SENATE BILL 22-202
BY SENATOR(S) Zenzinger and Rankin, Bridges, Buckner, Ginal,
Hansen, Moreno, Pettersen, Priola, Simpson;
also REPRESENTATIVE(S) McCluskie, Bernett, Bird, Boesenecker,
Esgar, Hooton, Kipp, Lindsay, Valdez A.
.
C
ONCERNING PROVIDING STATE MATCHING MONEY FOR PROPERTY TAX
REVENUE COLLECTED BY SCHOOL DISTRICTS
, AND, IN CONNECTION
THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 22-54-107.9 as
follows:
22-54-107.9. Override mill levy match - calculation - distribution
- fund created - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(a) "A
DDITIONAL MILL LEVY REVENUE PER PUPIL AMOUNT " MEANS
THE AMOUNT OF AN ELIGIBLE DISTRICT
'S ADDITIONAL MILL LEVY REVENUE,
AS DEFINED IN SECTION 22-32-108.5, FOR A BUDGET YEAR, DIVIDED BY THE
ELIGIBLE DISTRICT
'S FUNDED PUPIL COUNT FOR THAT BUDGET YEAR .
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (b) "APPLICABLE BUDGET YEAR" MEANS THE BUDGET YEAR IN WHICH
THE DEPARTMENT DISTRIBUTES MONEY PURSUANT TO THIS SECTION TO A
DISTRICT
.
(c) "A
PPLICABLE PROPERTY TAX YEAR" MEANS THE PROPERTY TAX
YEAR THAT ENDS DURING THE APPLICABLE BUDGET YEAR
.
(d) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
CREATED PURSUANT TO SECTION
24-1-115.
(e) "E
LIGIBLE DISTRICT" MEANS A DISTRICT FOR WHICH THE
OVERRIDE MILL CAPACITY IS LESS THAN THE MAXIMUM NUMBER OF
OVERRIDE MILLS CALCULATED FOR THE DISTRICT
.
(f) "E
LIGIBLE INSTITUTE CHARTER SCHOOL " MEANS AN INSTITUTE
CHARTER SCHOOL THAT IS LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES
OF AN ELIGIBLE DISTRICT
.
(g) "M
AXIMUM NUMBER OF OVERRIDE MILLS " MEANS THE NUMBER
OF OVERRIDE MILLS CALCULATED FOR A DISTRICT PURSUANT TO SUBSECTION
(3) OF THIS SECTION.
(h) "O
VERRIDE MILL CAPACITY" MEANS THE NUMBER OF OVERRIDE
MILLS CALCULATED PURSUANT TO SUBSECTION
(4) OF THIS SECTION THAT A
DISTRICT MAY BE EXPECTED TO LEVY TOWARD THE DISTRICT
'S MAXIMUM
NUMBER OF OVERRIDE MILLS
.
(i) "O
VERRIDE MILL PER PUPIL MATCH AMOUNT" MEANS THE AMOUNT
OF THE OVERRIDE MILL MATCH AMOUNT THAT THE DEPARTMENT
DISTRIBUTES TO AN ELIGIBLE DISTRICT PURSUANT TO SUBSECTION
(5)(a) OF
THIS SECTION FOR A BUDGET YEAR
, DIVIDED BY THE ELIGIBLE DISTRICT'S
FUNDED PUPIL COUNT FOR THAT BUDGET YEAR
.
(j) "O
VERRIDE MILLS" MEANS PROPERTY TAX MILLS THAT A DISTRICT
LEVIES PURSUANT TO SECTION
22-54-108.
(k) "S
MALL RURAL DISTRICT" HAS THE SAME MEANING AS PROVIDED
IN SECTION
22-54-108.
PAGE 2-SENATE BILL 22-202 (l) "TOTAL PROGRAM" MEANS THE AMOUNT OF TOTAL PROGRAM
FUNDING FOR A DISTRICT CALCULATED PURSUANT TO SECTION
22-54-104 (2)
BEFORE APPLICATION OF THE BUDGET STABILIZATION FACTOR .
