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University of Colorado Law School Colorado Law Scholarly Commons Session Laws 1951-2000 Colorado Session Laws 1978 Concerning Public School Finance, and Making an Appropriation Therefor Colorado General Assembly Follow this and additional works at: https://scholar.law.colorado.edu/session-laws-1951-2000 Recommended Citation Colorado General Assembly, "Concerning Public School Finance, and Making an Appropriation Therefor" (1978). Session Laws 1951-2000. 7839. https://scholar.law.colorado.edu/session-laws-1951-2000/7839 This Act is brought to you for free and open access by the Colorado Session Laws at Colorado Law Scholarly Commons. It has been accepted for inclusion in Session Laws 1951-2000 by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact rebecca.ciota@colorado.edu. Ch. 69 EDUCATION 369CHAPTER 69EDUCATIONPUBLIC SCHOOL FINANCE ACT OF 1973SENATE BILL NO. 25. B Y  SENATORS Miikkfohn, L. Fowler, Cooper, Phelps, D. Sandoval, ami Woodard; also REPRESENTATIVES Bledsoe, BartthSJl, Brinlpn, B rsd fl, Knox. Orten, Sears. Traylor, Babitz, Baca Barragan, Baley, Brown, Cantrell, DcMoulin, DcNier, Gustafson, Hamlin, Howe. Hume, Jones, Lillpop, Lloyd, Lucero, Massarj, McCroskey, Neale, Schaefer, Sears, Showalter, Strahlc, Tancredo, Taylor, Valdez, Waldow, Witherspoon, Yost, and Zakhcm.S .AN ACTCONCERNING PUBLIC SCHOOL FINANCE, AND MAKING ANAPPROPRIATION THEREFOR.Be It enacted by the General Assem bly o f  the S ta te  o f  Colorado:■ f  '  '  .Section 1. 22-50-105 (1) (a), Colorado Revised Statutes 1973, as amended, and as further amended by Session Laws of Colorado 1977, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS to read:22-50-105. State equalization program - district support level - state’s share. (1) (a) (VI) For 1979, forty-two dollars and twenty-five cents for each pupil of attendance entitlement for each mill levied for the general fund of the district for collection during 1979;(VII) For 1980, forty-five dollars and eighty-five cents for each pupil of attendance entitlement for each mill levied for the general fund of the district for collection during 1980.Section 2. 22-50-105 (1) (b) and (I) (c), Colorado Revised Statutes 1973, as amended by Session Laws of Colorado of 1977, are REPEALED AND REENACTED, WITH AMENDMENTS, to read:22-50-105. State equalization program - district support level - state’s share. (1) (b) The equalization support level under this subsection (1) for the budget years 1981, 1982, 1983, and thereafter, shall be established at a level which assures that the same amount of funds will be distributed for equalization support under this subsection (1) in each such budget yearCapital letters indicate new material added to existing statutes; dashes through words indicate deletions from  existing statutes and such material not part o f  act.as was distributed for equalization support under this subsection (1) in the immediately preceding budget year.(c) The equalization program support level for 1979 and thereafter shall be one hundred seven and one-half percent of the appropriate annual levels specified in this subsection (1) for a district if the quotient of the district’s attendance entitlement divided by the number of square mites within the territorial boundaries of the district is in excess of five hundred and the attendance entitlement of the district exceeds fifty thousand.Section 3. 22-50-105 (2) (d .l), Colorado Revised Statutes 1973, asenacted by chapter 264, Session Laws of Colorado 1977, is amended, and the said 22-50-105 (2), as amended, is further amended BY THE ADDI­TION OF THE FOLLOWING NEW PARAGRAPHS, to read:22-50-105. State equalization program - district support level - state’s share. (2) (d.l) For 1978, eleven dollars and thirty-five cents for each pupil of attendance entitlement, multiplied by the number of mills levied for the general fund of the district for collection during 1978; --For 1979 and- thereafter^ the general assembly shell annually review and adjust- the program support level;(d.2) For 1979, except as provided in paragraph (d.6) of this subsec­tion (2), eleven dollars and thirty-five cents for each pupil of attendance entitlement, multiplied by the number of mills levied for the general fund of the district for collection during 1979;(d.3) For 1980, except as provided in paragraph (d.6) of this subsec­tion (2), eleven dollars and thirty-five cents for each pupil of attendance entitlement, multiplied by the number of mills levied for the general fund of the district for collection during 