Bill Text: AZ HB2286 | 2017 | Fifty-third Legislature 1st Regular | Chaptered
Bill Title: Truth in taxation; increase; notice
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-26 - Chapter 198 [HB2286 Detail]
Download: Arizona-2017-HB2286-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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CHAPTER 198
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HOUSE BILL 2286 |
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AN ACT
Amending sections 15-905.01, 15-1461.01, 41-1276, 42-17003, 42-17004, 42‑17107 and 48-254, Arizona Revised Statutes; relating to truth in taxation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-905.01, Arizona Revised Statutes, is amended to read:
15-905.01. Truth in taxation; calculation; notice and hearing; vote on tax increase
A. Each school district shall determine its truth in taxation base limit for expenditures as follows:
1. Determine the amounts budgeted in fiscal year 1999‑2000 for expenditures in the following categories:
(a) Desegregation pursuant to section 15‑910.
(b) Dropout prevention programs.
(c) Career and technical education and vocational education center operations pursuant to section 15‑910.01.
(d) Small school adjustments pursuant to section 15‑949.
2. The sum of the expenditures in paragraph 1 of this subsection for fiscal year 1999‑2000 shall become the truth in taxation base limit.
3. For any year after fiscal year 1999‑2000, a school district whose aggregate budgeted expenditures for the expenditures prescribed in paragraph 1 of this subsection exceed the truth in taxation base limit shall publish a truth in taxation hearing notice that meets the requirements of subsection B of this section. If the amount exceeding the previous truth in taxation base limit is approved by the school district governing board following the hearing prescribed in subsection B of this section, the excess amount plus the previous truth in taxation base limit becomes the school district's new truth in taxation base limit.
4. If a school district no longer qualifies for one or more of the expenditures prescribed in paragraph 1 of this subsection, the amount budgeted for the most recent fiscal year in which the school district was eligible for that expenditure shall be deducted from the school district's truth in taxation base limit.
B. For any fiscal year in which a school district governing board budgets an amount that is higher than the truth in taxation base limit calculated pursuant to subsection A of this section, any fiscal year in which a school district levies any amount for adjacent ways pursuant to section 15‑995 or any fiscal year in which the school district levies any amount for liabilities in excess of the school district budget pursuant to section 15‑907:
1. The school district shall publish a notice that meets the following requirements:
(a) The notice shall be published once in a newspaper of general circulation in the school district. The publication shall be at least ten but not more than twenty days before the date of the hearing.
(b) The notice shall be published in a location other than the classified or legal advertising section of the newspaper in which it is published.
(c) The notice shall be at least one‑fourth page in size and shall be surrounded by a solid black border at least one‑eighth inch in width.
(d) The notice shall be in the following form, excluding the parenthetical explanations, and with the "truth in taxation hearing ‑ notice of tax increase" headline in at least eighteen-point type:
Truth in Taxation Hearing
Notice of Tax Increase
In compliance with section 15‑905.01, Arizona Revised Statutes, _________ school district is notifying its property taxpayers of _________ school district's intention to raise its primary property taxes over the current level to pay for increased expenditures in those areas where the governing board has the authority to increase property taxes for the fiscal year beginning July 1, ____. The _________ school district is proposing an increase in its primary property tax levy of $_________ (amount of levy increase to pay for truth in taxation base increase, the amount of the total levy for the adjacent ways fund and amounts for liabilities in excess of the school district budget pursuant to section 15-907).
The amount proposed above will cause _________ school district's primary property taxes on a $100,000 home to increase from be $_________ (the amount used to pay for the budget year's proposed truth in taxation base limit and adjacent ways levy, including adjacent ways and liabilities in excess of the school district budget [the amount divided by the current net assessed value available February 10 pursuant to section 42-17052] applied to $100,000). Without the tax increase, the total taxes that would be owed would have been $_________ (the amount used to pay for the current year's truth in taxation base limit [the amount divided by the current net assessed value available February 10 pursuant to section 42‑17052] applied to $100,000). to $____________ (the amount used to pay for the budget year's proposed truth in taxation base limit and adjacent ways levy, including adjacent ways and liabilities in excess of the school district budget [the amount divided by the current net assessed value available February 10 pursuant to section 42‑17052] applied to $100,000).
These amounts proposed are above the qualifying tax levies as prescribed by state law, if applicable. The increase is also exclusive of any changes that may occur from property tax levies for voter approved bonded indebtedness or budget and tax overrides.
