H.B. 38

1

SCHOOL DISTRICT VOTED LEEWAY
2 AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Kevin S. Garn
6 David Ure
7 Greg J. Curtis
8 Patrice M. Arent
9 Brad King
10 Ron Bigelow
David L. Hogue
Bradley T. Johnson
Matt Throckmorton
Duane E. Bourdeaux
Judy Ann Buffmire
Fred J. Fife
James R. Gowans
LaWanna Shurtliff

11 This act modifies provisions related to the State System of Public Education by increasing
12 the value of the state guarantee for voted and board leeways. The act increases the
13 guarantee from .0075 times the value of the prior year's weighted pupil unit to .008 and by
14 .0005 for each succeeding year until the guarantee is equal to .0105 times the value of the
15 prior year's weighted pupil unit. The act takes effect July 1, 2001.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 53A-17a-133, as last amended by Chapter 8, Laws of Utah 1996, Second Special Session
19 53A-17a-134, as last amended by Chapter 1, Laws of Utah 1994
20 Be it enacted by the Legislature of the state of Utah:
21 Section 1. Section 53A-17a-133 is amended to read:
22 53A-17a-133. State-supported voted leeway program authorized -- Election
23 requirements -- State guarantee -- Reconsideration of the program.
24 (1) An election to consider adoption or modification of a voted leeway program is required
25 if initiative petitions signed by 10% of the number of electors who voted at the last preceding
26 general election are presented to the local school board or by action of the board.
27 (2) (a) To establish a voted leeway program, a majority of the electors of a district voting
28 at an election in the manner set forth in Section 53A-16-110 must vote in favor of a special tax.

29 (b) The district may maintain a school program which exceeds the cost of the program
30 referred to in Section 53A-17a-145 with this voted leeway.
31 (c) In order to receive state support the first year, a district must receive voter approval no
32 later than December 1 of the year prior to implementation.
33 (d) The additional program is the state-supported voted leeway program of the district.
34 (3) (a) [(i)] Under the voted leeway program, the state shall contribute an amount sufficient
35 to guarantee [$12] $16.05 per weighted pupil unit for each .0001 of the first [.0004] .0016 per
36 dollar of taxable value.
37 [(ii) The guarantee shall apply to the first .0006 per dollar of taxable value beginning July
38 1, 1996, and shall apply to an additional .0002 per dollar of taxable value each year thereafter so
39 that the guarantee shall apply to the first .0016 of taxable value beginning July 1, 2001, and for
40 each year thereafter.]
41 (b) [(i)] The same dollar amount guarantee per weighted pupil unit for the [.0004] .0016
42 per dollar of taxable value under Subsection (a) shall apply to the board-approved leeway
43 authorized in Section 53A-17a-134 , so that the guarantee shall apply up to a total of [.0008] .002
44 per dollar of taxable value if a school district levies a tax rate [of up to .0004 in] under both
45 programs.
46 [(ii) Beginning July 1, 1996, if a district levies up to.0006 in the voted leeway program and
47 up to .0004 in the board leeway program, the guarantee shall apply up to a total of .001 for both
48 programs and shall apply to an additional .0002 per dollar of taxable value each year thereafter
49 through July 1, 2001, as described in Subsection (3)(a)(ii) so that the guarantee shall apply up to
50 a total of.002 per dollar of taxable value beginning July 1, 2001, and for each year thereafter.]
51 (c) (i) Beginning July 1, [1997] 2002, the [$12] $16.05 guarantee under Subsections (3)(a)
52 and (b) shall be indexed each year to the value of the weighted pupil unit by making the value of
53 the guarantee equal to [.0075] .0085 times the value of the prior year's weighted pupil unit.
54 (ii) The guarantee shall increase by .0005 times the value of the prior year's weighted pupil
55 unit for each succeeding year until the guarantee is equal to .0105 times the value of the prior year's
56 weighted pupil unit.
57 (d) (i) The amount of state guarantee money to which a school district would otherwise
58 be entitled to under Subsection (3) may not be reduced for the sole reason that the district's levy
59 is reduced as a consequence of changes in the certified tax rate under Section 59-2-924 pursuant