1980;(d.4) For 1981, except as provided in paragraph (d.6) of this subsec­tion (2), eleven dollars and thirty-five cents for each pupil of attendance entitlement, multiplied by the number of mills levied for the general fund of the district for collection during 1981;(d,5) For 1982, except as provided in paragraph (d.6) of this subsec­tion (2), eleven dollars and thirty-five cents for each pupil of attendance entitlement, multiplied by the number of mills levied for the general fund of the district for collection during 1982. For 1983 and thereafter,.the gen­eral assembly shall annually review and adjust the program support level. In the absence of adjustment of the program support level by the general assembly, the program support level for 1982 shall be continued and funded by appropriation for 1983 and thereafter;(d.6) For 1979 and thereafter, the amount specified in this paragraph (d.6) for each pupil of attendance entitlement, multiplied by the number of mills levied for the general fund of the district for collection during such year if the number of mills to be levied for the general fund of the district for collection during such year would be greater than twenty if computed without regard to this paragraph (d.6):(I) For 1979, twelve dollars and thirty-five cents;(II) For 1980 and each year thereafter, thirteen dollars and thirty-fivecents. .370 EDUCATION Ch. 69Ch. 69 EDUCATION 371Section 4. Article 50 of title 22, Colorado Revised Statutes 1973, as amended, and as further amended by Session Laws of Colorado 1977, is amended BY THE ADDITION OF A NEW SECTION to read:22-50-105.7, Notice to taxpayers of reduced mill levy attributable to funds received pursuant to this article. The department of education shall assist each district in complying with the requirements of section 22-40-102 (6).Section 5. 22-50-106, Colorado Revised Statutes 1973, as amended,and as further amended by Session Laws of Colorado 1977, is REPEALED AND REENACTED, WITH AMENDMENTS, to read: ■22-50-106. Authorized revenue base per pupil of attendance entitlement - limitation. (1) For each budget year, the “revenue base” per pupil of attendance entitlement in a district shall be the sum of the total amount of property tax revenue which the district is eligible to receive from the levy of the district for its general fund during the budget year, assuming one hundred percent collection of such levy, plus the total amount of equalization support which the district is eligible to receive from the state during the budget year pursuant to provisions of this article, divided by the attendance entitlement of the district for the budget year.(2) (a) (1) For the 1978 budget year, the authorized revenue base ofa district for each pupil of attendance entitlement shall be the revenuebase for each pupil of attendance entitlement for that district for the 1977 budget year plus one hundred twenty dollars.(II) In order to provide for the replacement of revenue that would otherwise be lost to districts as a result of changes in procedures formobile home taxation as provided in part 2 of article 5 of title 39, C.R.S.1973, an increase in the authorized revenue base per pupil of attendance entitlement of each district shall be allowed for the 1978 budget year in an amount equal to the total mobile home specific ownership taxes received by the district in the calendar year 1977 divided by the 1977 attendance entitlement-of the district. The computation for such increase shall be verified by the state board of education and certified to the dis­trict. ,(b) For the 1979 budget year, the authorized revenue base of a district for each pupil of attendance entitlement shall be the revenue base for each pupil of attendance entitlement for that district for the 1978 budget year plus one hundred thirty dollars; except that no district shall be required to have an authorized revenue base less than one thousand four hundred dollars per pupil of attendance entitlement.(c) For the 1980 budget year, the authorized revenue base of a district for each pupil of attendance entitlement shall be the revenue base for each pupil of attendance entitlement for that district for the 1979 budget year plus one hundred forty dollars; except that no district shall be required to have an authorized revenue base less than one thousand six hundred dollars per pupil of attendance entitlement.