All interested citizens are invited to attend the public hearing on the proposed tax increase scheduled to be held (date and time) at (location).
2. In lieu of publishing the truth in taxation notice, the governing board may mail the truth in taxation notice prescribed by paragraph 1, subdivision (d) of this subsection to all registered voters in the district at least ten but not more than twenty days before the date of the hearing.
3. In addition to publishing the truth in taxation notice under paragraph 1 of this subsection or mailing the notice under paragraph 2 of this subsection, the governing board shall issue a press release containing the truth in taxation notice to all newspapers of general circulation in the school district.
4. The governing board shall consider a motion to levy the increased property taxes by roll call vote.
5. Within three days after the hearing, the governing board shall mail a copy of the truth in taxation notice, a statement of its publication or mailing and the result of the governing board's vote under paragraph 4 of this subsection to the property tax oversight commission established by section 42‑17002.
6. The governing board shall hold the truth in taxation hearing on or before the adoption of the school district budget under section 15‑905.
7. Expenditures for adjacent ways and liabilities in excess of the school district budget do not become part of the school district's truth in taxation base limit.
C. The department of education shall maintain a listing of each school district's truth in taxation base limit and shall verify the accuracy of the school district's computations. A school district governing board shall notify the department of education of any change in the district's truth in taxation base limit.
D. The department of education shall develop a budget form for school districts to show the primary tax rate associated for each of the expenditure categories mentioned in subsection A, paragraph 1 of this section and for expenditures for adjacent ways pursuant to section 15‑995 or any other expenditure in excess of the school district budget pursuant to section 15‑907. A school district shall make this information available to the general public at truth in taxation hearings and shall submit the information to the department of education.
Sec. 2. Section 15-1461.01, Arizona Revised Statutes, is amended to read:
15-1461.01. Truth in taxation notice and hearing; roll call vote on tax increase; definition
A. On or before February 10 of the tax year, the county assessor shall transmit and certify to the property tax oversight commission and to the district governing board the total net assessed values that are required to compute the levy limit prescribed by section 42‑17051. If the proposed primary property tax levy, excluding amounts that are attributable to new construction, is greater than the amount levied in the preceding tax year by the district:
1. The district governing board shall publish a notice that meets all of the following requirements:
(a) Is published twice in a newspaper of general circulation in the district. The first publication shall be at least fourteen but not more than twenty days before the date of the hearing. The second publication shall be at least seven but not more than ten days before the date of the hearing.
(b) Is published in a location other than the classified or legal advertising section of the newspaper in which it is published.
(c) Is at least one‑fourth page in size and shall be surrounded by a solid black border at least one‑eighth inch in width.
(d) Is in the following form, with the "truth in taxation hearing‑notice of tax increase" headline in at least eighteen‑point type:
Truth in Taxation Hearing
Notice of Tax Increase
In compliance with section 15‑1461.01, Arizona Revised Statutes, __________ community college district is notifying its property taxpayers of __________ community college district's intention to raise its primary property taxes over last year's level. The __________ community college district is proposing an increase in primary property taxes of $__________ or _____%.
For example, the proposed tax increase will cause __________ community college district's primary property taxes on a $100,000 home to increase from $__________ (total taxes that would be owed without the proposed tax increase) to $__________ (total proposed taxes including the tax increase) be $________ (total proposed taxes including the tax increase). Without the proposed tax increase, the total taxes that would be owed on a $100,000 home would have been $_____.
This proposed increase is exclusive of increased primary property taxes received from new construction. The increase is also exclusive of any changes that may occur from property tax levies for voter approved bonded indebtedness or budget and tax overrides.
All interested citizens are invited to attend the public hearing on the tax increase that is scheduled to be held (date and time) at (location).
2. In lieu of publishing the truth in taxation notice, the district board may mail the truth in taxation notice prescribed by paragraph 1, subdivision (d) of this subsection to all registered voters in the district at least ten but not more than twenty days before the date of the hearing.
3. In addition to publishing the truth in taxation notice under paragraph 1 of this subsection or mailing the notice under paragraph 2 of this subsection, the district governing board shall issue a press release containing the truth in taxation notice to all newspapers of general circulation in the district.
4. The district board shall consider a motion to levy the increased property taxes by roll call vote. If the proposed levy, exclusive of increased property taxes received from new construction, constitutes an increase over the preceding tax year's levy by fifteen percent or more, the motion to levy the increased property taxes must be approved by a unanimous roll call vote of the district board.
