Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 5003 First Substitute (2020S5)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 6/25/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows increased flexibility in a local school board's use of revenue from the capital local levy;
• imposes notice, hearing, and approval requirements on the expanded use of capital local levy revenue; and
• makes technical changes.

Every vote on this bill

Bill text

SCHOOL DISTRICT USE OF PROPERTY TAX REVENUE
FIFTH SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Deidre M. Henderson
LONG TITLE
General Description:
This bill allows increased flexibility in a local school board's use of revenue from the
capital local levy.
Highlighted Provisions:
This bill:
▸ allows increased flexibility in a local school board's use of revenue from the capital
local levy;
▸ imposes notice, hearing, and approval requirements on the expanded use of capital
local levy revenue; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-8-303
 (Contingently Superseded 01/01/21)
, as last amended by Laws of Utah
2018, Chapters 281, 288, 456 and renumbered and amended by Laws of Utah 2018,
Chapter 2
53F-8-303
 (Contingently Effective 01/01/21)
, as last amended by Laws of Utah 2020,
Chapter 207
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-8-303 (Contingently Superseded 01/01/21)
 is amended to
read:
53F-8-303 (Contingently Superseded 01/01/21).
Capital local levy.
(1) Subject to the other requirements of this section, a local school board may levy a
tax to fund the school district's:
(a) capital projects; or
(b) technology programs or projects.
(2) A tax rate imposed by a school district pursuant to this section may not exceed
.0030 per dollar of taxable value in any calendar year.
(3) (a) For the fiscal years beginning on July 1, 2020, and July 1, 2021, a local school
board may transfer revenue derived from a levy under this section from the school district's
capital project fund to the school district's general fund for the local school board's school
district for operational expenses.
(b) If a local school board transfers revenue for operational expenses under Subsection
(3)(a), the local school board shall, in a public meeting:
(i) notify the public of the local school board's transfer of the funds for operational
expenses, including describing how the local school board proposes to use the funds;
(ii) for the fiscal year beginning July 1, 2021, allow an opportunity for public comment
during the board's budget hearing in accordance with the notice and hearing requirements
described in Section 
53G-7-303
; and
(iii) approve the proposed use of the funds by majority vote of the local school board.
Section 2. Section 
53F-8-303 (Contingently Effective 01/01/21)
 is amended to read:
53F-8-303 (Contingently Effective 01/01/21).
Capital local levy.
(1) As used in this section:
(a) "Cost of the basic program" means the cost of the programs described in Title 53F,
Chapter 2, Part 3, Basic Program (Weighted Pupil Units) in a school district.
(b) "Low-revenue year" means a fiscal year for which the Legislature appropriates
ongoing funding from the Public Education Economic Stabilization Restricted Account under
Subsection 
53F-9-204
(3)(b).
(2) Subject to the other requirements of this section, a local school board may levy a
tax to fund the school district's:
(a) capital projects;
(b) technology programs or projects; or
(c) subject to Subsection (4), operational expenses for a low-revenue year.
(3) A tax rate imposed by a school district pursuant to this section may not exceed
.0030 per dollar of taxable value in any calendar year.
(4) [
For
] 
Except as provided in Subsection (6), for
 a low-revenue year, a local school
board may transfer an amount of revenue from the school district's capital project fund to the
school district's general fund for the local school board's school district for operational
expenses in an amount equal to:
(a) for a local school board in a county of the first, second, or third class, revenue
generated by up to .0002 per dollar of taxable value of the capital local levy; or
(b) for a local school board in a county of the fourth, fifth, or sixth class, up to the
lesser of:
(i) 10% of the cost of the basic program; or
(ii) 25% of the revenue that the school district's capital local levy generates.
(5) The state board shall notify local school boards, school district superintendents, and
business administrators in the event of a low-revenue year.
(6) (a) For the fiscal years beginning on July 1, 2020, and July 1, 2021, a local school
board may transfer revenue derived from a levy under this section from the school district's
capital project fund to the school district's general fund for the local school board's school
district for operational expenses.
(b) If a local school board transfers revenue for operational expenses under Subsection
(6)(a), the local school board shall, in a public meeting:
(i) notify the public of the local school board's transfer of the funds for operational
expenses, including describing how the local school board proposes to use the funds;
(ii) for the fiscal year beginning July 1, 2021, allow an opportunity for public comment
during the board's budget hearing in accordance with the notice and hearing requirements
described in Section 
53G-7-303
; and
(iii) approve the proposed use of the funds by majority vote of the local school board.
Section 3. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.