This document includes House Committee Amendments incorporated into the bill on Tue, Mar 1, 2016 at 2:33 PM by lsjones.
This document includes House Floor Amendments incorporated into the bill on Thu, Mar 3, 2016 at 4:41 PM by cynthiahopkin.
This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 8, 2016 at 7:51 PM by lpoole.
Representative Kraig Powell proposes the following substitute bill:


1     
CHARTER SCHOOL FUNDING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kraig Powell

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to school district property taxes and charter school
10     funding.
11     Highlighted Provisions:
12          This bill:
13          ▸      amends the definition of "district local property tax revenues" to include school
14     district revenues expended for recreational facilities and revenues received from
15     certain state guarantees;
16          ▸     defines terms;
17          ▸     amends provisions that require a school district to allocate a certain portion of
18     school district tax revenues for charter schools;
19          ▸     amends charter school facility expenditures provisions;
20          ▸     amends provisions related to the board local levy;
21          ▸     creates a levy for charter school funding;
22          ▸     provides for the distribution of revenues from the levy for charter school funding;
23          ▸     establishes the Charter School Levy Account;
24          ▸     requires certain notice on the charter school funding levy; and
25          ▸     makes technical corrections.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a special effective date.
30     Utah Code Sections Affected:
31     AMENDS:
32          53A-1a-513, as last amended by Laws of Utah 2015, Chapters 64 and 380
33          53A-17a-105, as last amended by Laws of Utah 2015, Chapter 449
34          53A-17a-164, as last amended by Laws of Utah 2013, Chapters 178 and 313
35          63I-2-253, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
36     ENACTS:
37          53A-1a-513.1, Utah Code Annotated 1953
38          53A-1a-513.2, Utah Code Annotated 1953
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 53A-1a-513 is amended to read:
42          53A-1a-513. Funding for charter schools.
43          (1) As used in this section:
44          (a) "Basic program" means the same as that term is defined in Section 53A-17a-103.
45          [(a)] (b) "Charter school students' average local revenues" means the amount
46     determined as follows:
47          (i) for each student enrolled in a charter school on the previous October 1, calculate the
48     district per pupil local revenues of the school district in which the student resides;
49          (ii) sum the district per pupil local revenues for each student enrolled in a charter
50     school on the previous October 1; and
51          (iii) divide the sum calculated under Subsection (1)[(a)](b)(ii) by the number of
52     students enrolled in charter schools on the previous October 1.
53          (c) "Charter school levy per pupil revenues" means the same as that term is defined in
54     Section 53A-1a-513.1.
55          [(b)] (d) "District local property tax revenues" means the sum of a school district's
56     revenue received from the following [levies]:
57          (i) a voted local levy imposed under Section 53A-17a-133;
58          (ii) a board local levy imposed under Section 53A-17a-164, excluding revenues
59     expended for:
60          [(A) recreational facilities and activities authorized under Title 11, Chapter 2,
61     Playgrounds;]
62          [(B)] (A) pupil transportation, up to the amount of revenue generated by a .0003 per
63     dollar of taxable value of the school district's board local levy; and
64          [(C)] (B) the K-3 Reading Improvement Program, up to the amount of revenue
65     generated by a .000121 per dollar of taxable value of the school district's board local levy;
66     [and]
67          (iii) a capital local levy imposed under Section 53A-16-113[.]; and
68          (iv) a guarantee described in Section 53A-17a-133, 53A-17a-164, 53A-21-202, or
69     53A-21-302.
70          [(c)] (e) "District per pupil local revenues" means [an amount equal to the following],
71     using data from the most recently published school district annual financial reports and state
72     superintendent's annual report[:], an amount equal to [(i)] district local property tax revenues[;]
73     divided by [(ii)] the sum of:
74          [(A)] (i) a school district's average daily membership; and
75          [(B)] (ii) the average daily membership of a school district's resident students who
76     attend charter schools.
77          [(d)] (f) "Resident student" means a student who is considered a resident of the school
78     district under Title 53A, Chapter 2, Part 2, District of Residency.
79          [(e)] (g) "Statewide average debt service revenues" means the amount determined as
80     follows, using data from the most recently published state superintendent's annual report:
81          (i) sum the revenues of each school district from the debt service levy imposed under
82     Section 11-14-310; and
83          (ii) divide the sum calculated under Subsection (1)[(e)(i)](g)(i) by statewide school
84     district average daily membership.