5. Within three days after the hearing, the district board shall mail a copy of the truth in taxation notice, a statement of its publication or mailing and the result of the district board's vote under paragraph 4 of this subsection to the property tax oversight commission established by section 42‑17002.
6. The district board shall hold the truth in taxation hearing on or before the adoption of the county, city or town budget under section 42‑17105.
B. If the governing board fails to comply with the requirements of this section, the governing board shall not fix, levy or assess an amount of primary property taxes that exceeds the preceding year's amount, except for amounts attributable to new construction.
C. For the purposes of this section, "amount attributable to new construction" means the net assessed valuation of property added to the tax roll since the previous year multiplied by a property tax rate computed by dividing the district's primary property tax levy in the preceding year by the estimate of the district's total net assessed valuation for the current year, excluding the net assessed valuation attributable to new construction.
Sec. 3. Section 41-1276, Arizona Revised Statutes, is amended to read:
41-1276. Truth in taxation levy for equalization assistance to school districts
A. On or before February 15 of each year, the joint legislative budget committee shall compute and transmit the truth in taxation rates for equalization assistance for school districts for the following fiscal year to:
1. The chairmen of the house of representatives ways and means committee and the senate finance committee or their successor committees.
2. The chairmen of the appropriations committees of the senate and the house of representatives or their successor committees.
B. The truth in taxation rates consist of the qualifying tax rate for a high school district or a common school district within a high school district that does not offer instruction in high school subjects pursuant to section 15‑971, subsection B, paragraph 1, a qualifying tax rate for a unified district, a common school district not within a high school district or a common school district within a high school district that offers instruction in high school subjects pursuant to section 15‑971, subsection B, paragraph 2 and a state equalization assistance property tax rate pursuant to section 15‑994 that will offset the change in net assessed valuation of property that was subject to tax in the prior year.
C. The joint legislative budget committee shall compute the truth in taxation rates as follows:
1. Determine the statewide net assessed value for the preceding tax year as provided in section 42‑17151, subsection A, paragraph 3.
2. Determine the statewide net assessed value for the current tax year, excluding the net assessed value of property that was not subject to tax in the preceding year.
3. Divide the amount determined in paragraph 1 of this subsection by the amount determined in paragraph 2 of this subsection.
4. Adjust the qualifying tax rates and the state equalization assistance property tax rate for the current fiscal year by the percentage determined in paragraph 3 of this subsection in order to offset the change in net assessed value.
D. Except as provided in subsections E and G of this section, the qualifying tax rate for a high school district or a common school district within a high school district that does not offer instruction in high school subjects, the qualifying tax rate for a unified school district, a common school district not within a high school district or a common school district within a high school district that offers instruction in high school subjects and the state equalization assistance property tax rate for the following fiscal year shall be the rate determined by the joint legislative budget committee pursuant to subsection C of this section. The committee shall transmit the rates to the superintendent of public instruction and the county boards of supervisors by March 15 each year.
E. If the legislature proposes either qualifying tax rates or a state equalization assistance property tax rate that exceeds the truth in taxation rate:
1. The house of representatives ways and means committee and the senate finance committee or their successor committees shall hold a joint hearing on or before February 28 and publish a notice of a truth in taxation hearing that meets the following requirements:
(a) The notice shall be published twice in a newspaper of general circulation in this state that is published at the state capital. The first publication shall be at least fourteen but not more than twenty days before the date of the hearing. The second publication shall be at least seven but not more than ten days before the date of the hearing.
(b) The notice shall be published in a location other than the classified or legal advertising section of the newspaper.
(c) The notice shall be at least one‑fourth page in size and shall be surrounded by a solid black border at least one‑eighth inch in width.
(d) The notice shall be in the following form, with the "truth in taxation hearing ‑ notice of tax increase" headline in at least eighteen‑point type:
Truth in Taxation Hearing
Notice of Tax Increase
In compliance with section 41‑1276, Arizona Revised Statutes, the state legislature is notifying property taxpayers in Arizona of the legislature's intention to raise the property tax levy over last year's level.
The proposed tax increase will cause the taxes on a $100,000 home to increase by be $_______ (total proposed taxes including the tax increase). Without the proposed tax increase, the total taxes that would be owed on a $100,000 home would have been $_______.
All interested citizens are invited to attend a public hearing on the tax increase that is scheduled to be held (date and time) at (location).
