2006 Utah Code - 53A-17a-133 (Superseded 01/01/07) — State-supported voted leeway program authorized -- Election requirements -- State guarantee -- Reconsideration of the program.

     53A-17a-133 (Superseded 01/01/07).   State-supported voted leeway program authorized -- Election requirements -- State guarantee -- Reconsideration of the program.
     (1) An election to consider adoption or modification of a voted leeway program is required if initiative petitions signed by 10% of the number of electors who voted at the last preceding general election are presented to the local school board or by action of the board.
     (2) (a) (i) To establish a voted leeway program, a majority of the electors of a district voting at an election in the manner set forth in Section 53A-16-110 must vote in favor of a special tax.
     (ii) The tax rate may not exceed .002 per dollar of taxable value.
     (b) The district may maintain a school program which exceeds the cost of the program referred to in Section 53A-17a-145 with this voted leeway.
     (c) In order to receive state support the first year, a district must receive voter approval no later than December 1 of the year prior to implementation.
     (3) (a) Under the voted leeway program, the state shall contribute an amount sufficient to guarantee $17.54 per weighted pupil unit for each .0001 of the first .0016 per dollar of taxable value.
     (b) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar of taxable value under Subsection (3)(a) shall apply to the board-approved leeway authorized in Section 53A-17a-134, so that the guarantee shall apply up to a total of .002 per dollar of taxable value if a school district levies a tax rate under both programs.
     (c) (i) Beginning July 1, 2005, the $17.54 guarantee under Subsections (3)(a) and (b) shall be indexed each year to the value of the weighted pupil unit by making the value of the guarantee equal to .008544 times the value of the prior year's weighted pupil unit.
     (ii) The guarantee shall increase by .0005 times the value of the prior year's weighted pupil unit for each succeeding year until the guarantee is equal to .010544 times the value of the prior year's weighted pupil unit.
     (d) (i) The amount of state guarantee money to which a school district would otherwise be entitled to under this Subsection (3) may not be reduced for the sole reason that the district's levy is reduced as a consequence of changes in the certified tax rate under Section 59-2-924 pursuant to changes in property valuation.
     (ii) Subsection (3)(d)(i) applies for a period of two years following any such change in the certified tax rate.
     (4) (a) An election to modify an existing voted leeway program is not a reconsideration of the existing program unless the proposition submitted to the electors expressly so states.
     (b) A majority vote opposing a modification does not deprive the district of authority to continue an existing program.
     (c) If adoption of a leeway program is contingent upon an offset reducing other local school board levies, the board must allow the electors, in an election, to consider modifying or discontinuing the program prior to a subsequent increase in other levies that would increase the total local school board levy.
     (d) Nothing contained in this section terminates, without an election, the authority of a school district to continue an existing voted leeway program previously authorized by the voters.

Amended by Chapter 257, 2004 General Session