(2) (a) B
EGINNING IN THE 2022-23 BUDGET YEAR AND FOR EACH
BUDGET YEAR THEREAFTER
, THE DEPARTMENT, IN JUNE OF EACH BUDGET
YEAR
, SHALL CALCULATE AND DISTRIBUTE AS A LUMP SUM TO EACH ELIGIBLE
DISTRICT AND EACH ELIGIBLE INSTITUTE CHARTER SCHOOL AN OVERRIDE
MILL MATCH AMOUNT AS PROVIDED IN THIS SECTION
. THE DEPARTMENT
SHALL DISTRIBUTE THE OVERRIDE MILL MATCH AMOUNT FROM MONEY
ANNUALLY APPROPRIATED FROM THE MILL LEVY OVERRIDE MATCH FUND
CREATED IN SUBSECTION
(6) OF THIS SECTION. IN A BUDGET YEAR IN WHICH
THE GENERAL ASSEMBLY DOES NOT APPROPRIATE A SUFFICIENT AMOUNT TO
FULLY FUND THE DISTRIBUTIONS CALCULATED PURSUANT TO THIS SECTION
,
THE DEPARTMENT SHALL REDUCE THE AMOUNT OF EACH ELIGIBLE DISTRICT 'S
AND EACH ELIGIBLE INSTITUTE CHARTER SCHOOL
'S DISTRIBUTION BY THE
SAME PERCENTAGE THAT THE DEFICIT BEARS TO THE AMOUNT REQUIRED TO
FULLY FUND THE DISTRIBUTIONS CALCULATED PURSUANT TO THIS SECTION
.
(b) T
HE OVERRIDE MILL MATCH AMOUNT THAT AN ELIGIBLE DISTRICT
RECEIVES PURSUANT TO THIS SECTION IS DEEMED TO BE ADDITIONAL MILL
LEVY REVENUE THAT IS SUBJECT TO DISTRIBUTION TO THE CHARTER
SCHOOLS OF THE DISTRICT IN THE SAME MANNER THAT THE DISTRICT
DISTRIBUTES OTHER ADDITIONAL MILL LEVY REVENUE THAT IT COLLECTS TO
THE CHARTER SCHOOLS OF THE DISTRICT PURSUANT TO SECTION
22-32-108.5.
(3) (a) F
OR THE 2022-23 BUDGET YEAR AND FOR EACH BUDGET YEAR
THEREAFTER
, THE DEPARTMENT SHALL ANNUALLY DETERMINE EACH
DISTRICT
'S MAXIMUM NUMBER OF OVERRIDE MILLS , WHICH IS EQUAL TO THE
NUMBER OF MILLS THAT A DISTRICT MAY LEVY FOR THE APPLICABLE
PROPERTY TAX YEAR TO GENERATE PROPERTY TAX REVENUE EQUAL TO
TWENTY
-FIVE PERCENT, OR THIRTY PERCENT IN THE CASE OF A SMALL RURAL
DISTRICT
, OF THE DISTRICT'S:
(I) T
OTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR , IF TEN
PERCENT OR LESS OF THE DISTRICT
'S FUNDED PUPIL COUNT FOR THE
APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE DISTRICT
'S ONLINE
PUPIL ENROLLMENT
; OR
PAGE 3-SENATE BILL 22-202 (II) ADJUSTED TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR
CALCULATED PURSUANT TO SUBSECTION
(3)(b) OF THIS SECTION, IF MORE
THAN TEN PERCENT OF THE DISTRICT
'S FUNDED PUPIL COUNT FOR THE
APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE DISTRICT
'S ONLINE
PUPIL ENROLLMENT
.
