CO
Colorado Senate Bill SB202

Colorado 2022 Regular Session

Colorado Senate Bill SB202 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-1011.01 Julie Pelegrin x2700
18 SENATE BILL 22-202
2-BY SENATOR(S) Zenzinger and Rankin, Bridges, Buckner, Ginal,
3-Hansen, Moreno, Pettersen, Priola, Simpson;
4-also REPRESENTATIVE(S) McCluskie, Bernett, Bird, Boesenecker,
5-Esgar, Hooton, Kipp, Lindsay, Valdez A.
6-.
9+Senate Committees House Committees
10+Education Transportation & Local Government
11+Appropriations Appropriations
12+A BILL FOR AN ACT
713 C
8-ONCERNING PROVIDING STATE MATCHING MONEY FOR PROPERTY TAX
9-REVENUE COLLECTED BY SCHOOL DISTRICTS
10-, AND, IN CONNECTION
11-THEREWITH
12-, MAKING AN APPROPRIATION.
13-
14-Be it enacted by the General Assembly of the State of Colorado:
15-SECTION 1. In Colorado Revised Statutes, add 22-54-107.9 as
16-follows:
17-22-54-107.9. Override mill levy match - calculation - distribution
18-- fund created - definitions. (1) A
19-S USED IN THIS SECTION, UNLESS THE
20-CONTEXT OTHERWISE REQUIRES
21-:
14+ONCERNING PROVIDING STATE MATCHING MONEY FOR PROPERTY101
15+TAX REVENUE COLLECTED BY SCHOOL DISTRICTS , AND, IN
16+102
17+CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+Beginning in the 2022-23 budget year, the bill directs the
26+department of education (department) to annually distribute to each
27+eligible school district and each eligible institute charter school an amount
28+of state money as a matching amount to the property tax revenue the
29+eligible district receives from mills levied for additional revenue (override
30+HOUSE
31+3rd Reading Unamended
32+May 11, 2022
33+HOUSE
34+Amended 2nd Reading
35+May 10, 2022
36+SENATE
37+3rd Reading Unamended
38+April 27, 2022
39+SENATE
40+Amended 2nd Reading
41+April 26, 2022
42+SENATE SPONSORSHIP
43+Zenzinger and Rankin, Bridges, Buckner, Ginal, Hansen, Moreno, Pettersen, Priola,
44+Simpson
45+HOUSE SPONSORSHIP
46+McCluskie, Bernett, Bird, Boesenecker, Esgar, Hooton, Kipp, Lindsay, Valdez A.
47+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
48+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
49+Dashes through the words indicate deletions from existing statute. mills). To determine the amount, if any, of state matching money, the
50+department must calculate for each district:
51+! The district's maximum number of override mills; and
52+! The number of override mills the district may be expected
53+to levy toward the district's maximum number of override
54+mills (override mill capacity), based on the district's median
55+household income.
56+If a district's override mill capacity is less than the maximum
57+number of override mills, the district is eligible to receive matching state
58+money. The department must calculate each eligible district's mill levy
59+match amount as provided in the bill. An institute charter school that is
60+located within an eligible district is eligible to receive a distribution of
61+state money equal to the eligible district's per pupil mill levy match
62+amount multiplied by the institute charter school's pupil enrollment. The
63+department must calculate and distribute in June of each budget year the
64+mill levy match amounts from the mill levy override match fund created
65+in the bill.
66+Be it enacted by the General Assembly of the State of Colorado:1
67+SECTION 1. In Colorado Revised Statutes, add 22-54-107.9 as2
68+follows:3
69+22-54-107.9. Override mill levy match - calculation -4
70+distribution - fund created - definitions. (1) A
71+S USED IN THIS SECTION,5
72+UNLESS THE CONTEXT OTHERWISE REQUIRES :6
2273 (a) "A
23-DDITIONAL MILL LEVY REVENUE PER PUPIL AMOUNT " MEANS
24-THE AMOUNT OF AN ELIGIBLE DISTRICT
25-'S ADDITIONAL MILL LEVY REVENUE,
26-AS DEFINED IN SECTION 22-32-108.5, FOR A BUDGET YEAR, DIVIDED BY THE
27-ELIGIBLE DISTRICT
28-'S FUNDED PUPIL COUNT FOR THAT BUDGET YEAR .
29-NOTE: This bill has been prepared for the signatures of the appropriate legislative
30-officers and the Governor. To determine whether the Governor has signed the bill
31-or taken other action on it, please consult the legislative status sheet, the legislative
32-history, or the Session Laws.
33-________
34-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
35-through words or numbers indicate deletions from existing law and such material is not part of
36-the act. (b) "APPLICABLE BUDGET YEAR" MEANS THE BUDGET YEAR IN WHICH
37-THE DEPARTMENT DISTRIBUTES MONEY PURSUANT TO THIS SECTION TO A
38-DISTRICT
39-.
