(1)
Effective July 1, 1994, a district which desires to raise and expend local property tax
revenues in excess of the district's total program may submit the question of
whether the district should be authorized to raise and expend additional local
property tax revenues, subject to the limitations of subsection (3) of this section,
thereby authorizing an additional levy in excess of the levy authorized under section
22-54-106 for the district's general fund for the then current budget year and each
budget year thereafter. The question authorized by this subsection (1) must be
submitted at an election held in accordance with section 20 of article X of the state
constitution and title 1.
(2) Effective July 1, 1994, upon proper submittal to a district of a valid
initiative petition, the district shall submit to the eligible electors of the district the
question of whether the district should be authorized to raise and expend additional
local property tax revenues in excess of the district's total program, subject to the
limitations of subsection (3) of this section, thereby authorizing an additional levy in
excess of the levy authorized under section 22-54-106 for the district's general
fund for the then current budget year and each budget year thereafter. The
question authorized by this subsection (2) must be submitted at an election held in
accordance with section 20 of article X of the state constitution and title 1. An
initiative petition under this subsection (2) must be signed by at least five percent
of the eligible electors in the district at the time the petition is filed.
(3) (a) Notwithstanding the provisions of section 20 of article X of the state
constitution which allow districts to seek voter approval for spending and revenue
increases, this subsection (3) limits a district's authority to raise and expend local
property tax revenues in excess of the district's total program.
(b) (I) Except as otherwise provided in subsections (3)(b)(II), (3)(b)(III),
(3)(b)(IV), (3)(b)(V), and (3)(b)(VI) of this section, the total additional local property
tax revenues that may be received pursuant to elections held pursuant to this
section must not exceed under any circumstances twenty percent of the district's
total program or two hundred thousand dollars, whichever is greater.
(II) (A) Effective July 1, 2002, the total additional local property tax revenues
that may be received pursuant to elections held pursuant to this section must not
exceed under any circumstances twenty percent of the district's total program or
two hundred thousand dollars, whichever is greater, plus an amount equal to the
maximum dollar amount of property tax revenue that the district could have
generated for the 2001-02 budget year if, in accordance with the provisions of
section 22-54-107.5, the district submitted a question to and received approval of
the eligible electors of the district at an election held in November 2001.
(B) (Deleted by amendment, L. 2024).
(III) (A) On and after May 21, 2009, of the total additional local property tax
revenues that may be received pursuant to an election held pursuant to this section
must not exceed under any circumstances twenty-five percent of the district's total
program or two hundred thousand dollars, whichever is greater, plus an amount
equal to the maximum dollar amount of property tax revenue that the district could
have generated for the 2001-02 budget year if, in accordance with the provisions of
section 22-54-107.5, the district submitted a question to and received approval of
the eligible electors of the district at an election held in November 2001.
(B) (Deleted by amendment, L. 2024).
(IV) (A) On and after May 22, 2015, the total additional local property tax
revenues that a small rural district may receive pursuant to an election held
pursuant to this section must not exceed under any circumstances thirty percent of
the small rural district's total program or two hundred thousand dollars, whichever
is greater, plus an amount equal to the maximum dollar amount of property tax
revenue that the small rural district could have generated for the 2001-02 budget
year if, in accordance with the provisions of section 22-54-107.5, the small rural
district submitted a question to and received approval of the eligible electors of the
district at an election held in November 2001.
(B) (Deleted by amendment, L. 2024).
(C) Repealed.
(V) (A) On and after July 1, 2023, the total additional local property tax
revenues that a district may receive pursuant to an election held pursuant to this
section must not exceed under any circumstances: Twenty-five percent of the
district's total program or two hundred thousand dollars, whichever is greater; plus
an amount equal to the maximum dollar amount of property tax revenue that the
district could have generated for the 2001-02 budget year if, in accordance with the
provisions of section 22-54-107.5, the district submitted a question to and received
approval of the eligible electors of the district at an election held in November
2001.
(B) On and after July 1, 2023, the total additional local property tax revenues
that a small rural district may receive pursuant to an election held pursuant to this
section must not exceed under any circumstances: Thirty percent of the small rural
district's total program or two hundred thousand dollars, whichever is greater; plus
an amount equal to the maximum dollar amount of property tax revenue that the
small rural district could have generated for the 2001-02 budget year if, in
accordance with the provisions of section 22-54-107.5, the small rural district
submitted a question to and received approval of the eligible electors of the small
rural district at an election held in November 2001.
(VI) (A) On or after July 1, 2024, the total additional local property tax
revenues that a district or small rural district may receive pursuant to an election
held pursuant to this section must not exceed under any circumstance: The amount
determined pursuant to subsection (3)(b)(V) of this section for the 2023-24 budget
year, or the amount determined pursuant to subsection (3)(b)(VI)(D) of this section,
whichever is greater.