(e) For purposes of computing the tax increase on a one hundred thousand dollar home as required by the notice, the joint meeting of the house of representatives ways and means committee and the senate finance committee or their successor committees shall consider the difference between the truth in taxation rate and the proposed increased rate.
2. The joint meeting of the house of representatives ways and means committee and the senate finance committee or their successor committees shall consider any motion to recommend the proposed tax rates to the full legislature by roll call vote.
F. In addition to publishing the truth in taxation notice under subsection E, paragraph 1 of this section, the joint meeting of the house of representatives ways and means committee and the senate finance committee or their successor committees shall issue a press release containing the truth in taxation notice.
G. Notwithstanding any other law, the legislature shall not adopt a state budget that provides for either qualifying tax rates pursuant to section 15‑971 or a state equalization assistance property tax rate pursuant to section 15‑994 that exceeds the truth in taxation rates computed pursuant to subsection A of this section unless the rates are adopted by a concurrent resolution approved by an affirmative roll call vote of two‑thirds of the members of each house of the legislature before the legislature enacts the general appropriations bill. If the resolution is not approved by two‑thirds of the members of each house of the legislature, the rates for the following fiscal year shall be the truth in taxation rates determined pursuant to subsection C of this section and shall be transmitted to the superintendent of public instruction and the county boards of supervisors.
H. Notwithstanding subsection C of this section and if approved by the qualified electors voting at a statewide general election, the legislature shall not set a qualifying tax rate that exceeds $2.1265 for a common or high school district or $4.253 for a unified school district. The legislature shall not set a county equalization assistance for education rate that exceeds $0.5123.
I. Pursuant to subsection C of this section, the qualifying tax rate in tax year 2008 for a high school district or a common school district within a high school district that does not offer instruction in high school subjects as provided in section 15‑447 is $1.4622 and for a unified school district, a common school district not within a high school district or a common school district within a high school district that offers instruction in high school subjects as provided in section 15‑447 is $2.9244. The state equalization assistance property tax rate in tax years 2006, 2007 and 2008 is zero. The state equalization assistance property tax rate in tax year 2009 shall be computed by annually adjusting the tax year 2005 rate of $0.4358 as provided by this section through tax year 2009.
Sec. 4. Section 42-17003, Arizona Revised Statutes, is amended to read:
42-17003. Duties; notification
A. The commission shall:
1. Establish procedures for deriving the information required by sections 15‑905.01, 15‑1461.01 and 42‑17107, article 2 of this chapter, section 48-254 and paragraph 3 4 of this subsection.
2. Review the primary property tax levy of each political subdivision to determine violations of sections 15‑905.01, 15‑1461.01 and 42‑17107 and article 2 of this chapter.
3. Beginning in tax year 2017, review the secondary property tax levy of each special taxing district to determine violations of section 48-254.
3. 4. Review the secondary property tax levy of each county, city, town and community college district to identify violations of constitutional and statutory requirements.
4. 5. Review the secondary property tax levy of each fire district to determine violations of section 48‑807.
5. 6. Review for accuracy the tax levy and rate as prescribed by section 15‑992.
6. 7. Review the reports made by the department concerning valuation accuracy.
7. 8. Hold hearings to determine the adequacy of compliance with articles 2 and 3 of this chapter.
8. 9. Upon the request of a county, city, town or community college district, hold hearings as prescribed in section 42‑17004 regarding the calculation of the maximum allowable primary property tax levy limits prescribed in section 42‑17051, subsection A.
B. If the commission determines that a political subdivision has violated section 15‑905.01, 15‑1461.01 or 42‑17107 or article 2 of this chapter, that a special taxing district has violated section 48-254, that a fire district has violated section 48‑807 or that a school district incorrectly calculated the tax levy and rate as prescribed by section 15‑992, on or before September 15 the commission shall notify the political subdivision or district, and the county board of supervisors, in writing, of:
1. The nature of the violation.
2. The necessary adjustment to:
(a) The primary property tax levy and tax rate to comply with section 15‑905.01, 15‑1461.01 or 42‑17107 or article 2 of this chapter.
(b) The secondary property tax levy and tax rate to comply with section sections 48-254 and 48‑807.
(c) For school districts, the tax levy and rate to comply with section 15‑992.
C. If the commission determines that a county, city, town or community college district has levied a secondary property tax in violation of constitutional or statutory law, on or before December 31 the commission shall notify in writing the affected political subdivision, the county board of supervisors, the county attorney and the attorney general of the violation.
