A school district subject to the tax limitation on each enrolled student pursuant to § 13-16-7.2 may raise additional revenues for capital outlay fund purposes through the imposition of an excess tax levy. A school district seeking to impose an excess tax levy pursuant to this section is subject to the same opt out procedures and requirements as provided in § 10-12-43. The opt out decision may be referred to a vote of the people in the same manner as provided in § 10-12-43.

A school district imposing an excess tax levy pursuant to this section shall exclude any additional revenue generated by the excess tax levy from the total tax revenues deposited in the capital outlay fund when calculating the maximum allowable transfer to the school district’s general fund authorized under § 13-16-6 . Any additional revenue generated by the excess tax levy may only be used for capital outlay fund purposes pursuant to § 13-16-6 .

In no year may the annual tax levy for capital outlay fund purposes exceed the levy authorized under § 13-16-7 .

Source: SL 2020, ch 55, § 2.