85          (2) (a) Charter schools shall receive funding as described in this section, except
86     Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
87          (b) Charter schools authorized by local school boards that are converted from district
88     schools or operate in district facilities without paying reasonable rent shall receive funding as
89     prescribed in Section 53A-1a-515.
90          (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school shall
91     receive state funds, as applicable, on the same basis as a school district receives funds.
92          (b) For the 2015-16 school year, the number of weighted pupil units assigned to a
93     charter school for the kindergarten and grades 1 through 12 programs of the Basic School
94     Program shall be:
95          (i) based on the higher of:
96          (A) October 1 enrollment in the current school year; or
97          (B) average daily membership in the prior school year plus growth as determined under
98     Section 53A-17a-106; and
99          (ii) weighted as provided in Subsection (3)(c).
100          (c) In distributing funds under Chapter 17a, Minimum School Program Act, to charter
101     schools, charter school pupils shall be weighted, where applicable, as follows:
102          (i) .55 for kindergarten pupils;
103          (ii) .9 for pupils in grades 1 through 6;
104          (iii) .99 for pupils in grades 7 through 8; and
105          (iv) 1.2 for pupils in grades 9 through 12.
106          (4) (a) (i) A school district shall allocate a portion of school district revenues for each
107     resident student of the school district who is enrolled in a charter school on the previous
108     October 1 equal to 25% of the district per pupil local revenues[.] excluding the amount of
109     revenues:
110          (A) described in Subsection (1)(d)(iv) collected by the district; and
111          (B) expended by the school district for recreational facilities and activities authorized
112     under Title 11, Chapter 2, Playgrounds.
113          (ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
114     established under Chapter 28, Utah School Bond Guaranty Act.
115          (b) The State Board of Education shall:
116          (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
117     state funds the school district is authorized to receive under Chapter 17a, Minimum School
118     Program Act; and
119          (ii) remit the money to the student's charter school.
120          (c) Notwithstanding the method used to transfer school district revenues to charter
121     schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
122     schools under this section from:
123          (i) unrestricted revenues available to the school district; or
124          (ii) the revenue sources listed in Subsection (1)[(b)] Ĥ→ [(c)] (d) ←Ĥ based on the
124a     portion of the
125     allocations to charter schools attributed to each of the revenue sources listed in Subsection
126     (1)[(b)] Ĥ→ [(c)] (d) ←Ĥ .
127          (d) (i) Subject to future budget constraints, the Legislature shall provide an
128     appropriation for charter schools for each student enrolled on October 1 to supplement the
129     allocation of school district revenues under Subsection (4)(a).
130          (ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
131     state for a charter school student shall be the sum of:
132          (A) charter school students' average local revenues minus the allocation of school
133     district revenues under Subsection (4)(a); and
134          (B) statewide average debt service revenues.
135          (iii) If the total of a school district's allocation for a charter school student under
136     Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
137     $1427, the state shall provide an additional supplement so that a charter school receives at least
138     $1427 per student under this Subsection (4).
139          (iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the
140     amount prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated
141     among charter schools in proportion to each charter school's enrollment as a percentage of the
142     total enrollment in charter schools.
143          (B) If the State Board of Education makes adjustments to Minimum School Program
144     allocations as provided under Section 53A-17a-105, the allocation provided in Subsection
145     (4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
146          (e) [Of] (i) Except as provided in Subsection (4)(e)(ii), of the money provided to a
147     charter school under this Subsection (4), 10% shall be expended for funding school facilities
148     only.
149          (ii) Subsection (4)(e)(i) does not apply to an online charter school.
150          (f) This Subsection (4) is repealed July 1, 2017.
151          (5) (a) As described in Section 53A-1a-513.1, the State Board of Education shall
152     distribute charter school levy per pupil revenues to charter schools.
153          (b) (i) Subject to future budget constraints, the Legislature shall provide an
154     appropriation for charter schools for each charter school student enrolled on October 1 to
155     supplement the allocation of charter school levy per pupil revenues described in Subsection
156     (5)(a).
157          (ii) Except as provided in Subsection (5)(b)(iii), the amount of money provided by the
158     state for a charter school student shall be the sum of:
159          (A) charter school students' average local revenues minus the charter school levy per
160     pupil revenues; and
161          (B) statewide average debt service revenues.
162          (iii) If the total of charter school levy per pupil revenues and the amount provided by
163     the state under Subsection (5)(b)(ii) is less than $1,427, the state shall provide an additional
164     supplement so that a charter school receives at least $1,427 per student under this Subsection
165     (5).