60 to changes in property valuation.
61 (ii) Subsection (3)(d)(i) applies for a period of two years following any such change in the
62 certified tax rate.
63 (4) (a) An election to modify an existing voted leeway program is not a reconsideration
64 of the existing program unless the proposition submitted to the electors expressly so states.
65 (b) A majority vote opposing a modification does not deprive the district of authority to
66 continue an existing program.
67 (c) If adoption of a leeway program is contingent upon an offset reducing other local
68 school board levies, the board must allow the electors, in an election, to consider modifying or
69 discontinuing the program prior to a subsequent increase in other levies that would increase the
70 total local school board levy.
71 (d) Nothing contained in this section terminates, without an election, the authority of a
72 school district to continue an existing voted leeway program previously authorized by the voters.
73 Section 2. Section 53A-17a-134 is amended to read:
74 53A-17a-134. Board-approved leeway -- Purpose -- State support -- Disapproval.
75 (1) Each local school board may levy a tax rate of up to .0004 per dollar of taxable value
76 to maintain a school program above the cost of the basic school program as follows:
77 (a) a local school board shall use the monies generated by the tax for class size reduction
78 within the school district;
79 (b) if a local school board determines that the average class size in the school district is
80 not excessive, it may use the monies for other school purposes but only if the board has declared
81 the use for other school purposes in a public meeting prior to levying the tax rate; and
82 (c) a district may not use the monies for other school purposes under Subsection (1)(b)
83 until it has certified in writing that its class size needs are already being met and has identified the
84 other school purposes for which the monies will be used to the State Board of Education and the
85 state board has approved their use for other school purposes.
86 (2) (a) The state shall contribute an amount sufficient to guarantee [$21.50] $16.05 per
87 weighted pupil unit for each [.0002] .0001 per dollar of taxable value.
88 (b) The guarantee shall increase in the same [years and for the same amounts] manner as
89 provided for the voted leeway guarantee in [Section] Subsections 53A-17a-133 (3)(c)(i) and (ii).
90 (3) The levy authorized under this section is not in addition to the maximum rate of .002

91 authorized in Section 53A-17a-133 , but is a board-authorized component of the total tax rate under
92 that section.
93 (4) As an exception to Section 53A-17a-133 , the board-authorized levy does not require
94 voter approval, but the board may require voter approval if requested by a majority of the board.
95 (5) An election to consider disapproval of the board-authorized levy is required, if within
96 60 days after the levy is established by the board, referendum petitions signed by the number of
97 legal voters required in Section 20A-7-301 , who reside within the school district, are filed with the
98 school district.
99 (6) (a) A local school board shall establish its board-approved levy by April 1 to have the
100 levy apply to the fiscal year beginning July 1 in that same calendar year except that if an election
101 is required under this section, the levy applies to the fiscal year beginning July 1 of the next
102 calendar year.
103 (b) The approval and disapproval votes authorized in Subsections (4) and (5) shall occur
104 at a general election in even-numbered years, except that a vote required under this section in
105 odd-numbered years shall occur at a special election held on a day in odd-numbered years that
106 corresponds to the general election date. The school district shall pay for the cost of a special
107 election.
108 (7) (a) Modification or termination of a voter-approved leeway rate authorized under this
109 section is governed by Section 53A-17a-133 .
110 (b) A board-authorized leeway rate may be modified or terminated by a majority vote of
111 the board subject to disapproval procedures specified in this section.
112 (8) A board levy election does not require publication of a voter information pamphlet.
113 Section 3. Effective date.
114 This act takes effect on July 1, 2001.




Legislative Review Note
as of 12-12-00 9:32 AM

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

Office of Legislative Research and General Counsel

Committee Note

The Education Interim Committee recommended this bill.