LD 30
pg. 4
Page 3 of 13 An Act To Apply a System of Spending Limitations to State, County and Municipal... Page 5 of 13
Download Bill Text
LR 891
Item 1

 
B.__If a prior year's tax commitment reflects the effect of
extraordinary, nonrecurring events, a municipality may
submit a written notice to the State Tax Assessor requesting
an adjustment in the levy calculation, which adjustment must
be determined in a reasonable amount of time.

 
4.__Income growth factor.__The income growth factor applicable
to fiscal years following the effective date of this section is
the base growth factor, which for purposes of this section means
the average real personal income growth rate as defined in Title
5, section 1665, subsection 1, which rate may not exceed 2.75%.__
For fiscal years commencing after such time as the state tax
burden ranks in the middle 1/3 of all states, the growth factor
must become the personal income growth factor as defined in Title
5, section 1664.__For purposes of this section, "state tax
burden" has the same meaning as set forth in Title 5, section
1664.__For any fiscal year thereafter, if the State Tax Assessor
determines pursuant to Title 5, section 1664 that the state tax
burden has increased to the highest 1/3 of all states, the growth
factor for the following fiscal year must be the base growth
factor.__In all other fiscal years when the state tax burden
ranks in the middle 1/3 of all states, the growth factor must be
the personal income growth factor.

 
5.__Adjustment for new state funding.__If the State provides
net new funds 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.__If 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.__Extraordinary event.__Upon the affirmative vote of its
legislative body, a municipality may exceed its property tax levy
limit in an amount necessary to comply with a court order or
decree or to respond to an extraordinary event.__"Extraordinary
event" includes any catastrophic event outside the control of the
legislative body, such as natural disasters, severe weather


Page 3 of 13 Top of Page Page 5 of 13