166          (iv) (A) If the appropriation provided under this Subsection (5)(b) is less than the
167     amount prescribed by Subsection (5)(b)(ii) or (5)(b)(iii), the appropriation shall be allocated
168     among charter schools in proportion to each charter school's enrollment as a percentage of the
169     total enrollment in charter schools.
170          (B) If the State Board of Education makes adjustments to Minimum School Program
171     allocations as provided under Section 53A-17a-105, the allocation provided in Subsection
172     (5)(b)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105.
173          (c) (i) Of the money provided to a charter school under this Subsection (5), 10% shall
174     be expended for funding school facilities only.
175          (ii) Subsection (5)(c)(i) does not apply to an online charter school.
176          (d) This Subsection (5) is effective July 1, 2017.
177          [(5)] (6) Charter schools are eligible to receive federal funds if they meet all applicable
178     federal requirements and comply with relevant federal regulations.
179          [(6)] (7) The State Board of Education shall distribute funds for charter school students
180     directly to the charter school.
181          [(7)] (8) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive
182     state transportation funding.
183          (b) The board shall also adopt rules relating to the transportation of students to and
184     from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127.
185          (c) The governing [body] board of the charter school may provide transportation
186     through an agreement or contract with the local school board, a private provider, or [with]
187     parents.
188          [(8)] (9) (a) (i) In accordance with Section 53A-1a-513.5, the State Charter School
189     Board may allocate grants for start-up costs to charter schools from money appropriated for
190     charter school start-up costs.
191          (ii) The governing board of a charter school that receives money from a grant under
192     Section 53A-1a-513.5 shall use the grant for expenses for planning and implementation of the
193     charter school.
194          (b) The State Board of Education shall coordinate the distribution of federal money
195     appropriated to help fund costs for establishing and maintaining charter schools within the
196     state.
197          [(9)] (10) (a) A charter school may receive, hold, manage and use any devise, bequest,
198     grant, endowment, gift, or donation of any property made to the school for any of the purposes
199     of this part.
200          (b) It is unlawful for any person affiliated with a charter school to demand or request
201     any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
202     with the charter school as a condition for employment or enrollment at the school or continued
203     attendance at the school.
204          Section 2. Section 53A-1a-513.1 is enacted to read:
205          53A-1a-513.1. Charter school levy.
206          (1) As used in this section:
207          (a) "Board" means the State Board of Education.
208          (b) "Charter School Levy Account" means the Charter School Levy Account created in
209     Section 53A-1a-513.2.
210          (c) "Charter school levy per district revenues" means the product of:
211          (i) a school district's district per pupil local revenues; and
212          (ii) the number of charter school students in the school district who are resident
213     students.
214          (d) "Charter school levy per pupil revenues" means an amount equal to the following:
215          (i) charter school levy total local revenues for a given fiscal year, adjusted if necessary
216     as described in Subsection (4); divided by
217          (ii) the number of students enrolled in a charter school on October 1 of the prior school
218     year.
219          (e) "Charter school levy revenues" means the charter school levy revenues generated by
220     a charter school levy rate described in Subsection (2)(b)(i).
221          (f) "Charter school levy total local revenues" means the sum of charter school levy per
222     district revenues for every school district in the state for the same given fiscal year.
223          (g) "District per pupil local revenues" means the same as that term is defined in Section
224     53A-1a-513.
225          (h) "Resident student" means the same as that term is defined in Section 53A-1a-513.
226          (2) (a) Beginning with the taxable year beginning on January 1, 2017, the state shall
227     annually impose a charter school levy as described in this Subsection (2).
228          (b) (i) For each school district, Ĥ→ [on or] ←Ĥ before June 22, the State Tax
228a     Commission shall
229     certify a rate for the charter school levy described in Subsection (2)(a) to generate an amount of
230     revenue within a school district equal to 25% of the charter school levy per district revenues
231     excluding the amount of revenues:
232          (A) described in Subsection 53A-1a-513(1)(d)(iv); and
233          (B) expended by the school district for recreational facilities and activities authorized
234     under Title 11, Chapter 2, Playgrounds.
235          (ii) To calculate a charter school levy rate for a school district, the State Tax
236     Commission shall use the calculation method described in Subsection 59-2-924(3)(c)(ii).
237          (c) The charter school levy shall be separately stated on a tax notice.
