Utah 2025 Regular Session

Utah Senate Bill SB0321 Compare Versions

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11 02-21 15:05 S.B. 321
22 1
33 Public Education Funding Amendments
44 2025 GENERAL SESSION
55 STATE OF UTAH
66 Chief Sponsor: Lincoln Fillmore
77 House Sponsor:
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99
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1111 LONG TITLE
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1313 General Description:
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1515 This bill removes a hold harmless provision.
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1717 Highlighted Provisions:
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1919 This bill:
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2121 ▸ removes a hold harmless provision related to voted and board levies;
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2323 ▸ provides for a graduated phase out of the hold harmless provision; and
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2525 ▸ makes technical corrections.
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2727 Money Appropriated in this Bill:
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2929 None
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3131 Other Special Clauses:
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3333 This bill provides a special effective date.
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3535 Utah Code Sections Affected:
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3737 AMENDS:
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3939 53F-2-601, as last amended by Laws of Utah 2023, Chapter 467
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4141
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4343 Be it enacted by the Legislature of the state of Utah:
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4545 Section 1. Section 53F-2-601 is amended to read:
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4747 53F-2-601 . State guaranteed local levy increments -- Appropriation to increase
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4949 number of guaranteed local levy increments -- No effect of change of minimum basic tax
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5151 rate -- Voted and board local levy funding balance -- Use of guaranteed local levy
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5353 increment funds.
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5555 (1) As used in this section:
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5757 (a) "Board local levy" means a local levy described in Section 53F-8-302.
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5959 (b) "Excess funds" means the difference between:
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6161 (i) the amount of state guarantee money a school district received in the 2025 fiscal
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6363 year; and
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6565 (ii) the amount of state guarantee money a school district would receive based solely
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6868 on the certified tax rate in effect for the 2025 fiscal year.
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7070 [(b)] (c) "Guaranteed local levy increment" means a local levy increment guaranteed by
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7272 the state[:] as described in Subsection (2).
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7474 [(i) for the board local levy, described in Subsections (2)(a)(ii)(A) and (2)(b)(ii)(B); or]
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7676 [(ii) for the voted local levy, described in Subsections (2)(a)(ii)(B) and (2)(b)(ii)(A).]
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7878 [(c)] (d) "Local levy increment" means .0001 per dollar of taxable value.
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8080 [(d)(i) "Voted and board local levy funding balance" means the difference between:]
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8282 [(A) the amount appropriated for the guaranteed local levy increments in a fiscal
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8484 year; and]
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8686 [(B) the amount necessary to fund in the same fiscal year the guaranteed local levy
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8888 increments as determined under this section.]
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9090 [(ii) "Voted and board local levy funding balance" does not include appropriations
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9292 described in Subsection (2)(b)(i).]
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9494 (e) "Voted local levy" means a local levy described in Section 53F-8-301.
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9696 (2)(a)(i) [In] In accordance with Subsection 53F-2-205(6) and in addition to the
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9898 revenue collected from the imposition of a voted local levy or a board local levy,
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100100 the state shall guarantee that a school district receives, subject to Subsections [
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102102 (2)(b)(ii)(C)] (2)(b)(ii)(B) and (3)(a), for each guaranteed local levy increment, an
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104104 amount sufficient to guarantee for a fiscal year [that begins] beginning on or after
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106106 July 1, 2018, $43.10 per weighted pupil unit.
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108108 [(ii) Except as provided in Subsection (2)(b)(ii), the number of local levy increments
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110110 that are subject to the guarantee amount described in Subsection (2)(a)(i) are:]
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112112 [(A) for a board local levy, the first four local levy increments a local school board
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114114 imposes under the board local levy; and]
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116116 [(B) for a voted local levy, the first 16 local levy increments a local school board
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118118 imposes under the voted local levy.]
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120120 (ii) The number of guaranteed local levy increments under this Subsection (2) for a
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122122 school district may not exceed 20 guaranteed local levy increments, regardless of
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124124 whether the guaranteed local levy increments are from the imposition of a voted
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126126 local levy, a board local levy, or a combination of the two.
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128128 (b)(i) Subject to future budget constraints[ and Subsection (2)(c)], the Legislature
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130130 shall annually appropriate money from the Local Levy Growth Account
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132132 established in Section 53F-9-305 for purposes described in Subsection (2)(b)(ii).
