1     
EDUCATION FUNDING AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K. Thurston

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding public education funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes a limit on the amount of an increase to the value of the weighted pupil
13     unit funded through the weighted pupil unit value tax rate; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53F-2-301, as last amended by Laws of Utah 2018, Chapters 6, 456 and renumbered
22     and amended by Laws of Utah 2018, Chapter 2
23          53F-2-301.5, as last amended by Laws of Utah 2019, Chapter 408
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 53F-2-301 is amended to read:
27          53F-2-301. Minimum basic tax rate for a fiscal year that begins after July 1, 2022.

28          (1) The provisions of this section are not in effect for a fiscal year that begins on July 1,
29     2018, 2019, 2020, 2021, or 2022.
30          (2) As used in this section:
31          (a) "Basic levy increment rate" means a tax rate that will generate an amount of
32     revenue equal to $75,000,000.
33          (b) "Combined basic rate" means a rate that is the sum of:
34          (i) the minimum basic tax rate; and
35          (ii) the WPU value rate.
36          (c) "Commission" means the State Tax Commission.
37          (d) "Equity pupil tax rate" means the tax rate that will generate an amount of revenue
38     equal to the amount generated by the equity pupil tax rate as defined in Section 53F-2-301.5 in
39     the fiscal year that begins July 1, 2022.
40          (e) "Minimum basic local amount" means an amount that is:
41          (i) equal to the sum of:
42          (A) the school districts' contribution to the basic school program the previous fiscal
43     year;
44          (B) the amount generated by the basic levy increment rate;
45          (C) the amount generated by the equity pupil tax rate; and
46          (D) the eligible new growth, as defined in Section 59-2-924 and rules of the State Tax
47     Commission multiplied by the minimum basic rate; and
48          (ii) set annually by the Legislature in Subsection (3)(a).
49          (f) "Minimum basic tax rate" means a tax rate certified by the commission that will
50     generate an amount of revenue equal to the minimum basic local amount described in
51     Subsection (3)(a).
52          (g) "Weighted pupil unit value" or "WPU value" means the amount established each
53     year in the enacted public education budget that is multiplied by the number of weighted pupil
54     units to yield the funding level for the basic school program.
55          (h) "WPU value amount" means an amount:
56          (i) that is equal to the product of:
57          (A) [the total cost to the basic school program to increase the WPU value over] the
58     WPU value [in the immediately preceding fiscal year] increase limit; and

59          (B) the percentage share of local revenue to the cost of the basic school program in the
60     immediately preceding fiscal year; and
61          (ii) set annually by the Legislature in Subsection (4)(a).
62          (i) "WPU value increase limit" means the lesser of:
63          (i) the total cost to the basic school program to increase the WPU value over the WPU
64     value in the prior fiscal year; or
65          (ii) the total cost to the basic school program to increase the WPU value by 4% over
66     the WPU value in the prior fiscal year.
67          [(i)] (j) "WPU value rate" means a tax rate certified by the commission that will
68     generate an amount of revenue equal to the WPU value amount described in Subsection (4)(a).
69          (3) (a) The minimum basic local amount for the fiscal year that begins on July 1, 2018,
70     is $408,073,800 in revenue statewide.
71          (b) The preliminary estimate of the minimum basic tax rate for a fiscal year that begins
72     on July 1, 2018, is .001498.
73          (4) (a) The WPU value amount for the fiscal year that begins on July 1, 2018, is
74     $18,650,000 in revenue statewide.
75          (b) The preliminary estimate of the WPU value rate for the fiscal year that begins on
76     July 1, 2018, is .000069.
77          (5) (a) On or before June 22, the commission shall certify for the year:
78          (i) the minimum basic tax rate; and
79          (ii) the WPU value rate.
80          (b) The estimate of the minimum basic tax rate provided in Subsection (3)(b) and the
81     estimate of the WPU value rate provided in Subsection (4)(b) are based on a forecast for
82     property values for the next calendar year.
83          (c) The certified minimum basic tax rate described in Subsection (5)(a)(i) and the
84     certified WPU value rate described in Subsection (5)(a)(ii) are based on property values as of
85     January 1 of the current calendar year, except personal property, which is based on values from
86     the previous calendar year.
87          (6) (a) To qualify for receipt of the state contribution toward the basic school program
88     and as a school district's contribution toward the cost of the basic school program for the school
89     district, each local school board shall impose the combined basic rate.