(d) For the 1981 budget year, the authorized revenue base of a district for each pupil of attendance entitlement shall be the revenue base for each372 EDUCATION Ch. 69pupil of attendance entitlement for that district for the 1980 budget year plus one hundred fifty dollars; except that no district shall be required to have an authorized revenue base less than one thousand eight hundred dollars per pupil of attendance entitlement.(e) For the 1982 budget year, the authorized revenue base of a district for each pupil of attendance entitlement shall be the revenue base for each pupil of attendance entitlement for that district for the 1981 budget year plus one hundred sixty dollars.(0 For 1983 and thereafter, the general assembly shall review and establish the authorized revenue base of a district for each pupil of attend­ance entitlement; except that, in the absence of such action, the authorized revenue base of a district for each pupil of attendance entitlement shall be one hundred seven percent of the revenue base for each pupil of attend­ance entitlement for that district for the immediately preceding year.(3) Except as provided in sections 22-50-107 and 22-50-108, the board of education of a district may not certify a levy requirement for an amount which, together with the state equalization support the district is eligible to receive during the budget year, shall exceed the district’s authorized revenue base multiplied by the district’s attendance entitlement for the budget year.Section 6. Article 50 of title 22, Colorado Revised Statutes 1973, as amended, and as further amended by Session Laws of Colorado 1977, is amended BY THE ADDITION OF A NEW SECTION to read:22-50-101.7. Legislative declaration - use of general fund revenues in excess of seven percent limitation to fund article. (1) The general assembly hereby finds and declares that the funding of this article through appropri­ation of general fund revenues in excess of the seven percent limitation prescribed in section 24-75-201,1, C.R.S. 1973, is proper to the extent that the distribution of said revenues under this article will achieve property tax relief.(2) The general assembly hereby declares that it is the intent of this article and sections 22-40-102 (6) and 39-10-103, C.R.S. 1973, to recog­nize and accommodate some of the geographic, demographic, and eco­nomic conditions which cause levels of taxation and costs of education to vary among the school districts of the state and, through a variety of fund­ing mechanisms, to provide school districts with the fiscal capability to deliver educational services to children enrolled in public schools in accord­ance with the constitution and laws of the state of Colorado.Section 7. 22-50-113.7 (2) and (3), Colorado Revised Statutes 1973, as enacted by chapter 264, Session Laws of Colorado 1977, are amended to read; -22-50-113.7. Aid for instructional television. (2) Beginning January 1, 1977, and for each budget year thereafter, a school district qualified for state support pursuant to the provisions of SUBSECTION (1) OF this section shall receive one dollar for each pupil of attendance entitlement in school districts within the coverage area of such station, as defined by 47 C.F.R. 73.683, and determined by the department of education.Ch. 69 EDUCATION 373(3) In addition to school districts covered under the provisions of sub­sections (1) and (2) of this section, any other school districts supporting a licensed public educational television station shall receive one dollar for each rmrtehittg- dellw  paté by PUPIL OF ATTENDANCE ENTITLEM ENT IN the school district. Such moneys received -and matched by the local school district shall be paid by the district to the educational television station. The total state assistance for this subsection (3) shall not exceed one hundred thousand dollars.Section 8. 22-50-118, Colorado Revised Statutes 1973, as enacted bySession Laws of Colorado 1977, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:22-50-118. School finance study. (1) The speaker of the house of representatives and the president of the senate shall appoint a fifteen- member committee, to be constituted of legislators and other persons hav­ing interest in school finance, to study school finance during the 1978 and 1979 interim periods. The speaker shall appoint eight members of said committee, and the president shall appoint seven members. The nonlegislator members of said committee shall be reimbursed at the same level as stale employees for their actual expenses incurred and shall have authority to vote on matters considered by said committee, and said mem­bers shall not be comprised solely of public school teachers and adminis­trative personnel. Said committee shall submit a preliminary report to the first regular session of the fifty-second genera! assembly and a final report to the second regular session of the fifty-second general assembly.(2) The legislative council and legislative drafting office shall provide staff services for said committee. All expenditures incurred in the conduct of said study shall be paid by vouchers and warrants drawn as provided by law from funds allocated for research studies from appropriations made by the general assembly.Section 9. 22-40-102, Colorado Revised Statutes 1973, as amended, isamended BY THE ADDITION OF A NEW SUBSECTION to read:22-40-102. Certification - tax revenues. (6) Each school district, with such assistance as may be required from the department of education, shall inform the county treasurer for each county within the district’s boundaries no later than December 15 of each year of said district’s gen­eral fund mill levy in the absence of funds estimated to be received by said district pursuant to the “Public School Finance Act of 1973”, article 50 of this title, and the estimated funds to be. received for the general fund of the district from the state.Section 10, 39-10-103, Colorado Revised Statutes 1973, as amendedby chapters 494 and 501, Session Laws of Colorado 1977, is amended to read:39-10-103. Tax statement. (1) As soon as practicable after January 1, the treasurer shall mail to each person whose name appears on the tax list and warrant a statement showing the amount of taxes payable by him, which statement shall separately fist the amount of taxes levied on real and personal property and shall recite the amount of valuation for assess­ment upon which such taxes were levied. Failure of any person to receive!374 EDUCATION Ch. 69such statement shall not preclude collection by the treasurer of the amount of taxes due from and payable by such person. Such statement shall include a notice that, if such person desires a receipt for payment of taxes, he shall request such receipt. The statement may also state what each mill levy would have been For each taxing district for the prior tax year based upon the current year’s valuation for assessment. i(2) EACH PERSON WHOSE NAME APPEARS ON THE TAX LIST AND WARRANT SHALL BE INFORMED IN WRITING OF pTHE ACTUAL SCHOOL DISTRICT GENERAL FUND MILL LEVY 6AND THE SCHOOL DISTRICT GENERAL FUND MILL LEVY IN £ABSENCE OF FUNDS ESTIM ATED TO BE RECEIVED BY |SCHOOL DISTRICTS PURSUANT TO THE “PUBLIC SCHOOL !FINANCE ACT OF 1973”, ARTICLE 50 OF TITLE 22, C.R.S. 1973, §AND THE ESTIMATED FUNDS TO BE RECEIVED FOR THE IGENERAL FUNDS OF DISTRICTS FROM THE STATE. jSection 11. 22-50-102 (1) (b), Colorado Revised Statutes 1973, as ;■ amended, is amended to read: j22-50-102. Definitions. (1) (b) For the period July 1, 1976, through June 30, 1978 1979, pupils enrolled in kindergarten classes shall be counted as one-half day of attendance or, alternatively, not more than a total of ninety full days per year of attendance, regardless of the number of days or hours of actual attendance; except that a district shall be enti- \ tied to count as one full day of attendance for the entire year the number of pupils enrolled in kindergarten classes of four hours and fifteen minutes ; per day or more, not to exceed the number counted by the district as full- day pupils during the four-week period ending the fourth Friday of Octo­ber, 1975, or other counting period as provided in section 22-50-104 (I), during the calendar year 1975. The total number of pupils enrolled in kin- i dergarten classes statewide who may be counted as one full day of attend­ance for the entire year shall not exceed three thousand five hundred.Section 12. Repeal. 22-50-105 (2) (e), Colorado Revised Statutes 1973, |is repealed. jSection 13. Appropriation. There is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, for the fiscal year commencing July 1, 1978, the sum of thirty-four million nine hundred sixty-seven thousand dollars ($34,967,000), or so much thereof as may be j necessary, to the department of education for implementation of this act.Section 14. Effective date. This act shall take effect July 1, 1978.Section 15. Safety clause. The general assembly hereby finds, deter­mines, and declares that this act is necessary for the immediate preser­vation of the public peace, health, and safety. jApproved: May 2, 1978 j

Concerning Public School Finance, and Making an Appropriation Therefor

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Concerning Public School Finance, and Making an Appropriation Therefor

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