C.R.S. Section 22-54-107.5
Authorization of additional local revenues for supplemental cost of living adjustment

(1)

Except as otherwise provided in subsection (6) of this section, notwithstanding any law to the contrary, effective July 1, 2001, any district that desires to raise and expend local property tax revenues in excess of the district’s total program, as determined in accordance with section 22-54-104, and in addition to any property tax revenues levied pursuant to sections 22-54-107 and 22-54-108, 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 paragraph (a) of subsection (3) of this section, thereby authorizing an additional levy in excess of the levy authorized under sections 22-54-106, 22-54-107, and 22-54-108, to provide a supplemental cost of living adjustment for the district for the then current budget year and each budget year thereafter. The question authorized by this subsection (1) shall be submitted at an election held in accordance with section 20 of article X of the state constitution and title 1, C.R.S.

(2)

Except as otherwise provided in subsection (6) of this section, notwithstanding any law to the contrary, effective July 1, 2001, 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, as determined in accordance with section 22-54-104, and in addition to any property tax revenues levied pursuant to sections 22-54-107 and 22-54-108, subject to the limitations of paragraph (a) of subsection (3) of this section, thereby authorizing an additional levy in excess of the levy authorized under sections 22-54-106, 22-54-107, and 22-54-108, to provide a supplemental cost of living adjustment for the district for the then current budget year and each budget year thereafter. The question authorized by this subsection (2) shall be submitted at an election held in accordance with section 20 of article X of the state constitution and title 1, C.R.S. An initiative petition under this subsection (2) shall be signed by at least five percent of the eligible electors in the district at the time the petition is filed.

(3)

Intentionally left blank —Ed.

(a)

The maximum dollar amount of property tax revenue that a district can generate pursuant to this section for any given budget year shall not exceed the difference between what would be the district’s total program for the 2001-02 budget year if calculated using the district’s adjusted cost of living factor for the 2001-02 budget year and the district’s total program for the 2001-02 budget year calculated pursuant to section 22-54-104.

(b)

For purposes of determining a district’s total program for the 2001-02 budget year if calculated using the district’s adjusted cost of living factor, “per pupil funding” under section 22-54-104 (2)(a.5)(IV), as said section existed prior to its repeal in 2003, shall be calculated using the size factor used in the calculation for the prior budget year or the size factor used in the calculation for the 2001-02 budget year, whichever is less, the cost of living factor for the prior budget year, and the at-risk factor calculated for the district using a base at-risk factor of eleven and one-half percent.

(c)

For purposes of this subsection (3), “adjusted cost of living factor” means the district’s cost of living factor determined by dividing the district’s cost of living amount by the lowest cost of living amount of all districts in the state from the current cost of living study, rounded to the nearest one-thousandth of one percent.

(4)

If the maximum dollar amount of property tax revenue allowed for any given budget year pursuant to paragraph (a) of subsection (3) of this section will not be generated by the levy of the total number of mills levied by the district pursuant to this section for the immediately preceding budget year, the total number of mills levied by the district pursuant to this section shall not be increased unless the district submits the question of the increase to the eligible electors in the manner provided in subsection (1) of this section or unless the question of the increase is submitted to the eligible electors by initiative in the manner provided in subsection (2) of this section.

(5)

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, the provisions of subsection (3) of this section shall limit a district’s authority to raise and expend local property tax revenues in excess of the district’s total program as determined in accordance with section 22-54-104.

(6)

On and after June 7, 2002, no question shall be submitted to the eligible electors of a district pursuant to subsection (1) or (2) of this section.

Source: Section 22-54-107.5 — Authorization of additional local revenues for supplemental cost of living adjustment, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-22.­pdf (accessed Oct. 20, 2023).

22‑54‑101
Short title 22‑54‑102
Legislative declaration - statewide applicability - intergovernmental agreements 22‑54‑103
Definitions 22‑54‑104
District total program - definitions - repeal 22‑54‑104.1
General fund appropriations requirements - maintenance of effort base 22‑54‑104.2
Legislative declaration 22‑54‑104.3
Total program for budget years - special provisions 22‑54‑104.6
Implementation of at-risk measure - working group - creation - department duties - reports - legislative declaration - definitions - repeal 22‑54‑104.7
Public school finance - task force - creation - duties - report - definitions - repeal 22‑54‑105
Instructional supplies and materials - capital reserve and insurance reserve - at-risk funding - preschool funding 22‑54‑106
Local and state shares of district total program - legislative declaration - definition - repeal 22‑54‑106.5
Fiscal emergency restricted reserve - calculation of reserve amount 22‑54‑107
Buy-out of categorical programs - total program reserve fund levy 22‑54‑107.5
Authorization of additional local revenues for supplemental cost of living adjustment 22‑54‑107.9
Override mill levy match - calculation - distribution - fund created - legislative declaration - definitions 22‑54‑108
Authorization of additional local revenues - definitions 22‑54‑108.5
Authorization of additional local revenues for full-day kindergarten - definitions 22‑54‑108.7
Authorization of additional local revenues for cash funding of capital construction, new technology, existing technology upgrade, and maintenance needs - definition 22‑54‑109
Attendance in district other than district of residence 22‑54‑110
Loans to alleviate cash flow deficits - financed purchase of an asset agreements 22‑54‑111
Adjustments in valuation for assessment 22‑54‑112
Reports to the state board 22‑54‑113
County public school fund 22‑54‑114
State public school fund - repeal 22‑54‑115
Distribution from state public school fund 22‑54‑116
Notice to taxpayers - assistance by department of education 22‑54‑117
Contingency reserve - fund - repeal 22‑54‑118
Joint districts 22‑54‑119
General provisions 22‑54‑120
Rules and regulations 22‑54‑122
Small attendance center aid 22‑54‑123
Russell national school lunch act - appropriation of state matching funds 22‑54‑123.5
School breakfast program - appropriation - low-performing schools 22‑54‑124
State aid for charter schools - use of state education fund money - definitions 22‑54‑126
Declining enrollment districts with new charter schools - additional aid - definitions 22‑54‑129
Facility school funding - definitions - legislative declaration 22‑54‑136
At-risk per pupil additional funding - definitions 22‑54‑138
Career development success program - created - funding - report - legislative declaration - definitions - repeal 22‑54‑139
Additional funding for schools - use of retail marijuana sales tax revenue transferred to state public school fund - definitions 22‑54‑145
Additional funding for rural schools - 2023-24 budget year - definitions - repeal 22‑54‑146
Hold-harmless at-risk funding - 2023-24 budget year - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 22-54-107.5’s source at colorado​.gov