Bill Summary – FastDemocracy

Enrolled Copy                                                                        S.B. 104
                      LOCAL EDUCATION LEVY STATE GUARANTEE
                                            AMENDMENTS
                                       2020 GENERAL SESSION
                                           STATE OF UTAH
                               Chief Sponsor: Lincoln Fillmore
                                 House Sponsor: Bradley G. Last
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 LONG TITLE
 General Description:
        This bill provides for an increase in the guaranteed amount per guaranteed local levy
 increment in certain circumstances.
 Highlighted Provisions:
        This bill:
        < provides for an increase in the guaranteed amount per guaranteed local levy
 increment in certain circumstances; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53F-2-601, as last amended by Laws of Utah 2019, Chapter 186
24
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53F-2-601 is amended to read:
        53F-2-601. State guaranteed local levy increments -- Appropriation to increase
 number of guaranteed local levy increments -- No effect of change of minimum basic tax
       S.B. 104
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 rate -- Voted and board local levy funding balance -- Use of guaranteed local levy
 increment funds.
          (1) As used in this section:
          (a) "Board local levy" means a local levy described in Section 53F-8-302.
          (b) "Guaranteed local levy increment" means a local levy increment guaranteed by the
 state:
          (i) for the board local levy, described in Subsections (2)(a)(ii)(A) and (2)(b)(ii)(B); or
          (ii) for the voted local levy, described in Subsections (2)(a)(ii)(B) and (2)(b)(ii)(A).
          (c) "Local levy increment" means .0001 per dollar of taxable value.
          (d) (i) "Voted and board local levy funding balance" means the difference between:
          (A) the amount appropriated for the guaranteed local levy increments in a fiscal year;
 and
          (B) the amount necessary to fund in the same fiscal year the guaranteed local levy
 increments as determined under this section.
          (ii) "Voted and board local levy funding balance" does not include appropriations
 described in Subsection (2)(b)(i).
          (e) "Voted local levy" means a local levy described in Section 53F-8-301.
          (2) (a) (i) In addition to the revenue collected from the imposition of a voted local levy
 or a board local levy, the state shall guarantee that a school district receives, subject to
 Subsections (2)(b)(ii)(C) and (3)(a), for each guaranteed local levy increment, an amount
 sufficient to guarantee for a fiscal year that begins on July 1, 2018, $43.10 per weighted pupil
 unit.
          (ii) Except as provided in Subsection (2)(b)(ii), the number of local levy increments
 that are subject to the guarantee amount described in Subsection (2)(a)(i) are:
          (A) for a board local levy, the first four local levy increments a local school board
 imposes under the board local levy; and
          (B) for a voted local levy, the first 16 local levy increments a local school board
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       Enrolled Copy                                                                            S.B. 104
 imposes under the voted local levy.
        (b) (i) Subject to future budget constraints and Subsection (2)(c), the Legislature shall
 annually appropriate money from the Local Levy Growth Account established in Section
 53F-9-305 for purposes described in Subsection (2)(b)(ii).
        (ii) The state board shall, for a fiscal year beginning on or after July 1, 2018, and
 subject to Subsection (2)(c), allocate funds appropriated under Subsection (2)(b)(i) in the
 following order of priority by increasing:
        (A) by up to four increments the number of voted local levy guaranteed local levy
 increments above 16;
        (B) by up to 16 increments the number of board local levy guaranteed local levy
 increments above four; and
        (C) the guaranteed amount described in Subsection (2)(a)(i).
        (c) The number of guaranteed local levy increments under this Subsection (2) for a
 school district may not exceed 20 guaranteed local levy increments, regardless of whether the
 guaranteed local levy increments are from the imposition of a voted local levy, a board local
 levy, or a combination of the two.
        (d) (i) As used in this Subsection (2)(d), "cost for the guarantee" means the total cost
 for the guarantee described in this section, excluding the cost of the adjustments described in
 Subsection (2)(b)(ii).
        (ii) In addition to an appropriation for the adjustment described in Subsection (2)(b)(ii),
 if the state cost for the guarantee for the upcoming fiscal year is less than the amount
 appropriated for the cost for the guarantee for the current fiscal year, the Legislature may
 appropriate an additional amount to fund all or part of the difference.
        (iii) The state board shall allocate an appropriation described in Subsection (2)(d)(ii) to
 increase the guarantee amount for each guaranteed local levy increment.
        (3) (a) The guarantee described in Subsection (2)(a)(i) is indexed each year to the value
 of the weighted pupil unit by making the value of the guarantee equal to .011962 times the
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        S.B. 104
                                                                                         Enrolled Copy
 value of the prior year's weighted pupil unit.
         (b) The guarantee shall increase by .0005 times the value of the prior year's weighted
 pupil unit for each year subject to the Legislature appropriating funds for an increase in the
 guarantee.
         (4) (a) The amount of state guarantee money that a school district would otherwise be
 entitled to receive under this section may not be reduced for the sole reason that the school
 district's board local levy or voted local levy is reduced as a consequence of changes in the
 certified tax rate under Section 59-2-924 pursuant to changes in property valuation.
         (b) Subsection (4)(a) applies for a period of five years following a change in the
 certified tax rate as described in Subsection (4)(a).
         (5) The guarantee provided under this section does not apply to the portion of a voted
 local levy rate that exceeds the voted local levy rate that was in effect for the previous fiscal
 year, unless an increase in the voted local levy rate was authorized in an election conducted on
 or after July 1 of the previous fiscal year and before December 2 of the previous fiscal year.
         (6) (a) If a voted and board local levy funding balance exists for the prior fiscal year,
 the state board shall:
         (i) use the voted and board local levy funding balance to increase the value of the state
 guarantee per weighted pupil unit described in Subsection (3)(a) in the current fiscal year; and
         (ii) distribute guaranteed local levy increment funds to school districts based on the
 increased value of the state guarantee per weighted pupil unit described in Subsection (6)(a)(i).
         (b) The state board shall report action taken under Subsection (6)(a) to the Office of the
 Legislative Fiscal Analyst and the Governor's Office of Management and Budget.
         (7) A local school board of a school district that receives funds described in this section
 shall budget and expend the funds for public education purposes.
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Statutes affected: 
Introduced: 53F-2-601
Amended: 53F-2-601
Enrolled: 53F-2-601