S.B. 101

1

USE OF EDUCATION REVENUES
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Thomas V. Hatch
5
6 LONG TITLE
7 General Description:
8 This bill allows a local school board to use a portion of proceeds from a capital outlay
9 levy for maintenance and operation expenses.
10 Highlighted Provisions:
11 This bill:
12 . allows a local school board to use 15% of the proceeds from a capital outlay levy
13 for maintenance and operation expenses; and
14 . removes the requirement that a school board maintain expenditures for building
15 maintenance at a certain level, as a condition of using proceeds from a capital outlay
16 levy for building maintenance.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 53A-16-107, as last amended by Chapter 332, Laws of Utah 1999
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53A-16-107 is amended to read:
27 53A-16-107. Capital outlay levy -- Authority to use 15% of proceeds for

28 operation and maintenance expenses.
29 (1) [(a)] A local school board may levy a tax not to exceed .0024 per dollar of taxable
30 value for [debt service and] capital outlay, except as provided in Sections 53A-16-110 and
31 53A-17a-145 .
32 [(b)] (2) Each local school board may utilize up to 15% of the proceeds of a [maximum
33 of .0002 per dollar of taxable value of its annual] capital outlay levy imposed pursuant to
34 Subsection (1) for [the maintenance of school plants in its school district] operation and
35 maintenance expenses.
36 [(2) A board that uses the option provided under Subsection (1)(b) must do the
37 following:]
38 [(a) maintain the same level of expenditure for maintenance in the current year as it did
39 in the preceding year, plus the annual average percentage increase applied to the maintenance
40 and operation budget for the current year; and]
41 [(b) identify the expenditure of capital outlay funds for maintenance by a district
42 project number to ensure that the funds were expended in the manner intended.]
43 [(3) The State Board of Education shall establish by rule the expenditure classification
44 for maintenance under this program using a standard classification system.]




Legislative Review Note
as of 11-7-03 11:51 AM

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

Office of Legislative Research and General Counsel