74+DDITIONAL MILL LEVY REVENUE PER PUPIL AMOUNT " MEANS7
75+THE AMOUNT OF AN ELIGIBLE DISTRICT'S ADDITIONAL MILL LEVY REVENUE,8
76+AS DEFINED IN SECTION 22-32-108.5, FOR A BUDGET YEAR, DIVIDED BY9
77+THE ELIGIBLE DISTRICT'S FUNDED PUPIL COUNT FOR THAT BUDGET YEAR .10
78+(b) "A
79+PPLICABLE BUDGET YEAR" MEANS THE BUDGET YEAR IN11
80+WHICH THE DEPARTMENT DISTRIBUTES MONEY PURSUANT TO THIS SECTION12
81+TO A DISTRICT.13
4082 (c) "A
41-PPLICABLE PROPERTY TAX YEAR" MEANS THE PROPERTY TAX
42-YEAR THAT ENDS DURING THE APPLICABLE BUDGET YEAR
43-.
83+PPLICABLE PROPERTY TAX YEAR" MEANS THE PROPERTY TAX14
84+YEAR THAT ENDS DURING THE APPLICABLE BUDGET YEAR .15
4485 (d) "D
45-EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
46-CREATED PURSUANT TO SECTION
47-24-1-115.
86+EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION16
87+202-2- CREATED PURSUANT TO SECTION 24-1-115.1
4888 (e) "E
49-LIGIBLE DISTRICT" MEANS A DISTRICT FOR WHICH THE
50-OVERRIDE MILL CAPACITY IS LESS THAN THE MAXIMUM NUMBER OF
51-OVERRIDE MILLS CALCULATED FOR THE DISTRICT
52-.
89+LIGIBLE DISTRICT" MEANS A DISTRICT FOR WHICH THE2
90+OVERRIDE MILL CAPACITY IS LESS THAN THE MAXIMUM NUMBER OF3
91+OVERRIDE MILLS CALCULATED FOR THE DISTRICT .4
5392 (f) "E
54-LIGIBLE INSTITUTE CHARTER SCHOOL " MEANS AN INSTITUTE
55-CHARTER SCHOOL THAT IS LOCATED WITHIN THE GEOGRAPHIC BOUNDARIES
56-OF AN ELIGIBLE DISTRICT
57-.
93+LIGIBLE INSTITUTE CHARTER SCHOOL" MEANS AN INSTITUTE5
94+CHARTER SCHOOL THAT IS LOCATED WITHIN THE GEOGRAPHIC6
95+BOUNDARIES OF AN ELIGIBLE DISTRICT.7
5896 (g) "M
59-AXIMUM NUMBER OF OVERRIDE MILLS " MEANS THE NUMBER
60-OF OVERRIDE MILLS CALCULATED FOR A DISTRICT PURSUANT TO SUBSECTION
61-(3) OF THIS SECTION.
97+AXIMUM NUMBER OF OVERRIDE MILLS " MEANS THE NUMBER8
98+OF OVERRIDE MILLS CALCULATED FOR A DISTRICT PURSUANT TO9
99+SUBSECTION (3) OF THIS SECTION.10
62100 (h) "O
63-VERRIDE MILL CAPACITY" MEANS THE NUMBER OF OVERRIDE
64-MILLS CALCULATED PURSUANT TO SUBSECTION
65-(4) OF THIS SECTION THAT A
66-DISTRICT MAY BE EXPECTED TO LEVY TOWARD THE DISTRICT
67-'S MAXIMUM
68-NUMBER OF OVERRIDE MILLS
69-.
101+VERRIDE MILL CAPACITY" MEANS THE NUMBER OF OVERRIDE11
102+MILLS CALCULATED PURSUANT TO SUBSECTION (4) OF THIS SECTION THAT12
103+A DISTRICT MAY BE EXPECTED TO LEVY TOWARD THE DISTRICT 'S MAXIMUM13
104+NUMBER OF OVERRIDE MILLS.14
70105 (i) "O
71-VERRIDE MILL PER PUPIL MATCH AMOUNT" MEANS THE AMOUNT
72-OF THE OVERRIDE MILL MATCH AMOUNT THAT THE DEPARTMENT
73-DISTRIBUTES TO AN ELIGIBLE DISTRICT PURSUANT TO SUBSECTION
74- (5)(a) OF
75-THIS SECTION FOR A BUDGET YEAR
76-, DIVIDED BY THE ELIGIBLE DISTRICT'S
77-FUNDED PUPIL COUNT FOR THAT BUDGET YEAR
78-.