90          (b) (i) The state is not subject to the notice requirements of Section 59-2-926 before
91     imposing the tax rates described in this Subsection (6).
92          (ii) (A) Except as provided in Subsection (6)(b)(ii)(B), the state is subject to the notice
93     requirements of Section 59-2-926 if the state authorizes a tax rate that exceeds the tax rates
94     described in this Subsection (6).
95           (B) For a calendar year that begins on January 1, 2018, the state is not subject to the
96     notice and public hearing requirements of Section 59-2-926 if the state authorizes a combined
97     basic rate that exceeds the tax rates authorized in this section.
98          (7) (a) The state shall contribute to each school district toward the cost of the basic
99     school program in the school district an amount of money that is the difference between the
100     cost of the school district's basic school program and the sum of revenue generated by the
101     school district by the following:
102          (i) the combined basic rate;
103          (ii) the basic levy increment rate; and
104          (iii) the equity pupil tax rate.
105          (b) (i) If the difference described in Subsection (7)(a) equals or exceeds the cost of the
106     basic school program in a school district, no state contribution shall be made to the basic
107     school program for the school district.
108          (ii) The proceeds of the difference described in Subsection (7)(a) that exceed the cost
109     of the basic school program shall be paid into the Uniform School Fund as provided by law and
110     by the close of the fiscal year in which the proceeds were calculated.
111          (8) Upon appropriation by the Legislature, the Division of Finance shall deposit an
112     amount equal to the proceeds generated statewide:
113          (a) by the basic levy increment rate into the Minimum Basic Growth Account created
114     in Section 53F-9-302;
115          (b) by the equity pupil tax rate into the Local Levy Growth Account created in Section
116     53F-9-305; and
117          (c) by the WPU value rate into the Teacher and Student Success Account created in
118     Section 53F-9-306.
119          (9) After July 1, 2022, but before November 30, 2022, the Public Education
120     Appropriations Subcommittee:

121          (a) shall review the WPU value rate, the impact of revenues generated by the WPU
122     value rate on public education funding, and whether local school boards should continue to
123     levy the WPU value rate; and
124          (b) may recommend an increase, repeal, or continuance of the WPU value rate.
125          Section 2. Section 53F-2-301.5 is amended to read:
126          53F-2-301.5. Minimum basic tax rate for a fiscal year that begins on July 1, 2018,
127     2019, 2020, 2021, or 2022.
128          (1) The provisions of this section are in effect for a fiscal year that begins before July 1,
129     2023.
130          (2) As used in this section:
131          (a) "Basic levy increment rate" means a tax rate that will generate an amount of
132     revenue equal to $75,000,000.
133          (b) "Combined basic rate" means a rate that is the sum of:
134          (i) the rate floor; and
135          (ii) the WPU value rate.
136          (c) "Commission" means the State Tax Commission.
137          (d) "Equity pupil tax rate" means the tax rate that is:
138          (i) calculated by subtracting the minimum basic tax rate from the rate floor; or
139          (ii) zero, if the rate calculated in accordance with Subsection (2)(d)(i) is zero or less.
140          (e) "Minimum basic local amount" means an amount that is:
141          (i) equal to the sum of:
142          (A) the school districts' contribution to the basic school program the previous fiscal
143     year;
144          (B) the amount generated by the basic levy increment rate; and
145          (C) the eligible new growth, as defined in Section 59-2-924 and rules of the State Tax
146     Commission multiplied by the minimum basic tax rate; and
147          (ii) set annually by the Legislature in Subsection (3)(a).
148          (f) "Minimum basic tax rate" means a tax rate certified by the commission that will
149     generate an amount of revenue equal to the minimum basic local amount described in
150     Subsection (3)(a).
151          (g) "Rate floor" means a rate that is the greater of:

