No. 43618 (Repeal): Rule R277-119. Discretionary Funds

(Repeal)

DAR File No.: 43618
Filed: 04/01/2019 07:54:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule requires State Board of Education (Board) review and approval of discretionary funds including land exchange funds, mineral lease funds, and carryover funds. This practice is part of internal policy and procedures, and thus this rule is not needed. The Board recommends repealing this rule.

Summary of the rule or change:

It has been determined that this rule is not necessary and should be repealed. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 59-21-2(2)(e)
• Subsection 53C-3-203(4)(b)(iii)
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

The repeal of this rule will not have a fiscal impact on state government revenues or expenditures. This repeal will not change current practice and, therefore, it will not have any fiscal impact.

local governments:

The repeal of this rule will not have a fiscal impact on local governments' revenues or expenditures. This repeal will not impact current practice. This rule outlines a procedure for the Board and thus does not affect local governments.

small businesses:

The repeal of this rule will not have a fiscal impact on small businesses� revenues or expenditures. This rule outlines a procedure for the Board and thus does not affect small businesses.

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

The repeal of this rule will not have a fiscal impact on other individuals� revenues or expenditures. This rule outlines a procedure for the Board and thus does not affect other entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7550, 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:

05/15/2019

This rule may become effective on:

05/22/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

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 59-21-2(2)(e); 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, Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities; Subsection 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 Subsection 53C-3-203(4)(b)(iii); and Subsection 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: May 8, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)]

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