106+VERRIDE MILL PER PUPIL MATCH AMOUNT " MEANS THE15
107+AMOUNT OF THE OVERRIDE MILL MATCH AMOUNT THAT THE DEPARTMENT16
108+DISTRIBUTES TO AN ELIGIBLE DISTRICT PURSUANT TO SUBSECTION (5)(a)17
109+OF THIS SECTION FOR A BUDGET YEAR , DIVIDED BY THE ELIGIBLE18
110+DISTRICT'S FUNDED PUPIL COUNT FOR THAT BUDGET YEAR .19
79111 (j) "O
80-VERRIDE MILLS" MEANS PROPERTY TAX MILLS THAT A DISTRICT
81-LEVIES PURSUANT TO SECTION
82-22-54-108.
112+VERRIDE MILLS" MEANS PROPERTY TAX MILLS THAT A20
113+DISTRICT LEVIES PURSUANT TO SECTION 22-54-108.21
83114 (k) "S
84-MALL RURAL DISTRICT" HAS THE SAME MEANING AS PROVIDED
85-IN SECTION
86-22-54-108.
87-PAGE 2-SENATE BILL 22-202 (l) "TOTAL PROGRAM" MEANS THE AMOUNT OF TOTAL PROGRAM
88-FUNDING FOR A DISTRICT CALCULATED PURSUANT TO SECTION
89-22-54-104 (2)
90-BEFORE APPLICATION OF THE BUDGET STABILIZATION FACTOR .
115+MALL RURAL DISTRICT" HAS THE SAME MEANING AS22
116+PROVIDED IN SECTION 22-54-108.23
117+(l) "T
118+OTAL PROGRAM" MEANS THE AMOUNT OF TOTAL PROGRAM24
119+FUNDING FOR A DISTRICT CALCULATED PURSUANT TO SECTION 22-54-10425
120+(2)
121+ BEFORE APPLICATION OF THE BUDGET STABILIZATION FACTOR .26
91122 (2) (a) B
92-EGINNING IN THE 2022-23 BUDGET YEAR AND FOR EACH
93-BUDGET YEAR THEREAFTER
94-, THE DEPARTMENT, IN JUNE OF EACH BUDGET
95-YEAR
96-, SHALL CALCULATE AND DISTRIBUTE AS A LUMP SUM TO EACH ELIGIBLE
97-DISTRICT AND EACH ELIGIBLE INSTITUTE CHARTER SCHOOL AN OVERRIDE
98-MILL MATCH AMOUNT AS PROVIDED IN THIS SECTION
99-. THE DEPARTMENT
100-SHALL DISTRIBUTE THE OVERRIDE MILL MATCH AMOUNT FROM MONEY
101-ANNUALLY APPROPRIATED FROM THE MILL LEVY OVERRIDE MATCH FUND
102-CREATED IN SUBSECTION
103-(6) OF THIS SECTION. IN A BUDGET YEAR IN WHICH
104-THE GENERAL ASSEMBLY DOES NOT APPROPRIATE A SUFFICIENT AMOUNT TO
105-FULLY FUND THE DISTRIBUTIONS CALCULATED PURSUANT TO THIS SECTION
106-,
107-THE DEPARTMENT SHALL REDUCE THE AMOUNT OF EACH ELIGIBLE DISTRICT 'S
108-AND EACH ELIGIBLE INSTITUTE CHARTER SCHOOL
109-'S DISTRIBUTION BY THE
110-SAME PERCENTAGE THAT THE DEFICIT BEARS TO THE AMOUNT REQUIRED TO
111-FULLY FUND THE DISTRIBUTIONS CALCULATED PURSUANT TO THIS SECTION
112-.