(B) For the 2024-25 budget year, the department of education, in
consultation with legislative council staff, shall calculate for each district the
amount equal to:
(District's per pupil funding determined pursuant to section 22-54-104 (3) -
Statewide base per pupil funding) x District's funded pupil count for the 2024-25
budget year excluding the district's online pupil enrollment and the district's
extended high school pupil enrollment + (District's per pupil funding determined
pursuant to section 22-54-104 (3) - Statewide base per pupil funding) x District's
at-risk pupil enrollment for the 2024-25 budget year x Twelve percent + (District's
per pupil funding determined pursuant to section 22-54-104 (3) - Statewide base
per pupil funding) x District's English language learner pupil enrollment for the
2024-25 budget year x Eight percent.
(C) For the 2024-25 budget year, the department of education, in
consultation with legislative council staff, shall calculate for each district the
amount equal to the district's cost of living factor plus the district's size factor for
the 2024-25 budget year calculated pursuant to section 22-54-103.5 multiplied by
the statewide base per pupil funding for the 2024-25 budget year multiplied by the
district's funded pupil count for the 2024-25 budget year excluding the district's
online pupil enrollment and the district's extended high school pupil enrollment.
(D) The department of education shall compare for each district the amounts
calculated pursuant to subsections (3)(b)(VI)(B) and (3)(b)(VI)(C) of this section. If
the amount calculated pursuant to subsection (3)(b)(VI)(C) of this section is less
than the amount calculated pursuant to subsection (3)(b)(VI)(B) of this section, the
department of education shall determine the dollar amount difference between the
amounts calculated pursuant to subsections (3)(b)(VI)(B) and (3)(b)(VI)(C) of this
section divide that dollar amount difference by the district's total program for the
2024-25 budget year and add that percentage to the district's mill levy override
cap for the 2023-24 budget year.
(E) The department of education shall make determinations pursuant to
subsections (3)(b)(VI)(B), (3)(b)(VI)(C), and (3)(b)(VI)(D) of this section after it makes
mid-year revisions to replace projections with actual figures when determining each
district's total program for the 2024-25 budget year.
(F) On or after July 1, 2030, a district shall not submit a question to the
eligible electors of the district pursuant to this subsection (3)(b)(VI).
(c) (Deleted by amendment, L. 2008, p. 1196, � 7, effective May 22, 2008.)
(d) (I) In applying the limitation in this subsection (3) to elections held after
July 1, 1994, any additional local property tax revenues authorized at elections held
under the provisions of former section 22-53-117 prior to July 1, 1994, shall be
counted towards such limitation.
(II) (Deleted by amendment, L. 2009, (SB 09-256), ch. 294, p. 1553, � 6,
effective May 21, 2009.)
(II.5) Any portion of the specific ownership tax paid to the district shall not
apply to the limitation in this subsection (3).
(III) If the additional local property tax revenues already authorized and the
specific ownership tax revenue, if any, exceeds the limitation, the district shall not
be authorized to hold an election pursuant to the provisions of this section until the
limitation is greater than the additional local property tax revenues already
authorized and the specific ownership tax revenue, if any.
(e) (I) If a district's levy is reduced pursuant to section 22-54-106 (2)(b)(I), the
provisions of this paragraph (e), as well as the provisions of paragraph (d) of this
subsection (3), shall apply in calculating the limitation of this subsection (3).
(II) In applying the limitation of this subsection (3), the difference between
the district's total program for the 1994-95 budget year, as calculated pursuant to
section 22-54-104.3 (3), and the district's total program for the 1994-95 budget
year, as calculated pursuant to section 22-54-104 (2), shall be counted toward such
limitation.
(f) In applying the limitation of this subsection (3), the amount of property
tax generated pursuant to section 22-54-106 (2)(b)(III) shall be counted toward such
limitation.
(g) (Deleted by amendment, L. 2008, p. 1196, � 7, effective May 22, 2008.)
(h) In applying the limitation in subparagraph (II) of paragraph (b) of this
subsection (3) to elections held after July 1, 2002, any additional local property tax
revenues authorized at an election held in November 2001 under the provisions of
section 22-54-107.5 shall be counted towards such limitation.
(i) Nothing in this section shall affect the ability of a district to collect taxes
pursuant to an election held pursuant to this section prior to May 22, 2008.
(4) (Deleted by amendment, L. 2010, (HB 10-1013), ch. 399, p. 1904, � 13,
effective June 10, 2010.)
(5) As used in this section, unless the context otherwise requires:
(a) Small rural district means a district in Colorado that the department of
education determines is rural, based on the geographic size of the district and the
distance of the district from the nearest large, urbanized area, and that enrolls
fewer than one thousand students in kindergarten through twelfth grade.
(b) Total program, on and after July 1, 2023, means a district's or small
rural district's total program plus the amount the district or small rural district
receives for students enrolled through the Colorado universal preschool program
pursuant to part 2 of article 4 of title 26.5.