1     
PUBLIC EDUCATION FUNDING STABILIZATION

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill provides for growth and stabilization in public education funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends the allowable purposes for the capital local levy in certain circumstances;
14          ▸     provides for the Minimum School Program to be funded from the Uniform School
15     Fund;
16          ▸     provides for ongoing funding, including an additional amount for enrollment growth
17     and inflation, for the Minimum School Program;
18          ▸     provides for funding to and appropriations from a restricted account to stabilize
19     education funding in circumstances in which revenues are insufficient to fund the
20     public education system;
21          ▸     provides for certain tax revenue to be distributed to the Uniform School Fund; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:

29          53F-8-303, as last amended by Laws of Utah 2018, Chapters 281, 288, 456 and
30     renumbered and amended by Laws of Utah 2018, Chapter 2
31          53F-9-201, as last amended by Laws of Utah 2019, Chapter 191
32          53F-9-204, as renumbered and amended by Laws of Utah 2018, Chapter 2
33          59-7-532, as last amended by Laws of Utah 2007, Chapter 122
34          59-10-544, as last amended by Laws of Utah 2009, Chapter 212
35     ENACTS:
36          53F-2-208, Utah Code Annotated 1953
37          53F-9-201.1, Utah Code Annotated 1953
38     REPEALS:
39          53F-9-202, as last amended by Laws of Utah 2019, Chapter 186
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 53F-2-208 is enacted to read:
43          53F-2-208. Cost of adjustments for growth and inflation.
44          (1) In accordance with Subsection (2), the Legislature shall annually determine:
45          (a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
46     rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
47     to the following programs:
48          (i) education for youth in custody, described in Section 53E-3-503;
49          (ii) the Basic Program, described in Title 53F, Chapter 2, Part 3, Basic Program
50     (Weighted Pupil Units), except for charter school administration described in Section
51     53F-2-306;
52          (iii) the Adult Education Program, described in Section 53F-2-401;
53          (iv) state support of pupil transportation, described in Section 53F-4-402;
54          (v) the Enhancement for Accelerated Students Program, described in Section
55     53F-2-408;

56          (vi) the Concurrent Enrollment Program, described in Section 53F-2-409;
57          (vii) the Enhancement for At-Risk Students Program, described in Section 53F-2-410;
58     and
59          (viii) Centennial Scholarships, described in Section 53F-2-501; and
60          (b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
61     the current fiscal year's ongoing state tax fund appropriations to the following programs:
62          (i) a program described in Subsection (1)(a), including charter school administration
63     described in Section 53F-2-306;
64          (ii) educator salary adjustments, described in Section 53F-2-405;
65          (iii) the Teacher Salary Supplement Program, described in Section 53F-2-504;
66          (iv) the Voted and Board Local Levy Guarantee programs, described in Section
67     53F-2-601; and
68          (v) charter school local replacement funding, described in Section 53F-2-702.
69          (2) (a) In or before December each year, the Executive Appropriations Committee shall
70     determine:
71          (i) the cost of the inflation adjustment described in Subsection (1)(a); and
72          (ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
73          (b) The Executive Appropriations Committee shall make the determinations described
74     in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
75     Fiscal Analyst, in consultation with the state board and the Governor's Office of Management
76     and Budget.
77          Section 2. Section 53F-8-303 is amended to read:
78          53F-8-303. Capital local levy.
79          (1) As used in this section:
80          (a) "Cost of the basic program" means the cost of the programs described in Title 53F,
81     Chapter 2, Part 3, Basic Program (Weighted Pupil Units) in a school district.
82          (b) "Low-revenue year" means a fiscal year for which the Legislature appropriates