123+EGINNING IN THE 2022-23 BUDGET YEAR AND FOR EACH27
124+202
125+-3- BUDGET YEAR THEREAFTER , THE DEPARTMENT, IN JUNE OF EACH BUDGET1
126+YEAR, SHALL CALCULATE AND DISTRIBUTE AS A LUMP SUM TO EACH2
127+ELIGIBLE DISTRICT AND EACH ELIGIBLE INSTITUTE CHARTER SCHOOL AN3
128+OVERRIDE MILL MATCH AMOUNT AS PROVIDED IN THIS SECTION . THE4
129+DEPARTMENT SHALL DISTRIBUTE THE OVERRIDE MILL MATCH AMOUNT5
130+FROM MONEY ANNUALLY APPROPRIATED FROM THE MILL LEVY OVERRIDE6
131+MATCH FUND CREATED IN SUBSECTION (6) OF THIS SECTION. IN A BUDGET7
132+YEAR IN WHICH THE GENERAL ASSEMBLY DOES NOT APPROPRIATE A8
133+SUFFICIENT AMOUNT TO FULLY FUND THE DISTRIBUTIONS CALCULATED9
134+PURSUANT TO THIS SECTION , THE DEPARTMENT SHALL REDUCE THE10
135+AMOUNT OF EACH ELIGIBLE DISTRICT 'S AND EACH ELIGIBLE INSTITUTE11
136+CHARTER SCHOOL'S DISTRIBUTION BY THE SAME PERCENTAGE THAT THE12
137+DEFICIT BEARS TO THE AMOUNT REQUIRED TO FULLY F UND THE13
138+DISTRIBUTIONS CALCULATED PURSUANT TO THIS SECTION .14
113139 (b) T
114-HE OVERRIDE MILL MATCH AMOUNT THAT AN ELIGIBLE DISTRICT
115-RECEIVES PURSUANT TO THIS SECTION IS DEEMED TO BE ADDITIONAL MILL
116-LEVY REVENUE THAT IS SUBJECT TO DISTRIBUTION TO THE CHARTER
117-SCHOOLS OF THE DISTRICT IN THE SAME MANNER THAT THE DISTRICT
118-DISTRIBUTES OTHER ADDITIONAL MILL LEVY REVENUE THAT IT COLLECTS TO
119-THE CHARTER SCHOOLS OF THE DISTRICT PURSUANT TO SECTION
120-22-32-108.5.
140+HE OVERRIDE MILL MATCH AMOUNT THAT AN ELIGIBLE15
141+DISTRICT RECEIVES PURSUANT TO THIS SECTION IS DEEMED TO BE16
142+ADDITIONAL MILL LEVY REVENUE THAT IS SUBJECT TO DISTRIBUTION TO17
143+THE CHARTER SCHOOLS OF THE DISTRICT IN THE SAME MANNER THAT THE18
144+DISTRICT DISTRIBUTES OTHER ADDITIONAL MILL LEVY REVENUE THAT IT19
145+COLLECTS TO THE CHARTER SCHOOLS OF THE DISTRICT PURSUANT TO20
146+SECTION 22-32-108.5.21
121147 (3) (a) F
122-OR THE 2022-23 BUDGET YEAR AND FOR EACH BUDGET YEAR
123-THEREAFTER
124-, THE DEPARTMENT SHALL ANNUALLY DETERMINE EACH
125-DISTRICT
126-'S MAXIMUM NUMBER OF OVERRIDE MILLS , WHICH IS EQUAL TO THE
127-NUMBER OF MILLS THAT A DISTRICT MAY LEVY FOR THE APPLICABLE
128-PROPERTY TAX YEAR TO GENERATE PROPERTY TAX REVENUE EQUAL TO
129-TWENTY
130--FIVE PERCENT, OR THIRTY PERCENT IN THE CASE OF A SMALL RURAL
131-DISTRICT
132-, OF THE DISTRICT'S:
148+OR THE 2022-23 BUDGET YEAR AND FOR EACH BUDGET22
149+YEAR THEREAFTER, THE DEPARTMENT SHALL ANNUALLY DETERMINE EACH23
150+DISTRICT'S MAXIMUM NUMBER OF OVERRIDE MILLS , WHICH IS EQUAL TO24
151+THE NUMBER OF MILLS THAT A DISTRICT MAY LEVY FOR THE APPLICABLE25
152+PROPERTY TAX YEAR TO GENERATE PROPERTY TAX REVENUE EQUAL TO26
153+TWENTY-FIVE PERCENT, OR THIRTY PERCENT IN THE CASE OF A SMALL27
154+202
155+-4- RURAL DISTRICT, OF THE DISTRICT'S:1
133156 (I) T
134-OTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR , IF TEN
135-PERCENT OR LESS OF THE DISTRICT
136-'S FUNDED PUPIL COUNT FOR THE
137-APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE DISTRICT
138-'S ONLINE
139-PUPIL ENROLLMENT
140-; OR
141-PAGE 3-SENATE BILL 22-202 (II) ADJUSTED TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR
142-CALCULATED PURSUANT TO SUBSECTION
143- (3)(b) OF THIS SECTION, IF MORE
144-THAN TEN PERCENT OF THE DISTRICT
145-'S FUNDED PUPIL COUNT FOR THE
146-APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE DISTRICT
147-'S ONLINE
148-PUPIL ENROLLMENT
149-.