(b) I
F MORE THAN TEN PERCENT OF A DISTRICT 'S FUNDED PUPIL
COUNT FOR THE APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE
DISTRICT
'S ONLINE PUPIL ENROLLMENT, THE DEPARTMENT SHALL CALCULATE
THE DISTRICT
'S ADJUSTED TOTAL PROGRAM AS FOLLOWS :
(I) T
HE DEPARTMENT SHALL REDUCE THE DISTRICT 'S ONLINE PUPIL
ENROLLMENT IN ACCORDANCE WITH THE FOLLOWING FORMULA
:
DISTRICT ONLINE PUPIL ENROLLMENT - (((DISTRICT FUNDED PUPIL
COUNT
- DISTRICT ONLINE PUPIL ENROLLMENT) ÷ .9) X .1)
(II) T
HE DEPARTMENT SHALL SUBTRACT FROM THE DISTRICT 'S TOTAL
PROGRAM FOR THE APPLICABLE BUDGET YEAR AN AMOUNT EQUAL TO THE
DISTRICT
'S REDUCED ONLINE PUPIL ENROLLMENT , CALCULATED PURSUANT
TO SUBSECTION
(3)(b)(I) OF THIS SECTION, MULTIPLIED BY THE PER PUPIL
ONLINE FUNDING AMOUNT FOR THE APPLICABLE B UDGET YEAR AS DESCRIBED
IN SECTION
22-54-104 (4.5)(c)(II), BEFORE APPLICATION OF THE BUDGET
STABILIZATION FACTOR
.
(4) (a) F
OR THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR
THEREAFTER
, THE DEPARTMENT SHALL IDENTIFY THE FIVE -YEAR AVERAGE
MEDIAN HOUSEHOLD INCOME FOR EACH DISTRICT IN THE STATE
, REFERRED
TO IN THIS SECTION AS THE
"AVERAGE MEDIAN INCOME ", USING THE
INFORMATION REPORTED BY THE
UNITED STATES CENSUS BUREAU 'S
AMERICAN COMMUNITY SURVEY FOR THE APPLICABLE BUDGET YEAR . THE
DEPARTMENT SHALL DETERMINE THE AM OUNT OF THE DIFFERENCE BETWEEN
THE HIGHEST AVERAGE MEDIAN INCOME AND LOWEST AVERAGE MEDIAN
INCOME AMONG ALL DISTRICTS IN THE STATE
, REFERRED TO IN THIS SECTION
AS THE
"MEDIAN INCOME GAP".
(b) U
SING THE AVERAGE MEDIAN INCOME FOR EACH DISTRICT , THE
DEPARTMENT SHALL ANNUALLY DETERMINE FOR EACH DISTRICT THE
DISTRICT
'S OVERRIDE MILL CAPACITY, WHICH IS THE NUMBER OF OVERRIDE
MILLS THE DISTRICT MAY BE EXPECTED TO LEVY TOWARD THE DISTRICT
'S
MAXIMUM NUMBER OF OVERRIDE MILLS
, USING THE FOLLOWING FORMULA :
PAGE 4-SENATE BILL 22-202 (((DISTRICT AVERAGE MEDIAN INCOME - LOWEST DISTRICT AVERAGE
MEDIAN INCOME
) ÷ MEDIAN INCOME GAP) X 20) + 15
(5) (a) F
OR THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR
THEREAFTER
, THE DEPARTMENT SHALL CALCULATE THE STATE MATCH
PERCENTAGE FOR EACH ELIGIBLE DISTRICT BY SUBTRACTING THE ELIGIBLE
DISTRICT
'S OVERRIDE MILL CAPACITY FROM THE ELIGIBLE DISTRICT 'S
MAXIMUM NUMBER OF OVERRIDE MILLS
, THEN DIVIDING THE REMAINDER BY
THE ELIGIBLE DISTRICT
'S OVERRIDE MILL CAPACITY . THE DEPARTMENT
SHALL ANNUALLY DISTRIBUTE TO EACH ELIGIBLE DISTRICT AN OVERRIDE
MILL MATCH AMOUNT EQUAL TO THE ELIGIBLE DISTRICT
'S STATE MATCH
PERCENTAGE MULTIPLIED BY THE AMOUNT OF PROPERTY TAX REVENUE
GENERATED BY THE NUMBER OF OVERRIDE MILLS THAT THE ELIGIBLE
DISTRICT LEVIES FOR THE APPLICABLE PROPERTY TAX YEAR
.