238          (3) (a) A county treasurer shall collect the charter school levy revenues for all school
239     districts located within the county treasurer's county and remit the money monthly to the state
240     treasurer.
241          (b) The state treasurer shall deposit the charter school levy revenues received from a
242     county treasurer Ĥ→ [in] into ←Ĥ the Charter School Levy Account.
243          (4) (a) For each charter school student, the board shall distribute the charter school per
244     pupil levy revenues from the Ĥ→ [charter school levy account] Charter School Levy Account ←Ĥ
244a     to the student's charter school in
245     accordance with this Subsection (4).
246          (b) For a given fiscal year, if the actual charter school levy total local revenues are
247     more than the estimated charter school levy total local revenues the board shall:
248          (i) deduct the amount of revenue that exceeds the estimated charter school levy total
249     local revenues from the actual charter school levy total local revenues; and
250          (ii) use the remaining amount to calculate the charter school per pupil levy revenues.
251          (c) For a given fiscal year, if the actual charter school total local revenues are less than
252     the estimated charter school levy total local revenues, the board shall:
253          (i) if sufficient funds are available in the Charter School Levy Account, add an amount
254     of funds from the Charter School Levy Account to the charter school levy total local revenues
255     to equal the estimated charter school levy total local revenues; and
256          (ii) if sufficient funds are not available in the Charter School Levy Account, calculate
257     the charter school per pupil levy revenues using the actual amount of the charter school levy
258     total local revenues.
259          Section 3. Section 53A-1a-513.2 is enacted to read:
260          53A-1a-513.2. Charter School Levy Account.
261          (1) As used in this section, "account" means the Charter School Levy Account created
262     in this section.
263          (2) There is created within the Education Fund a restricted account known as the
264     "Charter School Levy Account."
265          (3) The account shall be funded by amounts deposited into the account in accordance
266     with Section 53A-1a-513.1.
267          (4) Upon appropriation from the Legislature, the State Board of Education shall
268     distribute funds from the account as described in Section 53A-1a-513.1.
269          (5) The account shall earn interest.
270          (6) Interest earned on the account shall be deposited into the account.
271          (7) Funds in the account are nonlapsing.
272          Section 4. Section 53A-17a-105 is amended to read:
273          53A-17a-105. Powers and duties of State Board of Education to adjust Minimum
274     School Program allocations -- Use of remaining funds at the end of a fiscal year.
275          (1) For purposes of this section:
276          (a) "Board" means the State Board of Education.
277          (b) "ESEA" means the Elementary and Secondary Education Act of 1965, 20 U.S.C.
278     Sec. 6301 et seq.
279          (c) "LEA" means:
280          (i) a school district; or
281          (ii) a charter school.
282          (d) "Program" means a program or allocation funded by a line item appropriation or
283     other appropriation designated as:
284          (i) Basic Program;
285          (ii) Related to Basic Programs;
286          (iii) Voted and Board Levy Programs; or
287          (iv) Minimum School Program.
288          (2) Except as provided in Subsection (3) or (5), if the number of weighted pupil units
289     in a program is underestimated, the board shall reduce the value of the weighted pupil unit in
290     that program so that the total amount paid for the program does not exceed the amount
291     appropriated for the program.
292          (3) If the number of weighted pupil units in a program is overestimated, the board shall
293     spend excess money appropriated for the following purposes giving priority to the purpose
294     described in Subsection (3)(a):
295          (a) to support the value of the weighted pupil unit in a program within the basic
296     state-supported school program in which the number of weighted pupil units is underestimated;
297          (b) to support the state guarantee per weighted pupil unit provided under the voted
298     local levy program established in Section 53A-17a-133 or the board local levy program
299     established in Section 53A-17a-164, if:
300          (i) local contributions to the voted local levy program or board local levy program are
301     overestimated; or
302          (ii) the number of weighted pupil units within school districts qualifying for a
303     guarantee is underestimated;
304          (c) to support the state supplement to local property taxes allocated to charter schools,
305     if the state supplement is less than the amount prescribed by [Subsection] Section
306     53A-1a-513[(4)]; or
307          (d) to support a school district with a loss in student enrollment as provided in Section
308     53A-17a-139.
309          (4) If local contributions from the minimum basic tax rate imposed under Section
310     53A-17a-135 are overestimated, the board shall reduce the value of the weighted pupil unit for
311     all programs within the basic state-supported school program so the total state contribution to
312     the basic state-supported school program does not exceed the amount of state funds
313     appropriated.