157+OTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR , IF TEN2
158+PERCENT OR LESS OF THE DISTRICT 'S FUNDED PUPIL COUNT FOR THE3
159+APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE DISTRICT 'S ONLINE4
160+PUPIL ENROLLMENT; OR5
161+(II) A
162+DJUSTED TOTAL PROGRAM FOR THE APPLICABLE BUDGET6
163+YEAR CALCULATED PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION, IF7
164+MORE THAN TEN PERCENT OF THE DISTRICT 'S FUNDED PUPIL COUNT FOR8
165+THE APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE DISTRICT 'S9
166+ONLINE PUPIL ENROLLMENT.10
150167 (b) I
151-F MORE THAN TEN PERCENT OF A DISTRICT 'S FUNDED PUPIL
152-COUNT FOR THE APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE
153-DISTRICT
154-'S ONLINE PUPIL ENROLLMENT, THE DEPARTMENT SHALL CALCULATE
155-THE DISTRICT
156-'S ADJUSTED TOTAL PROGRAM AS FOLLOWS :
168+F MORE THAN TEN PERCENT OF A DISTRICT 'S FUNDED PUPIL11
169+COUNT FOR THE APPLICABLE BUDGET YEAR IS ATTRIBUTABLE TO THE12
170+DISTRICT'S ONLINE PUPIL ENROLLMENT , THE DEPARTMENT SHALL13
171+CALCULATE THE DISTRICT'S ADJUSTED TOTAL PROGRAM AS FOLLOWS :14
157172 (I) T
158-HE DEPARTMENT SHALL REDUCE THE DISTRICT 'S ONLINE PUPIL
159-ENROLLMENT IN ACCORDANCE WITH THE FOLLOWING FORMULA
160-:
161-DISTRICT ONLINE PUPIL ENROLLMENT - (((DISTRICT FUNDED PUPIL
162-COUNT
163-- DISTRICT ONLINE PUPIL ENROLLMENT) ÷ .9) X .1)
173+HE DEPARTMENT SHALL REDUCE THE DISTRICT 'S ONLINE PUPIL15
174+ENROLLMENT IN ACCORDANCE WITH THE FOLLOWING FORMULA :16
175+DISTRICT ONLINE PUPIL ENROLLMENT - (((DISTRICT FUNDED PUPIL17
176+COUNT - DISTRICT ONLINE PUPIL ENROLLMENT) ÷ .9) X .1)18
164177 (II) T
165-HE DEPARTMENT SHALL SUBTRACT FROM THE DISTRICT 'S TOTAL
166-PROGRAM FOR THE APPLICABLE BUDGET YEAR AN AMOUNT EQUAL TO THE
167-DISTRICT
168-'S REDUCED ONLINE PUPIL ENROLLMENT , CALCULATED PURSUANT
169-TO SUBSECTION
170- (3)(b)(I) OF THIS SECTION, MULTIPLIED BY THE PER PUPIL
171-ONLINE FUNDING AMOUNT FOR THE APPLICABLE B UDGET YEAR AS DESCRIBED
172-IN SECTION
173-22-54-104 (4.5)(c)(II), BEFORE APPLICATION OF THE BUDGET
174-STABILIZATION FACTOR
175-.
178+HE DEPARTMENT SHALL SUBTRACT FROM THE DISTRICT 'S19
179+TOTAL PROGRAM FOR THE APPLICABLE BUDGET YEAR AN AMOUNT EQUAL20
180+TO THE DISTRICT'S REDUCED ONLINE PUPIL ENROLLMENT , CALCULATED21
181+PURSUANT TO SUBSECTION (3)(b)(I) OF THIS SECTION, MULTIPLIED BY THE22
182+PER PUPIL ONLINE FUNDING AMOUNT FOR THE APPLICABLE BUDGET YEAR23
183+AS DESCRIBED IN SECTION 22-54-104 (4.5)(c)(II), BEFORE APPLICATION OF24
184+THE BUDGET STABILIZATION FACTOR .25
176185 (4) (a) F
177186 OR THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR
178-THEREAFTER
179-, THE DEPARTMENT SHALL IDENTIFY THE FIVE -YEAR AVERAGE
180-MEDIAN HOUSEHOLD INCOME FOR EACH DISTRICT IN THE STATE
181-, REFERRED
182-TO IN THIS SECTION AS THE
183-"AVERAGE MEDIAN INCOME ", USING THE
184-INFORMATION REPORTED BY THE
185-UNITED STATES CENSUS BUREAU 'S
186-AMERICAN COMMUNITY SURVEY FOR THE APPLICABLE BUDGET YEAR . THE
187-DEPARTMENT SHALL DETERMINE THE AM OUNT OF THE DIFFERENCE BETWEEN
188-THE HIGHEST AVERAGE MEDIAN INCOME AND LOWEST AVERAGE MEDIAN
189-INCOME AMONG ALL DISTRICTS IN THE STATE
190-, REFERRED TO IN THIS SECTION
191-AS THE
192-"MEDIAN INCOME GAP".
