No. 38357 (New Rule): Rule R277-119. Discretionary Funds

(New Rule)

DAR File No.: 38357
Filed: 03/14/2014 01:23:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide for the Utah State Board of Education (Board) to review and approve the use of discretionary account funds.

Summary of the rule or change:

The rule provides definitions and criteria for Board review and approval of discretionary funds use.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

This rule provides for Board review and approval of discretionary funds use which likely will not result in a cost or savings to the state budget.

local governments:

This rule provides for Board review and approval of discretionary funds use which likely will not result in a cost or savings to local government.

small businesses:

This rule provides for Board review and approval of discretionary funds use which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

This rule provides for Board review and approval of discretionary funds use which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

This rule provides for Board review and approval of discretionary funds use which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2014

This rule may become effective on:

05/08/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-119. Discretionary Funds.

R277-119-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Board discretionary funds" means:

(1) Land exchange funds are funds appropriated to the Board from the account described in Section 53C-3-203;

(2) Mineral lease funds are funds identified in Section 59-21-1 and directed to the Board in Section 53A-3-203(4)(b); and

(3) State carryover funds are funds appropriated by the Legislature, maintained by the Board, and carried over from one fiscal year to the next for discretionary use.

C. "State Superintendent of Public Instruction (Superintendent)" means the executive officer of the Board and serves at the pleasure of the Board.

 

R277-119-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities; Section 59-21-2(2)(e) in which the Legislature appropriates 2.25 percent of all deposits made to Mineral Lease Account to the Board for use consistent with Section 53C-3-203(4)(b)(iii); and Section 53C-3-203(4)(b)(iii) in which the Legislature appropriates funds for the Board's use.

B. The purpose of this rule is to provide for Board review and approval of funds received by the Board for identified purposes.

 

R277-119-3. Board Review and Use of Discretionary Funds.

A. The Superintendent shall present an annual projection of revenues and expenditures of Board discretionary funds as part of the annual budget proposed to the Board.

B. The Superintendent shall submit to the Board for review a quarterly summary of actual versus projected expenditures from Board discretionary funds.

C. The Superintendent shall at least annually make a request to the Board for monies from carry-over funds for the Superintendent's sole discretion but may make additional requests.

D. The Superintendent may make requests to the Board to expend funds, consistent with purposes identified in state law, from the mineral lease or land exchange accounts.

 

KEY: State Board of Education, discretionary funds

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3)

 

 

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