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Second Substitute H.B. 53
Representative Thomas V. Hatch proposes to substitute the following bill:
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PUBLIC EDUCATION CAPITAL OUTLAY AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Thomas V. Hatch
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AN ACT RELATING TO PUBLIC SCHOOLS; MODIFYING THE CRITERIA AND
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FORMULA FOR DISTRIBUTING CAPITAL OUTLAY FOUNDATION MONIES AND
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EMERGENCY SCHOOL BUILDING AID; AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-21-103, as last amended by Chapter 129, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-21-103
is amended to read:
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53A-21-103. Qualifications for participation in the foundation program --
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Distribution of monies -- Distribution formulas.
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(1) In order for a school district to qualify for monies under the capital outlay foundation
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program established in Subsection
53A-21-102
(1), a local school board must levy a tax rate of [up
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to] at least .0024 per dollar of taxable value for capital outlay and debt service.
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[(2) (a) The State Board of Education shall adopt a rule in accordance with Title 63,
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Chapter 46a, Utah Administrative Rulemaking Act, that allows a school district levying less than
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the full .0024 tax rate to receive proportional funding under the foundation program based upon
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the percentage of the .0024 tax rate levied by the district.]
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[(b) The rules may include hold harmless provisions for up to two years.]
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[(3) (a) Through June 30, 2001, 20% of the monies in the capital outlay foundation
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program shall be used in]
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(2) (a) There is established an emergency school building [needs] aid program.
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(b) [Beginning July 1, 2001, the emergency school building needs] The program shall be
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[terminated and the monies otherwise spent in that program shall be used for the general purposes
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of the capital outlay foundation program] supplementary to the capital outlay foundation program
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established in Subsection
53A-21-102
(1) and funded from monies in the capital outlay foundation
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program.
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(c) The monies designated for the emergency school building aid program shall be limited
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to $2,000 times the sum of the positive growth in the number of students averaged over the prior
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five years in each district as measured by the October 1 enrollment counts.
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(d) To qualify for the emergency school building aid program, a school district must levy
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a tax rate of at least .0024 for capital outlay and debt service, have experienced positive growth
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in its student population over the prior five years as measured by the October 1 enrollment counts,
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and demonstrated a need for emergency aid.
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[(4)] (3) The State Board of Education shall distribute monies in the capital outlay
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foundation program and the emergency school building [needs] aid program in accordance with
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formulas developed by the state superintendent of public instruction.
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(a) The board shall distribute capital outlay foundation monies on the basis of a minimum
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guarantee per three-year average [daily membership] October 1 enrollment as computed by the
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state superintendent of public instruction using the following criteria:
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[(i) available monies; and ]
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[(ii) the assessed valuation per average daily membership in each school district.]
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(i) calculate the net tax yield by multiplying the district's prior year assessed valuation by
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a tax rate of .0042 per dollar of assessed valuation and subtracting the prior three-year average
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bond principal and interest payments;
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(ii) calculate the net yield per student by dividing the net tax yield by the prior three-year
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average October 1 enrollment; and
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(iii) compute revenues available to each district based on the net yield per student subject
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to the total available foundation monies.
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(b) (i) The formula for the emergency school building [needs] aid distribution shall include
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[the following components: (i)] a school district's need, ability, and effort to raise money for
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[school building needs as related to the assessed valuation per student for real property within the
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school district;] new school space based on the following criteria:
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[(ii) need as reflected by:]
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[(A) the current number of students in the school district who are in alternative housing;
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and]
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[(B) growth, both within the district and compared to the state as a whole; and]
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[(iii) the school district's effort to raise money based on:]
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[(A) the district's total tax rate; and]
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[(B) the district's bond and bond interest payments compared to its ability to raise
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revenue.]
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(A) identifying the districts that had a positive five-year average October 1 enrollment
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growth;
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(B) calculating the net tax yield by subtracting the three-year average bond principal and
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interest payments from the district's prior year assessed valuation multiplied by a tax rate of .0042
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per dollar of assessed valuation;
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(C) dividing the net tax yield by the prior three-year average October 1 enrollment and
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excluding districts exceeding $2,000 per student;
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(D) subtracting the net tax yield per student from $2,000 and multiplying by the five-year
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average growth of October 1 student enrollments; and
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(E) distributing the available monies based on the product arrived at in Subsection
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(3)(b)(i)(D).
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(ii) Qualifying bond issues that are recognized for principal and interest payments must
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have a minimum repayment period of 10 years or be prorated as though debt repayment would
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have been calculated on a minimum of 10 years.
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(iii) Only bond and debt incurred for new school space shall be included in the
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calculations, excluding any part of the levy not used for capital facilities, such as technology or
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instructional improvement programs.
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Section 2. Effective date.
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This act takes effect on July 1, 2000.
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