LD 1
pg. 9
Page 8 of 70 An Act To Increase the State Share of Education Costs, Reduce Property Taxes an... Page 10 of 70
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LR 328
Item 1

 
5.__Adjustment for new state funding.__In the event the State
provides net new funding to a municipality for existing services
funded in whole or in part by property taxes, other than required
state mandate funds pursuant to section 5685 that do not displace
current property tax expenditures, the municipality shall lower
its property tax levy limit in that year in an amount equal to
the net new funds.__For purposes of this subsection, "net new
funds" means the amount of funds received by the municipality
from the State in that fiscal year, with respect to services
funded in whole or in part by property taxes, 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 set forth in
subsection 4; plus the municipality's annual property growth
factor as defined in subsection 1.__In the event a municipality
receives net new funds in any fiscal year for which its levy
limit has not been adjusted as provided in this subsection, the
municipality shall adjust its levy limit in the following year in
an amount equal to the net new funds.

 
6.__Mill rate.__Notwithstanding Title 36, chapter 103, a
municipality may, without the need for voter approval, establish
a property tax mill rate at any level it considers appropriate
and may establish any method of computing property taxes,
provided that, in establishing such mill rate or method of
computation, the tax rate and computation method do not cause the
total property tax levy of the municipality to exceed its
property tax levy limit.

 
7.__Certain taxes.__Nothing in Title 36, chapter 103 may be
interpreted to prohibit the imposition of special district taxes,
user fees or county taxes on any real or personal property,
provided such taxes or fees are otherwise permitted by law.

 
8.__Extraordinary events.__Upon the affirmative vote of a
majority of its legislative body, a municipality may exceed its
property tax levy 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 legislative body such as a natural
disaster, severe weather event, act of God, act of terrorism,
fire, war and riot, but in no event may "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 municipality's property tax
levy 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.


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