187+26
188+THEREAFTER, THE DEPARTMENT SHALL IDENTIFY THE FIVE-YEAR AVERAGE27
189+202
190+-5- MEDIAN HOUSEHOLD INCOME FOR EACH DISTRICT IN THE STATE , REFERRED1
191+TO IN THIS SECTION AS THE "AVERAGE MEDIAN INCOME ", USING THE2
192+INFORMATION REPORTED BY THE UNITED STATES CENSUS BUREAU 'S3
193+A
194+MERICAN COMMUNITY SURVEY FOR THE APPLICABLE BUDGET YEAR . THE
195+ 4
196+ DEPARTMENT SHALL DETERMINE THE AM OUNT OF THE DIFFERENCE5
197+BETWEEN THE HIGHEST AVERAGE MEDIAN INCOME AND LOWEST AVERAGE6
198+MEDIAN INCOME AMONG ALL DISTRICTS IN THE STATE , REFERRED TO IN7
199+THIS SECTION AS THE "MEDIAN INCOME GAP".8
193200 (b) U
194-SING THE AVERAGE MEDIAN INCOME FOR EACH DISTRICT , THE
195-DEPARTMENT SHALL ANNUALLY DETERMINE FOR EACH DISTRICT THE
196-DISTRICT
197-'S OVERRIDE MILL CAPACITY, WHICH IS THE NUMBER OF OVERRIDE
198-MILLS THE DISTRICT MAY BE EXPECTED TO LEVY TOWARD THE DISTRICT
199-'S
200-MAXIMUM NUMBER OF OVERRIDE MILLS
201-, USING THE FOLLOWING FORMULA :
202-PAGE 4-SENATE BILL 22-202 (((DISTRICT AVERAGE MEDIAN INCOME - LOWEST DISTRICT AVERAGE
203-MEDIAN INCOME
204-) ÷ MEDIAN INCOME GAP) X 20) + 15
201+SING THE AVERAGE MEDIAN INCOME FOR EACH
202+ DISTRICT, THE9
203+DEPARTMENT SHALL ANNUALLY DETERMINE FOR EACH DISTRICT THE10
204+DISTRICT'S OVERRIDE MILL CAPACITY, WHICH IS THE NUMBER OF OVERRIDE11
205+MILLS THE DISTRICT MAY BE EXPECTED TO LEVY TOWARD THE DISTRICT 'S12
206+MAXIMUM NUMBER OF OVERRIDE MILLS , USING THE FOLLOWING FORMULA:13
207+(((
208+DISTRICT AVERAGE MEDIAN INCOME - LOWEST DISTRICT14
209+AVERAGE MEDIAN INCOME ) ÷ MEDIAN INCOME GAP) X 20) + 1515
205210 (5) (a) F
206-OR THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR
207-THEREAFTER
208-, THE DEPARTMENT SHALL CALCULATE THE STATE MATCH
209-PERCENTAGE FOR EACH ELIGIBLE DISTRICT BY SUBTRACTING THE ELIGIBLE
210-DISTRICT
211-'S OVERRIDE MILL CAPACITY FROM THE ELIGIBLE DISTRICT 'S
212-MAXIMUM NUMBER OF OVERRIDE MILLS
213-, THEN DIVIDING THE REMAINDER BY
214-THE ELIGIBLE DISTRICT
215-'S OVERRIDE MILL CAPACITY . THE DEPARTMENT
216-SHALL ANNUALLY DISTRIBUTE TO EACH ELIGIBLE DISTRICT AN OVERRIDE
217-MILL MATCH AMOUNT EQUAL TO THE ELIGIBLE DISTRICT
218-'S STATE MATCH
219-PERCENTAGE MULTIPLIED BY THE AMOUNT OF PROPERTY TAX REVENUE
220-GENERATED BY THE NUMBER OF OVERRIDE MILLS THAT THE ELIGIBLE
221-DISTRICT LEVIES FOR THE APPLICABLE PROPERTY TAX YEAR
222-.
