Senator Lincoln Fillmore proposes the following substitute bill:


1     
LOCAL EDUCATION LEVY STATE GUARANTEE

2     
AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Lincoln Fillmore

6     
House Sponsor: Bradley G. Last

7     

8     LONG TITLE
9     General Description:
10          This bill provides for an increase in the guaranteed amount per guaranteed local levy
11     increment in certain circumstances.
12     Highlighted Provisions:
13          This bill:
14          ▸     provides for an increase in the guaranteed amount per guaranteed local levy
15     increment in certain circumstances; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53F-2-601, as last amended by Laws of Utah 2019, Chapter 186
24     

25     Be it enacted by the Legislature of the state of Utah:

26          Section 1. Section 53F-2-601 is amended to read:
27          53F-2-601. State guaranteed local levy increments -- Appropriation to increase
28     number of guaranteed local levy increments -- No effect of change of minimum basic tax
29     rate -- Voted and board local levy funding balance -- Use of guaranteed local levy
30     increment funds.
31          (1) As used in this section:
32          (a) "Board local levy" means a local levy described in Section 53F-8-302.
33          (b) "Guaranteed local levy increment" means a local levy increment guaranteed by the
34     state:
35          (i) for the board local levy, described in Subsections (2)(a)(ii)(A) and (2)(b)(ii)(B); or
36          (ii) for the voted local levy, described in Subsections (2)(a)(ii)(B) and (2)(b)(ii)(A).
37          (c) "Local levy increment" means .0001 per dollar of taxable value.
38          (d) (i) "Voted and board local levy funding balance" means the difference between:
39          (A) the amount appropriated for the guaranteed local levy increments in a fiscal year;
40     and
41          (B) the amount necessary to fund in the same fiscal year the guaranteed local levy
42     increments as determined under this section.
43          (ii) "Voted and board local levy funding balance" does not include appropriations
44     described in Subsection (2)(b)(i).
45          (e) "Voted local levy" means a local levy described in Section 53F-8-301.
46          (2) (a) (i) In addition to the revenue collected from the imposition of a voted local levy
47     or a board local levy, the state shall guarantee that a school district receives, subject to
48     Subsections (2)(b)(ii)(C) and (3)(a), for each guaranteed local levy increment, an amount
49     sufficient to guarantee for a fiscal year that begins on July 1, 2018, $43.10 per weighted pupil
50     unit.
51          (ii) Except as provided in Subsection (2)(b)(ii), the number of local levy increments
52     that are subject to the guarantee amount described in Subsection (2)(a)(i) are:
53          (A) for a board local levy, the first four local levy increments a local school board
54     imposes under the board local levy; and
55          (B) for a voted local levy, the first 16 local levy increments a local school board
56     imposes under the voted local levy.

57          (b) (i) Subject to future budget constraints and Subsection (2)(c), the Legislature shall
58     annually appropriate money from the Local Levy Growth Account established in Section
59     53F-9-305 for purposes described in Subsection (2)(b)(ii).
60          (ii) The state board shall, for a fiscal year beginning on or after July 1, 2018, and
61     subject to Subsection (2)(c), allocate funds appropriated under Subsection (2)(b)(i) in the
62     following order of priority by increasing:
63          (A) by up to four increments the number of voted local levy guaranteed local levy
64     increments above 16;
65          (B) by up to 16 increments the number of board local levy guaranteed local levy
66     increments above four; and
67          (C) the guaranteed amount described in Subsection (2)(a)(i).
68          (c) The number of guaranteed local levy increments under this Subsection (2) for a
69     school district may not exceed 20 guaranteed local levy increments, regardless of whether the
70     guaranteed local levy increments are from the imposition of a voted local levy, a board local
71     levy, or a combination of the two.
72          (d) (i) As used in this subsection, "cost for the guarantee" means the total cost for the
73     guarantee described in this section, excluding the cost of the adjustments described in
74     Subsection (2)(b)(ii).
75          (ii) In addition to an appropriation for the adjustment described in Subsection (2)(b)(ii),
76     the Legislature shall annually appropriate an amount that is the greater of:
77          (A) the cost for the guarantee for the upcoming fiscal year; or
78          (B) the amount appropriated for the cost for the guarantee for the current fiscal year.
79          (iii) From an appropriation described in Subsection (2)(d)(ii)(B), the state board shall
80     allocate an amount equal to the difference between the amounts described in Subsections
81     (2)(d)(ii)(A) and (B) to increase the guarantee amount for each guaranteed local levy
82     increment.
83          (3) (a) The guarantee described in Subsection (2)(a)(i) is indexed each year to the value
84     of the weighted pupil unit by making the value of the guarantee equal to .011962 times the
85     value of the prior year's weighted pupil unit.
86          (b) The guarantee shall increase by .0005 times the value of the prior year's weighted
87     pupil unit for each year subject to the Legislature appropriating funds for an increase in the

88     guarantee.
89          (4) (a) The amount of state guarantee money that a school district would otherwise be
90     entitled to receive under this section may not be reduced for the sole reason that the school
91     district's board local levy or voted local levy is reduced as a consequence of changes in the
92     certified tax rate under Section 59-2-924 pursuant to changes in property valuation.
93          (b) Subsection (4)(a) applies for a period of five years following a change in the
94     certified tax rate as described in Subsection (4)(a).
95          (5) The guarantee provided under this section does not apply to the portion of a voted
96     local levy rate that exceeds the voted local levy rate that was in effect for the previous fiscal
97     year, unless an increase in the voted local levy rate was authorized in an election conducted on
98     or after July 1 of the previous fiscal year and before December 2 of the previous fiscal year.
99          (6) (a) If a voted and board local levy funding balance exists for the prior fiscal year,
100     the state board shall:
101          (i) use the voted and board local levy funding balance to increase the value of the state
102     guarantee per weighted pupil unit described in Subsection (3)(a) in the current fiscal year; and
103          (ii) distribute guaranteed local levy increment funds to school districts based on the
104     increased value of the state guarantee per weighted pupil unit described in Subsection (6)(a)(i).
105          (b) The state board shall report action taken under Subsection (6)(a) to the Office of the
106     Legislative Fiscal Analyst and the Governor's Office of Management and Budget.
107          (7) A local school board of a school district that receives funds described in this section
108     shall budget and expend the funds for public education purposes.