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134134 (ii) The state board shall, for a fiscal year beginning on or after July 1, 2018, [and
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137137 subject to Subsection (2)(c), ]allocate funds appropriated under Subsection
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139139 (2)(b)(i) and the amount described in Subsection (3)(c) in the following order of
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141141 priority by increasing:
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143143 (A) by [up to four increments the number of voted local levy guaranteed local levy
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145145 increments above 16] the amount described in Subsection (2)(a)(ii); and
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147147 [(B) by up to 16 increments the number of board local levy guaranteed local levy
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149149 increments above four; and]
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151151 [(C)] (B) the guaranteed amount described in Subsection (2)(a)(i).
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153153 [(c) The number of guaranteed local levy increments under this Subsection (2) for a
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155155 school district may not exceed 20 guaranteed local levy increments, regardless of
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157157 whether the guaranteed local levy increments are from the imposition of a voted local
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159159 levy, a board local levy, or a combination of the two.]
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161161 (3)(a) The guarantee described in Subsection (2)(a)(i) is indexed each year to the value
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163163 of the weighted pupil unit by making the value of the guarantee equal to .011962
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165165 times the value of the prior year's weighted pupil unit.
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167167 (b) The guarantee shall increase by .0005 times the value of the prior year's weighted
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169169 pupil unit for each year subject to the Legislature appropriating funds for an increase
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171171 in the guarantee.
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173173 (c) If the indexing and growth described in Subsections (3)(a) and (b) result in a cost to
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175175 the state in a given fiscal year that is less than the amount the Legislature
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177177 appropriated, the state board shall dedicate the difference to the allocation described
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179179 in Subsection (2)(b)(ii).
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181181 (4)(a) The amount of state guarantee money that a school district would otherwise be
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183183 entitled to receive under this section may not be reduced for the sole reason that the
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185185 school district's board local levy or voted local levy is reduced as a consequence of
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187187 changes in the certified tax rate under Section 59-2-924 pursuant to changes in
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189189 property valuation.
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191191 (b) Subsection (4)(a) applies for a period of [five] one [years] year following a change in
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193193 the certified tax rate as described in Subsection (4)(a).
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195195 (5) The guarantee provided under this section does not apply to the portion of a voted local
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197197 levy rate that exceeds the voted local levy rate that was in effect for the previous fiscal
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199199 year, unless an increase in the voted local levy rate was authorized in an election
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201201 conducted on or after July 1 of the previous fiscal year and before December 2 of the
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203203 previous fiscal year.
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206206 [(6)(a) If a voted and board local levy funding balance exists for the prior fiscal year,
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208208 the state board shall distribute the voted and board local levy funding balance, using
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210210 the calculations for distribution of program balances for the fiscal year in which the
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212212 balance occurs, to qualifying school districts in a one-time payment during the first
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214214 quarter of the current fiscal year.]
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216216 [(b) The state board shall report action taken under Subsection (6)(a) to the Office of the
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218218 Legislative Fiscal Analyst and the Governor's Office of Planning and Budget.]
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220220 [(7)] (6) A local school board of a school district that receives funds described in this section
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222222 shall budget and expend the funds for public education purposes.
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224224 (7)(a) Beginning with the 2026 fiscal year, the amount of state guarantee money that a
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226226 school district receives under this section may be reduced as a result of changes in the
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228228 certified tax rate under Section 59-2-924 pursuant to changes in property valuation.
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230230 (b) For a school district receiving state guarantee money in excess of the amount the
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232232 school district would receive based solely on the current certified tax rate, such
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234234 excess funds:
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236236 (i) may not cause the amount the school district receives to exceed the total amount
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238238 of state guarantee the school district received in the 2025 fiscal year; and
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240240 (ii) shall be phased out over a three-year period as follows:
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242242 (A) in the 2026 fiscal year, the school district shall receive 100% of the excess
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244244 funds received in the 2025 fiscal year;
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246246 (B) in the 2027 fiscal year, the school district shall receive 66% of the excess
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248248 funds received in the 2025 fiscal year; and
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250250 (C) in the 2028 fiscal year, the school district shall receive 33% of the excess
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252252 funds received in the 2025 fiscal year;
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254254 (D) in the 2029 fiscal year, the school district shall receive no excess funds.
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256256 (c) The state board shall:
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258258 (i) calculate the amount of excess funds for each affected school district;
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260260 (ii) notify each affected school district of the phase-out schedule for the excess funds;
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262262 and
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264264 (iii) oversee the phase-out process described in this Subsection (7).
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266266 Section 2. Effective Date.
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268268 This bill takes effect on July 1, 2025.
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