83     ongoing funding from the Public Education Economic Stabilization Restricted Account under
84     Subsection 53F-9-204(3)(b).
85          [(1)] (2) Subject to the other requirements of this section, a local school board may
86     levy a tax to fund the school district's:
87          (a) capital projects; [or]
88          (b) technology programs or projects[.]; or
89          (c) subject to Subsection (4), operational expenses for a low-revenue year.
90          [(2)] (3) A tax rate imposed by a school district pursuant to this section may not exceed
91     .0030 per dollar of taxable value in any calendar year.
92          (4) For a low-revenue year, a local school board may transfer an amount of revenue
93     from the school district's capital project fund to the school district's general fund for the local
94     school board's school district for operational expenses in an amount equal to:
95          (a) for a local school board in a county of the first, second, or third class, revenue
96     generated by up to .0002 per dollar of taxable value of the capital local levy; or
97          (b) for a local school board in a county of the fourth, fifth, or sixth class, up to the
98     lesser of:
99          (i) 10% of the cost of the basic program; or
100          (ii) 25% of the revenue that the school district's capital local levy generates.
101          (5) The state board shall notify local school boards, school district superintendents, and
102     business administrators in the event of a low-revenue year.
103          Section 3. Section 53F-9-201 is amended to read:
104          53F-9-201. Uniform School Fund -- Contents -- Trust Distribution Account.
105          (1) As used in this section:
106          (a) "Annual distribution calculation" means, for a given fiscal year, the average of:
107          (i) 4% of the average market value of the State School Fund for that fiscal year; and
108          (ii) the distribution amount for the prior fiscal year, multiplied by the sum of:
109          (A) one;

110          (B) the percent change in student enrollment from the school year two years prior to
111     the prior school year; and
112          (C) the actual total percent change of the consumer price index during the last 12
113     months as measured in June of the prior fiscal year.
114          (b) "Average market value of the State School Fund" means the results of a calculation
115     completed by the SITFO director each fiscal year that averages the value of the State School
116     Fund for the past 12 consecutive quarters ending in the prior fiscal year.
117          (c) "Consumer price index" means the Consumer Price Index for All Urban
118     Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of
119     the United States Department of Labor.
120          (d) "SITFO director" means the director of the School and Institutional Trust Fund
121     Office appointed under Section 53D-1-401.
122          (e) "State School Fund investment earnings distribution amount" or "distribution
123     amount" means, for a fiscal year, the lesser of:
124          (i) the annual distribution calculation; or
125          (ii) 4% of the average market value of the State School Fund.
126          (2) The Uniform School Fund, a special revenue fund within the Education Fund,
127     established by Utah Constitution, Article X, Section 5, consists of:
128          (a) distributions derived from the investment of money in the permanent State School
129     Fund established by Utah Constitution, Article X, Section 5;
130          (b) money transferred to the fund pursuant to Title 67, Chapter 4a, Revised Uniform
131     Unclaimed Property Act; and
132          (c) all other constitutional or legislative allocations to the fund, including:
133          (i) appropriations for the Minimum School Program, enrollment growth, and inflation
134     under Section 53F-9-201.1; and
135          (ii) revenues received by donation.
136          (3) (a) There is created within the Uniform School Fund a restricted account known as

137     the Trust Distribution Account.
138          (b) The Trust Distribution Account consists of:
139          (i) in accordance with Subsection (4), quarterly deposits of the State School Fund
140     investment earnings distribution amount from the prior fiscal year;
141          (ii) all interest earned on the Trust Distribution Account in the prior fiscal year; and
142          (iii) any unused appropriation for the administration of the School LAND Trust
143     Program, as described in Subsection 53F-2-404(1)(c).
144          (4) If, at the end of a fiscal year, the Trust Distribution Account has a balance
145     remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a)
146     for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount
147     of the remaining balance from the prior fiscal year toward the current fiscal year's distribution
148     amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the
149     remaining balance from the prior fiscal year.
150          (5) On or before October 1 of each year, the SITFO director shall:
151          (a) in accordance with this section, determine the distribution amount for the following
152     fiscal year; and
153          (b) report the amount described in Subsection (5)(a) as the funding amount, described
154     in Subsection 53F-2-404(1)(c), for the School LAND Trust Program, to:
155          (i) the State Treasurer;
156          (ii) the Legislative Fiscal Analyst;
157          (iii) the Division of Finance;
158          (iv) the director of the Land Trusts Protection and Advocacy Office, appointed under
159     Section 53D-2-203;
160          (v) the School and Institutional Trust Lands Administration created in Section
161     53C-1-201;
162          (vi) the State Board of Education; and
163          (vii) the Governor's Office of Management and Budget.