152          (i) a .0016 tax rate; or
153          (ii) the minimum basic tax rate.
154          (h) "Weighted pupil unit value" or "WPU value" means the amount established each
155     year in the enacted public education budget that is multiplied by the number of weighted pupil
156     units to yield the funding level for the basic school program.
157          (i) "WPU value amount" means an amount that is:
158          (i) equal to the product of:
159          (A) [the total cost to the basic school program to increase the WPU value over] the
160     WPU value [in the prior fiscal year] increase limit; and
161          (B) the percentage share of local revenue to the cost of the basic school program in the
162     prior fiscal year; and
163          (ii) set annually by the Legislature in Subsection (4)(a).
164          (j) "WPU value increase limit" means the lesser of:
165          (i) the total cost to the basic school program to increase the WPU value over the WPU
166     value in the prior fiscal year; or
167          (ii) the total cost to the basic school program to increase the WPU value by 4% over
168     the WPU value in the prior fiscal year.
169          [(j)] (k) "WPU value rate" means a tax rate certified by the commission that will
170     generate an amount of revenue equal to the WPU value amount described in Subsection (4)(a).
171          (3) (a) The minimum basic local amount for the fiscal year that begins on July 1, 2019,
172     is $490,684,600 in revenue statewide.
173          (b) The preliminary estimate for the minimum basic tax rate for the fiscal year that
174     begins on July 1, 2019, is .001588.
175          (4) (a) The WPU value amount for the fiscal year that begins on July 1, 2019, is
176     $18,800,000 in revenue statewide.
177          (b) The preliminary estimate for the WPU value rate for the fiscal year that begins on
178     July 1, 2019, is .000061.
179          (5) (a) On or before June 22, the commission shall certify for the year:
180          (i) the minimum basic tax rate; and
181          (ii) the WPU value rate.
182          (b) The estimate of the minimum basic tax rate provided in Subsection (3)(b) and the

183     estimate of the WPU value rate provided in Subsection (4)(b) is based on a forecast for
184     property values for the next calendar year.
185          (c) The certified minimum basic tax rate described in Subsection (5)(a)(i) and the
186     certified WPU value rate described in Subsection (5)(a)(ii) are based on property values as of
187     January 1 of the current calendar year, except personal property, which is based on values from
188     the previous calendar year.
189          (6) (a) To qualify for receipt of the state contribution toward the basic school program
190     and as a school district's contribution toward the cost of the basic school program for the school
191     district, a local school board shall impose the combined basic rate.
192          (b) (i) The state is not subject to the notice requirements of Section 59-2-926 before
193     imposing the tax rates described in this Subsection (6).
194          (ii) The state is subject to the notice requirements of Section 59-2-926 if the state
195     authorizes a tax rate that exceeds the tax rates described in this Subsection (6).
196          (7) (a) The state shall contribute to each school district toward the cost of the basic
197     school program in the school district an amount of money that is the difference between the
198     cost of the school district's basic school program and the sum of the revenue generated by the
199     school district by the following:
200          (i) the minimum basic tax rate;
201          (ii) the basic levy increment rate;
202          (iii) the equity pupil tax rate; and
203          (iv) the WPU value rate.
204          (b) (i) If the difference described in Subsection (7)(a) equals or exceeds the cost of the
205     basic school program in a school district, no state contribution shall be made to the basic
206     school program for the school district.
207          (ii) The proceeds of the difference described in Subsection (7)(a) that exceed the cost
208     of the basic school program shall be paid into the Uniform School Fund as provided by law and
209     by the close of the fiscal year in which the proceeds were calculated.
210          (8) Upon appropriation by the Legislature, the Division of Finance shall deposit an
211     amount equal to the proceeds generated statewide:
212          (a) by the basic levy increment rate into the Minimum Basic Growth Account created
213     in Section 53F-9-302;

214          (b) by the equity pupil tax rate into the Local Levy Growth Account created in Section
215     53F-9-305; and
216          (c) by the WPU value rate into the Teacher and Student Success Account created in
217     Section 53F-9-306.