211+OR THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR16
212+THEREAFTER, THE DEPARTMENT SHALL CALCULATE THE STATE MATCH17
213+PERCENTAGE FOR EACH ELIGIBLE DISTRICT BY SUBTRACTING THE ELIGIBLE18
214+DISTRICT'S OVERRIDE MILL CAPACITY FROM THE ELIGIBLE DISTRICT 'S19
215+MAXIMUM NUMBER OF OVERRIDE MILLS , THEN DIVIDING THE REMAINDER20
216+BY THE ELIGIBLE DISTRICT'S OVERRIDE MILL CAPACITY. THE DEPARTMENT21
217+SHALL ANNUALLY DISTRIBUTE TO EACH ELIGIBLE DISTRICT AN OVERRIDE22
218+MILL MATCH AMOUNT EQUAL TO THE ELIGIBLE DISTRICT 'S STATE MATCH23
219+PERCENTAGE MULTIPLIED BY THE AMOUNT OF PROPERTY TAX REVENUE24
220+GENERATED BY THE NUMBER OF OVERRIDE MILLS THAT THE ELIGIBLE25
221+DISTRICT LEVIES FOR THE APPLICABLE PROPERTY TAX YEAR .26
223222 (b) F
224-OR THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR
225-THEREAFTER
226-, THE DEPARTMENT SHALL DISTRIBUTE TO EACH ELIGIBLE
227-INSTITUTE CHARTER SCHOOL AN OVERRIDE MILL MATCH AMOUNT EQUAL TO
228-THE OVERRIDE MILL PER PUPIL MATCH AMOUNT FOR THE ELIGIBLE INSTITUTE
229-CHARTER SCHOOL
230-'S ACCOUNTING DISTRICT MULTIPLIED BY THE ELIGIBLE
231-INSTITUTE CHARTER SCHOOL
232-'S PUPIL ENROLLMENT FOR THE APPLICABLE
233-BUDGET YEAR
234-; EXCEPT THAT THE DEPARTMENT SHALL ENSURE THAT THE
235-TOTAL PER PUPIL AMOUNT DISTRIBUTED TO AN ELIGIBLE INSTITUTE CHARTER
236-SCHOOL PURSUANT TO THIS SECTION AND SECTION
237-22-30.5-513.1 IN A SINGLE
238-BUDGET YEAR DOES NOT EXCEED THE COMBINED TOTAL OF THE ADDITIONAL
239-MILL LEVY REVENUE PER PUPIL AMOUNT AND OVERRIDE MILL PER PUPIL
240-MATCH AMOUNT OF THE ELIGIBLE INSTITUTE CHARTER SCHOOL
241-'S
242-ACCOUNTING DISTRICT FOR THE APPLICABLE BUDGET YEAR
243-.
244-(6) (a) T
245-HE MILL LEVY OVERRIDE MATCH FUND IS CREATED IN THE
246-STATE TREASURY
247-. THE FUND CONSISTS OF MONEY APPROPRIATED OR
248-TRANSFERRED TO THE FUND BY THE GENERAL ASSEMBLY
249-. THE STATE
250-TREASURER SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME DERIVED
251-FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND
252-. SUBJECT TO
253-ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY
254-, FOR THE 2022-23
255-BUDGET YEAR AND EACH BUDGET YEAR THEREAFTER , THE DEPARTMENT
256-SHALL DISTRIBUTE MONEY FROM THE FUND AS DESCRIBED IN THIS SECTION
257-.
258-I
259-N ADDITION, THE DEPARTMENT MAY EXPEND A PORTION OF THE AMOUNT
260-APPROPRIATED FROM THE FUND TO PAY THE DIRECT COSTS THAT THE
261-DEPARTMENT INCURS IN IMPLEMENTING THIS SECTION
262-.
263-PAGE 5-SENATE BILL 22-202 (b) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER TEN
264-MILLION DOLLARS FROM THE GENERAL FUND TO THE MILL LEVY OVERRIDE
265-MATCH FUND
266-.
267-SECTION 2. In Colorado Revised Statutes, 24-75-220, amend as
268-added in House Bill 22-1390 (8) as follows:
269-24-75-220. State education fund - transfers - surplus - legislative
270-declaration. (8) On July 1, 2022, the state treasurer shall transfer three
271-hundred TWO HUNDRED NINETY million dollars from the general fund to the
272-state education fund created in section 17 (4) of article IX of the state
273-constitution.
274-SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
275-$10,041,238 is appropriated to the department of education. This
276-appropriation consists of $41,238 from the general fund and $10,000,000
277-from the mill levy override match fund created in section 22-54-107.9 (6),
278-C.R.S. To implement this act, the department may use this appropriation as
279-follows:
280-(a) $10,000,000 from the mill levy override match fund for mill levy
281-override matching pursuant to section 22-54-107.9, C.R.S.; and
282-(b) $41,238 from the general fund for administration related to
283-public school finance, which amount is based on an assumption that the
284-department will require an additional 0.5 FTE.
285-SECTION 4. Effective date. This act takes effect upon passage;
286-except that sections 2 and 3 of this act take effect only if House Bill
287-22-1390 becomes law, in which case sections 2 and 3 of this act take effect
288-on the effective date of this act or House Bill 22-1390, whichever is later.
289-SECTION 5. Safety clause. The general assembly hereby finds,
290-PAGE 6-SENATE BILL 22-202 determines, and declares that this act is necessary for the immediate
291-preservation of the public peace, health, or safety.
