Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 29 (2025GS)

Sponsor

Sen. Fillmore, Lincoln

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides the state board discretionary authority to allocate funds to adjust charter school enrollment estimates;
• specifies funding sources in priority order;
• requires reporting to the Office of the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget; and
• exempts adjustments from certain budgetary requirements.

Every vote on this bill

Bill text

4
53F-2-707
63J-1-206
Charter School Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Stephanie Gricius
LONG TITLE
General Description:
This bill allows the State Board of Education (state board) to adjust funding for charter 
schools with significant enrollment underestimates.
Highlighted Provisions:
This bill:
provides the state board discretionary authority to allocate funds to adjust charter school 
enrollment estimates;
specifies funding sources in priority order;
requires reporting to the Office of the Legislative Fiscal Analyst and the Governor's 
Office of Planning and Budget; and
exempts adjustments from certain budgetary requirements.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63J-1-206
, as last amended by Laws of Utah 2024, Chapter 268
ENACTS:
53F-2-707
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53F-2-707
 is enacted to read:
53F-2-707. Allocations for adjustment of initial enrollment estimates for charter 
schools.
(1)
As used in this section:
(a)
"Enrollment deficiency" means the difference between:
(i)
the initial enrollment of a new or expanding charter school; and
(ii)
in accordance with Section 
53F-2-208
, the estimated enrollment of a new or 
expanding charter school the state board used in developing the state 
appropriation for the applicable budget year for the new or expanding charter 
school.
(b)
"Initial enrollment" means the actual student enrollment count within a charter 
school's student information system following the completion of the regular 
registration process for the upcoming school year, but prior to the October 1 
enrollment count of that school year.
(2)
The state board may provide an allocation to adjust funding for estimated enrollment to 
a new or expanding charter school if:
(a)
the charter school requests an adjustment from the state board;
(b)
the enrollment deficiency is more than 10%; and
(c)
in accordance with Section 
53F-2-208
, the initial budgetary estimates the state board 
used to develop the state appropriation for the new or expanding charter school did 
not include or underestimated the enrollment for the applicable budget year.
(3)
If the state board approves an allocation under Subsection (2), the state board may 
provide additional funding to cover costs until the completion of the fall enrollment 
counts and the mid-year or end of year updates to the estimated state funding 
distribution.
(4)
 The state board may use unencumbered balances from the following programs, in 
priority order, to provide an allocation to a charter school under this section:
(a)
without the consent or approval of the State Charter School Board, balances 
remaining in the grants for charter school start-up costs under Section 
53F-2-705
;
(b)
from prior year ending balances, balances remaining in the charter school levy state 
guarantee under Section 
53F-2-704
; and
(c)
unrestricted balances in the basic school program.
(5)
The state board shall report actions the state board takes under this section to the Office 
of the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget.
Section 2, Section 
63J-1-206
 is amended to read:
63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures 
-- Transfer of funds -- Exclusion.
(1)
(a)
Except as provided in Subsections (1)(b) and (2)(e), or where expressly exempted 
in the appropriating act:
(i)
all money appropriated by the Legislature is appropriated upon the terms and 
conditions set forth in this chapter; and
(ii)
any department, agency, or institution that accepts money appropriated by the 
Legislature does so subject to the requirements of this chapter.
(b)
This section does not apply to:
(i)
the Legislature and its committees; and
(ii)
the Investigation Account of the Water Resources Construction Fund, which is 
governed by Section 
73-10-8
.
(2)
(a)
Each item of appropriation is to be expended subject to any schedule of programs 
and any restriction attached to the item of appropriation, as designated by the 
Legislature.
(b)
Each schedule of programs or restriction attached to an appropriation item:
(i)
is a restriction or limitation upon the expenditure of the respective appropriation 
made;
(ii)
does not itself appropriate any money; and
(iii)
is not itself an item of appropriation.
(c)
(i)
An appropriation or any surplus of any appropriation may not be diverted from 
any department, agency, institution, division, or line item to any other department, 
agency, institution, division, or line item.
(ii)
If the money appropriated to an agency to pay lease payments under the program 
established in Section 
63A-5b-703
 exceeds the amount required for the agency's 
lease payments to the Division of Facilities Construction and Management, the 
agency may:
(A)
transfer money from the lease payments line item to other line items within 
the agency; and
(B)
retain and use the excess money for other purposes.
(d)
The money appropriated subject to a schedule of programs or restriction may be used 
only for the purposes authorized.
(e)
In order for a department, agency, or institution to transfer money appropriated to it 
from one program to another program, the department, agency, or institution shall 
revise its budget execution plan as provided in Section 
63J-1-209
.
(f)
(i)
The procedures for transferring money between programs within a line item as 
provided by Subsection (2)(e) do not apply to money appropriated to the State 
Board of Education for the Minimum School Program or capital outlay programs 
created in Title 53F, Chapter 3, State Funding -- Capital Outlay Programs.
(ii)
The state superintendent may transfer money appropriated for the programs 
specified in Subsection (2)(f)(i) only as provided by Section 
53F-2-205
.
(3)
Notwithstanding Subsection (2)(c)(i):
(a)
the state superintendent
:
(i)
may transfer money appropriated for
:
(A)
the Minimum School Program between line items in accordance with Section 
53F-2-205
; and
(B)
initial enrollment estimates for charter schools between line items in 
accordance with Section 
53F-2-707
; and
(ii)
shall provide the state board with information on the transfers described in 
Subsection (3)(a)(i) within 60 days of a transfer; and
(b)
the Department of Government Operations may transfer money appropriated to 
another department, agency, institution, or division for the purpose of paying the 
costs of pay for performance under Section 
63A-17-112
.
Section 3. 
Effective date.
This bill takes effect on 
July 1, 2025
.
2-14-25 9:58 AM