DEAA – Mill Levy Elections

Subject to applicable State law, if the Board of Education is of the opinion that revenues in excess of those provided through equalization program funding are necessary to provide for the needs of the District, the Board may seek authorization at an election to raise additional local property tax revenues. The requested amount shall not exceed 25% of the District's total program funding for the budget year in which the limitation was reached or $200,000, whichever is greater. Subject to applicable State law, the Board shall call an election to raise additional local revenues if an initiative petition containing signatures of at least five percent of the registered electors in the District is properly submitted to the Board. An initiative petition shall be submitted at least 90 days prior to the election date in order to be valid. The District shall conduct the election on the first Tuesday in November in odd-numbered years. The election shall be held in conjunction with the general election in even-numbered years. Insofar as possible, an effort shall be made to coordinate the mill levy election with elections to be conducted by city and county officials. The Board shall designate an election official who shall be responsible for conducting the election. If other jurisdictions that have overlapping boundaries or the same electors as the school district are conducting an election on the same day, the county clerk and recorder shall conduct the election as a coordinated election to allow voters to vote on all ballot issues at one polling place. The decision whether the election will be conducted as a polling place election or by mail ballot is one which shall be made by the county clerk. The election shall be conducted pursuant to an intergovernmental agreement between the District and the county clerk and recorder for each county in which the District has territory. The agreement shall allocate responsibilities between the county clerk and the District for the preparation and conduct of the election and shall be signed no less than 60 days prior to the election. Transportation Mill Levy Subject to applicable law, the Board of Education may submit the question of whether to impose a mill levy for the payment of excess transportation costs at an election held in conjunction with the regular biennial election in odd-numbered years or with the general election in even-numbered years. Excess transportation costs are defined as the current operating and capital expenditures for student transportation minus any state reimbursement payment based on amounts expended and received in a 12-month period as specified in state law. If the measure passes, the District shall deposit the resulting revenue in the transportation fund. Full-Day Kindergarten Levy The Board of Education may submit the question of whether to impose a mill levy for additional local property tax revenue to provide funding for excess full-day kindergarten program costs for the then-current budget year and each budget year thereafter. Excess full-day kindergarten program costs are defined as the operating costs that exceed the revenue the District receives from the school funding formula for full-day kindergarten. The Board may also include a question of whether to impose an additional mill levy of a stated amount and limited duration to meet the initial capital construction needs of the District associated with a full-day kindergarten program. The revenue from a tax levied for full-day kindergarten shall be deposited in the full-day kindergarten fund of the District. Special Building and Technology Levy The Board of Education may submit the question of whether to impose a mill levy for the purpose of acquiring, maintaining, or constructing schools or for the purchase and installation of instructional and informational technology. Such levy shall be of a stated amount for deposit to the special building and technology fund and not to exceed ten mills in any year or exceed three years in duration. Election Information Expenditures of any school district funds or any contribution to otherwise inform voters about mill levy election issues must be specifically authorized and directed by the Board. The District may only dispense a factual summary which includes arguments both for and against the proposal without an expression of any conclusion or opinions in favor of or against any particular issue addressed by the summary. Senior Citizen Tax Offset Program The District shall employ qualified senior citizens who may apply their earnings to offset a portion of their school property taxes. By so doing, the District shall enhance student learning by using the skills of senior citizens and increase community involvement in Cherry Creek Schools.
Cross References: DBG - Budget Adoption
Legal References: Article X, Section 20, Colorado Constitution
C.R.S. § 1-1-101 through 1-13-108 et. Seq. (Uniform Election Code of 1992)
C.R.S. § 1-7.5-101 et seq. (Mail Ballot Elections Act)
C.R.S. § 1-45-117 (Fair Campaign Practices Act)
C.R.S. § 22-31-101 et seq. (School District Directors - Elections)
C.R.S. § 22-40-102 (1.5) and (1.7) (Certification - Tax Revenues)
C.R.S. § 22-54-108 (Authorization of Additional Local Revenues)
C.R.S. § 22-54-108.5 (Authorization of Additional Local Revenues - Full Day Kindergarten)
C.R.S. § 22-53-101 (repealed)
Adoption Date: August 01, 1997 Last Revised: November 14, 2011
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