-12-201.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-12-201.5 is enacted to read:
53A-12-201.5. State plan to meet textbook needs -- Monitoring and auditing of
textbook programs.
(1) (a) The State Board of Education, in consultation with local school boards and local
superintendents, shall design and implement a statewide plan to:
(i) provide for an adequate supply of textbooks for students in the state's public schools

on an ongoing basis; and
(ii) replace outdated textbooks or textbooks in poor condition.
(b) The board shall review the plan annually and make modifications if necessary to meet
the requirements of Subsection (1)(a).
(c) (i) Each local school board shall provide an annual report to the State Board of Education
by August 1 on:
(A) the district's textbook needs from the just completed school year;
(B) monies received prior to and during the school year to meet those needs by source and
amount; and
(C) how the monies received under Subsection (c)(i)(B) were spent to meet the needs
identified under Subsection (c)(i)(A).
(ii) The state board, through the superintendent of public instruction, shall provide a
summary report of the data received under Subsection (c)(i) to the Legislative Education Interim
Committee by October 1 of each year.
(2) The State Board of Education shall:
(a) make a rule in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
Act, that provides uniform guidelines for determining what constitutes:
(i) an adequate supply of textbooks; and
(ii) an outdated textbook and a textbook in poor condition; and
(b) determine if the definition of textbooks under Section 53A-12-202 should be modified
for purposes of this chapter and make its recommendation to the Education Interim Committee of
the Legislature prior to November 30, 2001.
(3) (a) The State Board of Education and the Legislative Auditor General's Office shall
jointly monitor and conduct an audit of the funding sources and expenditures for textbooks in the
state's public schools.
(b) The monitoring and audit shall cover a period of at least three but no more than five
years, beginning with the 2000-01 school year.
Section 2. Appropriation.

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(1) For fiscal year 2000-01 only, there is appropriated from the Uniform School Fund
$23,790,000 in one-time monies to the State Board of Education.
(2) (a) The board shall allocate the appropriation to local school boards for the purchase of
textbooks for students on the basis of:
(i) need as identified in the Legislative Auditor General's State Textbook Funding Audit
dated November 2000 or as identified by the State Board of Education; and
(ii) effort made by each district to satisfy its textbook needs.
(b) Each local school board shall use its allocation to provide adequate numbers of textbooks
for students or to replace textbooks in poor or outdated condition or to do both.
Section 3. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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