(b) F
OR THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR
THEREAFTER
, THE DEPARTMENT SHALL DISTRIBUTE TO EACH ELIGIBLE
INSTITUTE CHARTER SCHOOL AN OVERRIDE MILL MATCH AMOUNT EQUAL TO
THE OVERRIDE MILL PER PUPIL MATCH AMOUNT FOR THE ELIGIBLE INSTITUTE
CHARTER SCHOOL
'S ACCOUNTING DISTRICT MULTIPLIED BY THE ELIGIBLE
INSTITUTE CHARTER SCHOOL
'S PUPIL ENROLLMENT FOR THE APPLICABLE
BUDGET YEAR
; EXCEPT THAT THE DEPARTMENT SHALL ENSURE THAT THE
TOTAL PER PUPIL AMOUNT DISTRIBUTED TO AN ELIGIBLE INSTITUTE CHARTER
SCHOOL PURSUANT TO THIS SECTION AND SECTION
22-30.5-513.1 IN A SINGLE
BUDGET YEAR DOES NOT EXCEED THE COMBINED TOTAL OF THE ADDITIONAL
MILL LEVY REVENUE PER PUPIL AMOUNT AND OVERRIDE MILL PER PUPIL
MATCH AMOUNT OF THE ELIGIBLE INSTITUTE CHARTER SCHOOL
'S
ACCOUNTING DISTRICT FOR THE APPLICABLE BUDGET YEAR
.
(6) (a) T
HE MILL LEVY OVERRIDE MATCH FUND IS CREATED IN THE
STATE TREASURY
. THE FUND CONSISTS OF MONEY APPROPRIATED OR
TRANSFERRED TO THE FUND BY THE GENERAL ASSEMBLY
. THE STATE
TREASURER SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME DERIVED
FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND
. SUBJECT TO
ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY
, FOR THE 2022-23
BUDGET YEAR AND EACH BUDGET YEAR THEREAFTER , THE DEPARTMENT
SHALL DISTRIBUTE MONEY FROM THE FUND AS DESCRIBED IN THIS SECTION
.
I
N ADDITION, THE DEPARTMENT MAY EXPEND A PORTION OF THE AMOUNT
APPROPRIATED FROM THE FUND TO PAY THE DIRECT COSTS THAT THE
DEPARTMENT INCURS IN IMPLEMENTING THIS SECTION
.
PAGE 5-SENATE BILL 22-202 (b) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER TEN
MILLION DOLLARS FROM THE GENERAL FUND TO THE MILL LEVY OVERRIDE
MATCH FUND
.
SECTION 2. In Colorado Revised Statutes, 24-75-220, amend as
added in House Bill 22-1390 (8) as follows:
24-75-220. State education fund - transfers - surplus - legislative
declaration. (8) On July 1, 2022, the state treasurer shall transfer three
hundred TWO HUNDRED NINETY million dollars from the general fund to the
state education fund created in section 17 (4) of article IX of the state
constitution.
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
$10,041,238 is appropriated to the department of education. This
appropriation consists of $41,238 from the general fund and $10,000,000
from the mill levy override match fund created in section 22-54-107.9 (6),
C.R.S. To implement this act, the department may use this appropriation as
follows:
(a) $10,000,000 from the mill levy override match fund for mill levy
override matching pursuant to section 22-54-107.9, C.R.S.; and
(b) $41,238 from the general fund for administration related to
public school finance, which amount is based on an assumption that the
department will require an additional 0.5 FTE.
SECTION 4. Effective date. This act takes effect upon passage;
except that sections 2 and 3 of this act take effect only if House Bill
22-1390 becomes law, in which case sections 2 and 3 of this act take effect
on the effective date of this act or House Bill 22-1390, whichever is later.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 6-SENATE BILL 22-202 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 22-202