292-____________________________ ____________________________
293-Steve Fenberg Alec Garnett
294-PRESIDENT OF SPEAKER OF THE HOUSE
295-THE SENATE OF REPRESENTATIVES
296-____________________________ ____________________________
297-Cindi L. Markwell Robin Jones
298-SECRETARY OF CHIEF CLERK OF THE HOUSE
299-THE SENATE OF REPRESENTATIVES
300- APPROVED________________________________________
301- (Date and Time)
302- _________________________________________
303- Jared S. Polis
304- GOVERNOR OF THE STATE OF COLORADO
305-PAGE 7-SENATE BILL 22-202
223+OR THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR27
224+202
225+-6- THEREAFTER, THE DEPARTMENT SHALL DISTRIBUTE TO EACH ELIGIBLE1
226+INSTITUTE CHARTER SCHOOL AN OVERRIDE MILL MATCH AMOUNT EQUAL2
227+TO THE OVERRIDE MILL PER PUPIL MATCH AMOUNT FOR THE ELIGIBLE3
228+INSTITUTE CHARTER SCHOOL'S ACCOUNTING DISTRICT MULTIPLIED BY THE4
229+ELIGIBLE INSTITUTE CHARTER SCHOOL 'S PUPIL ENROLLMENT FOR THE5
230+APPLICABLE BUDGET YEAR ; EXCEPT THAT THE DEPARTMENT SHALL6
231+ENSURE THAT THE TOTAL PER PUPIL AMOUNT DISTRIBUTED TO AN ELIGIBLE7
232+INSTITUTE CHARTER SCHOOL PURSUANT TO THIS SECTION AND SECTION8
233+22-30.5-513.1
234+ IN A SINGLE BUDGET YEAR DOES NOT EXCEED THE9
235+COMBINED TOTAL OF THE ADDITIONAL MILL LEVY REVENUE PER PUPIL10
236+AMOUNT AND OVERRIDE MILL PER PUPIL MATCH AMOUNT OF THE ELIGIBLE11
237+INSTITUTE CHARTER SCHOOL'S ACCOUNTING DISTRICT FOR THE APPLICABLE12
238+BUDGET YEAR.13
239+(6) (a)
240+ THE MILL LEVY OVERRIDE MATCH FUND IS CREATED IN THE14
241+STATE TREASURY. THE FUND CONSISTS OF MONEY APPROPRIATED OR15
242+TRANSFERRED TO THE FUND BY THE GENERAL ASSEMBLY . THE STATE16
243+TREASURER SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME17
244+DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND .18
245+S
246+UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY , FOR19
247+THE 2022-23 BUDGET YEAR AND EACH BUDGET YEAR THEREAFTER , THE20
248+DEPARTMENT SHALL DISTRIBUTE MONEY FROM THE FUND AS DESCRIBED21
249+IN THIS SECTION. IN ADDITION, THE DEPARTMENT MAY EXPEND A PORTION22
250+OF THE AMOUNT APPROPRIATED FROM THE F UND TO PAY THE DIRECT23
251+COSTS THAT THE DEPARTMENT INCURS IN IMPLEMENTING THIS SECTION .24
252+(b) O
253+N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
254+TEN25
255+MILLION DOLLARS FROM THE GENERAL FUND TO THE MILL LEVY OVERRIDE26
256+MATCH FUND.27
257+202
258+-7- SECTION 2. In Colorado Revised Statutes, 24-75-220, amend1
259+as added in House Bill 22-1390 (8) as follows:2
260+24-75-220. State education fund - transfers - surplus -3
261+legislative declaration. (8) On July 1, 2022, the state treasurer shall4
262+transfer three hundred TWO HUNDRED NINETY million dollars from the5
263+general fund to the state education fund created in section 17 (4) of article6
264+IX of the state constitution.7
265+SECTION 3. Appropriation. (1) For the 2022-23 state fiscal8
266+year, $10,041,238 is appropriated to the department of education. This9
267+appropriation consists of $41,238 from the general fund and $10,000,00010
268+from the mill levy override match fund created in section 22-54-107.9 (6),11
269+C.R.S. To implement this act, the department may use this appropriation12
270+as follows:13
271+(a) $10,000,000 from the mill levy override match fund for mill14
272+levy override matching pursuant to section 22-54-107.9, C.R.S.; and15
273+(b) $41,238 from the general fund for administration related to16
274+public school finance, which amount is based on an assumption that the17
275+department will require an additional 0.5 FTE.18
276+SECTION 4. Effective date. This act takes effect upon passage;19
277+except that sections 2 and 3 of this act take effect only if House Bill20
278+22-1390 becomes law, in which case sections 2 and 3 of this act take21
279+effect on the effective date of this act or House Bill 22-1390, whichever22
280+is later.23
281+SECTION 5. Safety clause. The general assembly hereby finds,24
282+determines, and declares that this act is necessary for the immediate25
283+preservation of the public peace, health, or safety.26
284+202
285+-8-