H.B. 124

1

ENROLLMENT GROWTH PROGRAM
2 AMENDMENTS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Bradley G. Last
6
7 LONG TITLE
8 General Description:
9 This bill modifies the funding formula for a program that provides money to school
10 districts for school building construction.
11 Highlighted Provisions:
12 This bill:
13 . defines terms, including "yield per ADM";
14 . removes the requirement that a school district be a recipient of monies distributed
15 under the Capital Outlay Foundation Program to qualify for monies under the
16 Enrollment Growth Program; and
17 . requires school districts to have a tax yield below a certain amount to qualify for
18 monies under the Enrollment Growth Program.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill takes effect on July 1, 2005.
23 Utah Code Sections Affected:
24 AMENDS:
25 53A-21-103.5, as enacted by Chapter 320, Laws of Utah 2003
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 53A-21-103.5 is amended to read:
29 53A-21-103.5. Qualifications for participation in the Enrollment Growth
30 Program -- State Board of Education rules -- Distribution formula.
31 [(1) (a) In order to qualify for monies under the Enrollment Growth Program
32 established in Section 53A-21-102 , a school district must be a recipient of monies distributed
33 under the Capital Outlay Foundation Program, except as provided in Subsection (1)(b).]
34 [(b) A school district that is not a recipient of Capital Outlay Foundation Program
35 monies in fiscal year 2003-04, fiscal year 2004-05, or both, may qualify for monies under the
36 Enrollment Growth Program if the school district received Capital Outlay Foundation Program
37 monies in fiscal year 2002-03.]
38 (1) As used in this section:
39 (a) "ADM" means average daily membership.
40 (b) "Derived valuation" means total school district property tax current collections
41 from April 1 through the following March 31, divided by the tax rates for the same year.
42 (c) "Yield per ADM" means the product of the derived valuation multiplied by .0024,
43 divided by average daily membership.
44 (2) (a) The State Board of Education shall distribute monies in the Enrollment Growth
45 Program to qualifying school districts whose:
46 (i) average net enrollment for the prior three years is a net increase in enrollment[.];
47 and
48 (ii) yield per ADM is less than two times the prior year's average yield per ADM for
49 Utah school districts.
50 (b) A school district that meets the criteria of Subsection (2)(a) shall receive
51 Enrollment Growth Program monies in the same proportion that the district's three-year
52 average net enrollment bears to the total three-year net enrollment of all the districts that meet
53 the criteria of Subsection (2)(a).
54 (c) The State Board of Education shall make rules in accordance with Title 63, Chapter
55 46a, Utah Administrative Rulemaking Act, to administer this section.
56 Section 2. Effective date.
57 This bill takes effect on July 1, 2005.

Legislative Review Note
as of 1-31-05 1:21 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel