53A-2-118.3 - Imposition of the capital outlay levy in qualifying divided school districts.
53A-2-118.3. Imposition of the capital outlay levy in qualifying divided schooldistricts.
(1) For purposes of this section:
(a) "Qualifying divided school district" means a divided school district:
(i) located within a county of the second through sixth class; and
(ii) with a new school district created under Section 53A-2-118.1 that begins to provideeducational services after July 1, 2008.
(b) "Qualifying taxable year" means the calendar year in which a new school districtbegins to provide educational services.
(2) Beginning with the qualifying taxable year, in order to qualify for receipt of the statecontribution toward the minimum school program, a school district within a qualifying dividedschool district shall impose a capital outlay levy described in Section 53A-16-107 of at least.0006 per dollar of taxable value.
(3) The county treasurer of a county with a qualifying divided school district shalldistribute revenues generated by the .0006 portion of the capital outlay levy required inSubsection (2) to the school districts located within the boundaries of the qualifying dividedschool district as follows:
(a) 25% of the revenues shall be distributed in proportion to a school district's percentageof the total enrollment growth in all of the school districts within the qualifying divided schooldistrict that have an increase in enrollment, calculated on the basis of the average annualenrollment growth over the prior three years in all of the school districts within the qualifyingdivided school district that have an increase in enrollment over the prior three years, as of theOctober 1 enrollment counts; and
(b) 75% of the revenues shall be distributed in proportion to a school district's percentageof the total current year enrollment in all of the school districts within the qualifying dividedschool district, as of the October 1 enrollment counts.
(4) If a new school district is created or school district boundaries are adjusted, theenrollment and average annual enrollment growth for each affected school district shall becalculated on the basis of enrollment in school district schools located within that school district'snewly created or adjusted boundaries, as of October 1 enrollment counts.
(5) On or before December 31 of each year, the State Board of Education shall provide acounty treasurer with audited enrollment information from the fall enrollment audit necessary todistribute revenues as required by this section.
(6) On or before March 31 of each year, a county treasurer in a county with a qualifyingdivided school district shall distribute, in accordance with Subsection (3), the revenue generatedwithin the qualifying divided school district during the prior calendar year from the capital outlaylevy required in Subsection (2).
Amended by Chapter 3, 2010 General Session