LD 1
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Page 59 of 70 An Act To Increase the State Share of Education Costs, Reduce Property Taxes an... Page 61 of 70
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LR 328
Item 1

 
received by the county from the State in that fiscal year, with
respect to services funded in whole or in part by assessments,
less the following product:__the amount of such funds received in
the prior fiscal year multiplied by an adjustment factor.__The
adjustment factor equals:__one; plus the income growth factor
described in subsection 3; plus the annual property growth factor
for member municipalities as defined in subsection 1.__In the
event a county receives net new funds in any fiscal year for
which its assessment limit has not been adjusted as provided in
this subsection, the county must adjust its assessment limit in
the following year in an amount equal to the net new funds.

 
5.__Extraordinary events.__Upon the affirmative vote of a
majority of its governing body, a county may exceed its
assessment limit in such an amount as necessary to comply with a
court order or decree or to respond to an extraordinary event.__
An "extraordinary event" includes any catastrophic event outside
the control of the county commissioners such as a natural
disaster, severe weather event, act of God, act of terrorism,
fire, war and riot, but in no event may an "extraordinary event"
include a change in economic conditions, revenue shortfall or
increase in salaries or benefits.__An appropriation made under
this subsection may not cause the county's assessment limit to be
adjusted for any future fiscal years nor may such an
appropriation continue for longer than required to comply with
the court order or decree or to address the extraordinary event.

 
6.__Referendum.__A county may elect to raise its assessment
limit upon the affirmative vote of the voters of the county by
written referendum vote held at any regular or special election.__
Notwithstanding any law to the contrary, such referendum may be
called only upon the affirmative vote of a majority of the county
commissioners and must be governed according to state law and any
applicable charter.__The warrant for the referendum must set
forth the question to be determined, which must be in the
following form:__"Do you favor raising the levy limit of [name of
county] for the purpose of [insert purpose]?"

 
7.__Treatment of surplus.__Any assessments collected by a
county in any fiscal year in excess of its assessment limit, as
determined by a final audited accounting, must be transferred to
a property tax relief fund, which each county must establish, and
used to reduce assessments in subsequent fiscal years.__Nothing
in this subsection is intended to limit the ability of a county
to maintain adequate reserves as permitted by law, provided that
annual allocations or appropriations of funds to reserves are
treated as appropriations subject to the appropriation limits set
forth in subsection 1.


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