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House passes SB 38 after amendment to shift charter funding to state levy, protect districts
Summary
The Utah House on March 8 amended and passed fourth substitute SB 38 to move charter-school replacement funding to a state levy while prohibiting districts from raising local levies to recapture lost revenue; the bill passed the House 71–1 and goes back to the Senate.
Representative Eliason, the House sponsor of SB 38, told the House the fourth substitute is a negotiated compromise intended to equalize funding between district and charter public schools and to protect districts if the legislature revises the formula. He said the bill “creates a new levy at the state level” to replace the 25 percent local match and stressed that “this is revenue neutral,” language he said is included to prevent districts from raising local levies to recoup the change.
Eliason introduced Amendment No. 4 (printed in his name under Representative Lisonbee’s sponsorship) to make the House version identical to a similar bill passed earlier in the session and to insert a clause limiting district exposure if the formula is later changed. Representatives who spoke in favor, including Representative Powell, said the amendment mirrors language stakeholders previously agreed to and helps keep districts and charter schools on a parity footing. After discussion was waived, the House adopted the amendment by voice vote.
During floor questions Representative Briscoe asked whether lines that restrict boards from raising local levies would prevent districts from seeking voter-approved tax increases for other purposes; Eliason and others clarified the language is focused on preventing a levy increase “for the sole purpose of increasing the board local levy rate … to recapture this decrease,” and noted the bill’s effective date and revenue-neutral design reduce practical need for immediate local action.
The House opened and closed voting on the amended fourth substitute. SB 38 received 71 yes votes and 1 no vote; the clerk announced passage and transmission back to the Senate for further consideration. The next procedural step is Senate consideration of the House amendment or concurrence.
Quotes used in this story are from floor remarks recorded in the House transcript attributed to Representative Eliason and floor members.