314          (5) If local contributions from the minimum basic tax rate imposed under Section
315     53A-17a-135 are underestimated, the board shall:
316          (a) spend the excess local contributions for the purposes specified in Subsection (3),
317     giving priority to supporting the value of the weighted pupil unit in programs within the basic
318     state-supported school program in which the number of weighted pupil units is underestimated;
319     and
320          (b) reduce the state contribution to the basic state-supported school program so the
321     total cost of the basic state-supported school program does not exceed the total state and local
322     funds appropriated to the basic state-supported school program plus the local contributions
323     necessary to support the value of the weighted pupil unit in programs within the basic
324     state-supported school program in which the number of weighted pupil units is underestimated.
325          (6) Except as provided in Subsection (3) or (5), the board shall reduce the guarantee
326     per weighted pupil unit provided under the voted local levy program established in Section
327     53A-17a-133 or board local levy program established in Section 53A-17a-164, if:
328          (a) local contributions to the voted local levy program or board local levy program are
329     overestimated; or
330          (b) the number of weighted pupil units within school districts qualifying for a
331     guarantee is underestimated.
332          (7) (a) The board may use program funds as described in Subsection (7)(b) if:
333          (i) the state loses flexibility due to the U.S. Department of Education's rejection of the
334     state's renewal application for flexibility under the ESEA; and
335          (ii) the state is required to fully implement the requirements of Title I of the ESEA, as
336     amended by the No Child Left Behind Act of 2001.
337          (b) Subject to the requirements of Subsections (7)(a) and (c), for fiscal year 2016, after
338     any transfers or adjustments described in Subsections (2) through (6) are made, the board may
339     use up to $15,000,000 of excess money appropriated to a program, remaining at the end of
340     fiscal year 2015, to mitigate a budgetary impact to an LEA due to the LEA's loss of flexibility
341     related to implementing the requirements of Title I of the ESEA, as amended by the No Child
342     Left Behind Act of 2001.
343          (c) In addition to the reporting requirement described in Subsection (9), the board shall
344     report actions taken by the board under this Subsection (7) to the Executive Appropriations
345     Committee.
346          (8) Money appropriated to the board is nonlapsing.
347          (9) The board shall report actions taken by the board under this section to the Office of
348     the Legislative Fiscal Analyst and the Governor's Office of Management and Budget.
349          Section 5. Section 53A-17a-164 is amended to read:
350          53A-17a-164. Board local levy -- State guarantee.
351          (1) Subject to the other requirements of this section, for a calendar year beginning on
352     or after January 1, 2012, a local school board may levy a tax to fund the school district's
353     general fund.
354          (2) (a) For purposes of this Subsection (2), "combined rate" means the sum of:
355          (i) the rate imposed by a local school board under Subsection (1); and
356          (ii) the charter school levy rate, described in Section 53A-1a-513.1, for the local school
357     board's school district.
358     [(a)] (b) Except as provided in Subsection [(2)(b), a tax rate imposed by a school district
359     pursuant to this section] (2)(c), beginning on January 1, 2017, a school district's combined rate
360     may not exceed .0018 per dollar of taxable value in any calendar year.
361          [(b) A tax rate imposed by a school district pursuant to this section]
362           (c) Beginning on January 1, 2017, a school district's combined rate may not exceed
363     .0025 per dollar of taxable value in any calendar year if, during the calendar year beginning on
364     January 1, 2011, the school district's [combined] total tax rate for the following levies was
365     greater than .0018 per dollar of taxable value:
366          (i) a recreation levy imposed under Section 11-2-7;
367          (ii) a transportation levy imposed under Section 53A-17a-127;
368          (iii) a board-authorized levy imposed under Section 53A-17a-134;
369          (iv) an impact aid levy imposed under Section 53A-17a-143;
370          (v) the portion of a 10% of basic levy imposed under Section 53A-17a-145 that is
371     budgeted for purposes other than capital outlay or debt service;
372          (vi) a reading levy imposed under Section 53A-17a-151; and
373          (vii) a tort liability levy imposed under Section 63G-7-704.
374          (3) (a) In addition to the revenue a school district collects from the imposition of a levy
375     pursuant to this section, the state shall contribute an amount sufficient to guarantee that each
376     .0001 of the first .0004 per dollar of taxable value generates an amount equal to the state
377     guarantee per weighted pupil unit described in Subsection 53A-17a-133(4).
