53A-2-118.3.   Imposition of the capital outlay levy in qualifying divided school districts.
     (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 provide educational services after July 1, 2008.
     (b) "Qualifying taxable year" means the calendar year in which a new school district begins to provide educational services.
     (2) Beginning with the qualifying taxable year, in order to qualify for receipt of the state contribution toward the minimum school program described in Section 53A-17a-104, a school district within a qualifying divided school 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 shall distribute revenues generated by the .0006 portion of the capital outlay levy required in Subsection (2) to the school districts located within the boundaries of the qualifying divided school district as follows:
     (a) 25% of the revenues shall be distributed in proportion to a school district's percentage of the total enrollment growth in all of the school districts within the qualifying divided school district that have an increase in enrollment, calculated on the basis of the average annual enrollment growth over the prior three years in all of the school districts within the qualifying divided school district that have an increase in enrollment over the prior three years, as of the October 1 enrollment counts; and
     (b) 75% of the revenues shall be distributed in proportion to a school district's percentage of the total current year enrollment in all of the school districts within the qualifying divided school district, as of the October 1 enrollment counts.
     (4) If a new school district is created or school district boundaries are adjusted, the enrollment and average annual enrollment growth for each affected school district shall be calculated on the basis of enrollment in school district schools located within that school district's newly 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 a county treasurer with audited enrollment information from the fall enrollment audit necessary to distribute revenues as required by this section.
     (6) On or before March 31 of each year, a county treasurer in a county with a qualifying divided school district shall distribute, in accordance with Subsection (3), the revenue generated within the qualifying divided school district during the prior calendar year from the capital outlay levy required in Subsection (2).

Enacted by Chapter 236, 2008 General Session
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Last revised: Thursday, May 28, 2009