164          (6) The School and Institutional Trust Fund Board of Trustees created in Section
165     53D-1-301 shall:
166          (a) annually review the distribution amount; and
167          (b) make recommendations, if necessary, to the Legislature for changes to the formula
168     for calculating the distribution amount.
169          (7) Upon appropriation by the Legislature, the SITFO director shall place in the Trust
170     Distribution Account funds for the School LAND Trust Program as described in Subsections
171     53F-2-404(1)(a) and (c).
172          Section 4. Section 53F-9-201.1 is enacted to read:
173          53F-9-201.1. Appropriations to the Minimum School Program from the Uniform
174     School Fund.
175          (1) As used in this section:
176          (a) "Base budget" means the same as that term is defined in legislative rule.
177          (b) "Enrollment growth and inflation estimates" means the cost estimates regarding
178     enrollment growth and inflation described in Section 53F-2-208.
179          (2) Except as provided in Subsection 53F-9-204(3), for a fiscal year beginning on or
180     after July 1, 2021, when preparing the Public Education Base Budget, the Office of the
181     Legislative Fiscal Analyst shall include appropriations to the Minimum School Program from
182     the Uniform School Fund, and, subject to Subsection 53F-9-204(3), the Public Education
183     Economic Stabilization Restricted Account, in an amount that is greater than or equal to the
184     sum of:
185          (a) the ongoing Education Fund and Uniform School Fund appropriations to the
186     Minimum School Program in the current fiscal year; and
187          (b) subject to Subsection 53F-9-204(3)(b), enrollment growth and inflation estimates.
188          (3) The total annual amount deposited into the Uniform School Fund, including the
189     deposits through the distributions described in Sections 59-7-532 and 59-10-544, for a given
190     fiscal year may not exceed the amount appropriated from the Uniform School Fund for that

191     fiscal year.
192          Section 5. Section 53F-9-204 is amended to read:
193          53F-9-204. Public Education Economic Stabilization Restricted Account.
194          (1) There is created within the Uniform School Fund a restricted account known as the
195     "[Growth in Student Population] Public Education Economic Stabilization Restricted
196     Account."
197          (2) (a) [The] Except as provided in Subsection (2)(b), the account shall be funded from
198     the following revenue sources:
199          [(a) any voluntary contributions received to help alleviate the anticipated surge in
200     student growth in public elementary and secondary schools during the early part of the 21st
201     Century; and]
202          [(b) appropriations made to the fund by the Legislature.]
203          [(3) The account shall be used to help school districts meet the challenges created by
204     anticipated significant increases in student growth in the state's public schools.]
205          (i) 15% of the difference between, as determined by the Office of the Legislative Fiscal
206     Analyst:
207          (A) the estimated amount of ongoing Education Fund and Uniform School Fund
208     revenue available for the Legislature to appropriate for the next fiscal year; and
209          (B) the amount of ongoing appropriations from the Education Fund and Uniform
210     School Fund in the current fiscal year; and
211          (ii) other appropriations as the Legislature may designate.
212          (b) If the appropriation described in Subsection (2)(a) would cause the ongoing
213     appropriations to the account to exceed 11% of Uniform School Fund appropriations described
214     in Section 53F-9-201.1 for the same fiscal year, the Legislature shall appropriate only those
215     funds necessary to ensure that the ongoing appropriations to the account equal 11% of Uniform
216     School Fund appropriations for that fiscal year.
217          (3) Subject to the availability of ongoing appropriations to the account, in accordance