378          (b) (i) The amount of state guarantee money to which a school district would otherwise
379     be entitled to under this Subsection (3) may not be reduced for the sole reason that the district's
380     levy is reduced as a consequence of changes in the certified tax rate under Section 59-2-924
381     pursuant to changes in property valuation.
382          (ii) Subsection (3)(b)(i) applies for a period of five years following any changes in the
383     certified tax rate.
384          (4) A school district that imposes a board local levy in the calendar year beginning on
385     January 1, 2012, is exempt from the public notice and hearing requirements of Section
386     59-2-919 if the school district budgets an amount of ad valorem property tax revenue equal to
387     or less than the sum of the following amounts:
388          (a) the amount of revenue generated during the calendar year beginning on January 1,
389     2011, from the sum of the following levies of a school district:
390          (i) a recreation levy imposed under Section 11-2-7;
391          (ii) a transportation levy imposed under Section 53A-17a-127;
392          (iii) a board-authorized levy imposed under Section 53A-17a-134;
393          (iv) an impact aid levy imposed under Section 53A-17a-143;
394          (v) the portion of a 10% of basic levy imposed under Section 53A-17a-145 that is
395     budgeted for purposes other than capital outlay or debt service;
396          (vi) a reading levy imposed under Section 53A-17a-151; and
397          (vii) a tort liability levy imposed under Section 63G-7-704; and
398          (b) revenue from new growth as defined in Subsection 59-2-924(4)(c).
399          (5) (a) For Ĥ→ [the] a ←Ĥ calendar year beginning on Ĥ→ or after ←Ĥ January 1, 2017,
399a     Ĥ→ [and ending on December
400     31, 2017,] ←Ĥ the State Tax Commission shall Ĥ→ [decrease] adjust ←Ĥ a board local levy rate
400a     imposed by a local
401     school board under this section by the amount necessary to offset the Ĥ→ [increase] change ←Ĥ
401a     in revenues from
402     the charter school levy imposed under Section 53A-1a-513.1.
403          (b) A local school board is not required to comply with the notice and public hearing
404     requirements of Section 59-2-919 for an offset described in Subsection (5)(a) to the Ĥ→ [increase]
404a     change ←Ĥ in
405     revenues from the charter school levy imposed under Section 53A-1a-513.1.
406          (c) A local school board may not increase a board local levy rate under this section
407     before December 31, 2016, if the local school board did not give public notice on or before
408     March 4, 2016, of the local school board's intent to increase the board local levy rate.
409          (d) Ŝ→ [A] So long as the charter school levy rate does not exceed 25% of the charter
409a     school levy per district revenues, a ←Ŝ local school board may not increase a board local levy rate
409b     under this section if
410     the Ĥ→ [sole] ←Ĥ purpose of increasing the board local levy rate is to Ĥ→ [recapture]
410b     capture ←Ĥ Ĥ→ [revenue lost
410a     from] ←Ĥ the
411     Ĥ→ [decrease] Ŝ→ [adjustment] ←Ĥ revenues assigned to the charter school levy through the
411a1     adjustment ←Ŝ in a board local levy rate under Subsection (5)(a).
411a      Ĥ→ (e) Before a local school board Ŝ→ [increases] takes action to increase ←Ŝ a board local
411a1     levy rate under this section, the
411b     local school board shall:
411c     (i) prepare a written statement that attests that the local school board is Ŝ→ [not increasing the
411d     board local levy rate for the purpose of capturing the adjustment of the local school board's
411e     local levy rate under Subsection (5)(a)] in compliance with Subsection (5)(d) ←Ŝ ;
411f     (ii) read the statement described in Subsection (5)(e)(i) during a local school board public
411g     meeting where the local school board discusses increasing the board local levy rate; and
411h     (iii) send a copy of the statement described in Subsection (5)(e)(i) to the State Tax
411i     Commission.           ←Ĥ
412          Section 6. Section 63I-2-253 is amended to read:
413          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
414          (1) Section 53A-1-403.5 is repealed July 1, 2017.
415          (2) Subsection 53A-1-410(5) is repealed July 1, 2015.
416          (3) Section 53A-1-411 is repealed July 1, 2017.
417          (4) Subsection 53A-1a-513(4) is repealed July 1, 2017.
418          [(4)] (5) Section 53A-1a-513.5 is repealed July 1, 2017.
419          [(5)] (6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
420          [(6)] (7) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
421     repealed July 1, 2017.
422          Section 7. Effective date.
423          This bill takes effect on July 1, 2016.