218     with Utah Constitution, Article X, Section 5, Subsection (4), the ongoing appropriation to the
219     account shall be used to fund:
220          (a) except for a year described in Subsection (3)(b), one-time appropriations to the
221     public education system; and
222          (b) the Minimum School Program for a year in which Education Fund revenue and
223     Uniform School Fund revenue are insufficient to fund:
224          (i) ongoing appropriations to the public education system; and
225          (ii) enrollment growth and inflation estimates, as defined in Section 53F-9-201.1.
226          (4) (a) The account shall earn interest.
227          (b) All interest earned on account money shall be deposited in the account.
228          (5) On or before December 31, 2023, and every three years thereafter, the Office of the
229     Legislative Fiscal Analyst shall:
230          (a) review the percentages described in Subsections (2)(a)(i) and (2)(b); and
231          (b) recommend to the Executive Appropriations Subcommittee any changes based on
232     the review described in Subsection (5)(a).
233          Section 6. Section 59-7-532 is amended to read:
234          59-7-532. Revenue received by commission -- Deposit with state treasurer --
235     Distribution or crediting to Education Fund -- Refund claim payments.
236          (1) (a) [All] The commission shall deposit at least quarterly all revenue collected or
237     received by the commission under this chapter [shall be deposited daily] with the state
238     treasurer. [Such revenue]
239          (b) The commission shall, subject to the refund provisions of this section, [shall be
240     periodically distributed or credited] distribute or credit, at least quarterly and based on a pro
241     rata share of Education Fund and Uniform School Fund appropriations for the current fiscal
242     year, the revenue described in Subsection (1)(a) to:
243          (i) the Education Fund[.]; and
244          (ii) the Uniform School Fund in accordance with Section 53F-9-201.1.

245          (c) The commission may credit to or draw from the Education Fund and the Uniform
246     School Fund:
247          (i) annually to adjust for differences between estimates and actual amounts; or
248          (ii) in the proportion described in Subsection (1)(b) to issue a refund.
249          (2) The commission shall from time to time certify to the state auditor the amount of
250     any refund authorized by it, the amount of interest computed on it under the provisions of
251     Section 59-7-533, from whom the tax to be refunded was collected, or by whom it was paid,
252     and such refund claims shall be paid in order out of the funds first accruing to the Education
253     Fund from the provisions of this section.
254          Section 7. Section 59-10-544 is amended to read:
255          59-10-544. General powers and duties of the commission -- Deposit, distribution,
256     or credit of revenues -- Refund reverts to state under certain circumstances.
257          (1) (a) The commission shall administer and enforce a tax imposed under this chapter
258     for which purpose it may divide the state into districts in each of which a branch office of the
259     commission may be maintained.
260          (b) A county may not be divided in forming a district.
261          (2) (a) The commission shall [daily] deposit at least quarterly all revenue collected or
262     received by the commission under this chapter with the state treasurer.
263          (b) Subject to Sections 59-10-529 and 59-10-531, the [balance of the revenue described
264     in Subsection (2)(a)] commission shall [be periodically distributed and credited] distribute and
265     credit, at least quarterly and based on a pro rata share of Education Fund and Uniform School
266     Fund appropriations for the current fiscal year, the revenue described in Subsection (2)(a) to:
267          (i) the Education Fund[.]; and
268          (ii) the Uniform School Fund in accordance with Section 53F-9-201.1.
269          (c) The commission may credit to or draw from the Education Fund and the Uniform
270     School Fund:
271          (i) annually to adjust for differences between estimates and actual amounts; or

272          (ii) in the proportion described in Subsection (2)(b) to issue a refund.
273          [(c)] (d) If a refund the commission makes is not claimed within two years from the
274     date the commission issues the refund:
275          (i) the refund reverts to the state to be credited to the Education Fund; and
276          (ii) no further claim may be made on the commission for the amount of the refund.
277          Section 8. Repealer.
278          This bill repeals:
279          Section 53F-9-202, Duty of Division of Finance -- Apportionment of fund by state
280     board -- Certification of apportionments.
281          Section 9. Effective date.
282          This bill takes effect January 1, 2021, if the amendment to the Utah Constitution
283     proposed by S.J.R. 9, Proposal to Amend Utah Constitution - Use of Tax Revenue, 2020
284     General Session, passes the Legislature and is approved by a majority of those voting on it at
285     the next regular general election.