Sec. 5. Section 42-17004, Arizona Revised Statutes, is amended to read:
42-17004. Hearing and appeals of commission findings
A. If the commission notifies a political subdivision of a violation of section 15‑905.01, 15‑1461.01 or 42‑17107 or article 2 of this chapter, notifies a special taxing district of a violation of section 48-254, notifies a fire district of a violation of section 48-807 or notifies a school district of an incorrect calculation of the tax levy and rate as prescribed by section 15‑992, and the political subdivision, or special taxing district or fire district disputes the commission's findings, then on or before October 1 the political subdivision, or special taxing district or fire district may request a hearing before the commission to attempt to resolve the dispute.
B. A governing body of a county, city, town, community college district, school district or fire district may request a hearing before the commission regarding the calculation of the maximum allowable primary or secondary property tax levy limits prescribed in section 42‑17051 or 48‑807 or the calculation of the tax levy and rate as prescribed in section 15‑992, as applicable. The commission may resolve any disputes.
C. The commission shall conduct the hearing as prescribed in title 41, chapter 6, article 10.
D. If the dispute is resolved at the hearing, the commission shall immediately notify the county board of supervisors of the proper primary or secondary tax levy and tax rate.
E. If a political subdivision, special taxing district or fire district continues to dispute the commission's findings after the hearing under this section, the political subdivision, or special taxing district or fire district may:
1. Appeal the matter to tax court within thirty days after the commission renders the decision.
2. Levy primary or secondary property taxes in the amount that the political subdivision, or special taxing district or fire district considers to be proper, pending the outcome of the appeal.
Sec. 6. Section 42-17107, Arizona Revised Statutes, is amended to read:
42-17107. Truth in taxation notice and hearing; roll call vote on tax increase; definition
A. On or before February 10 of the tax year, the county assessor shall transmit and certify to the property tax oversight commission and to the governing body of the county, city or town the total net assessed values that are required to compute the levy limit prescribed by section 42‑17051. If the proposed primary property tax levy, excluding amounts that are attributable to new construction, is greater than the amount levied by the county, city or town in the preceding tax year in the county, city or town:
1. The governing body shall publish a notice that meets all of the following requirements:
(a) Is published twice in a newspaper of general circulation in the county, city or town. The first publication shall be at least fourteen but not more than twenty days before the date of the hearing. The second publication shall be at least seven but not more than ten days before the date of the hearing.
(b) Is published in a location other than the classified or legal advertising section of the newspaper in which it is published.
(c) Is at least one‑fourth page in size and shall be surrounded by a solid black border at least one‑eighth inch in width.
(d) Is in the following form, with the "truth in taxation hearing notice of tax increase" headline in at least eighteen-point type:
Truth in Taxation Hearing
Notice of Tax Increase
In compliance with section 42‑17107, Arizona Revised Statutes, (name of county, city or town) is notifying its property taxpayers of 's (name of county, city or town)'s intention to raise its primary property taxes over last year's level. (name of county, city or town) is proposing an increase in primary property taxes of $__________ or _____%.
For example, the proposed tax increase will cause 's (name of county, city or town)'s primary property taxes on a $100,000 home to increase from $__________ (total taxes that would be owed without the proposed tax increase) to $__________ (total proposed taxes including the tax increase) be $_____ (total proposed taxes including the tax increase). Without the proposed tax increase, the total taxes that would be owed on a $100,000 home would have been $_____.
This proposed increase is exclusive of increased primary property taxes received from new construction. The increase is also exclusive of any changes that may occur from property tax levies for voter approved bonded indebtedness or budget and tax overrides.
All interested citizens are invited to attend the public hearing on the tax increase that is scheduled to be held (date and time) at (location).
2. In lieu of publishing the truth in taxation notice, the governing body may mail the truth in taxation notice prescribed by paragraph 1, subdivision (d) of this subsection to all registered voters in the county, city or town at least ten but not more than twenty days before the date of the hearing on the estimates pursuant to section 42‑17104.
3. In addition to publishing the truth in taxation notice under paragraph 1 of this subsection or mailing the notice under paragraph 2 of this subsection, the governing body shall issue a press release containing the truth in taxation notice.
4. The governing body shall consider a motion to levy the increased property taxes by roll call vote. If the proposed levy, exclusive of increased property taxes received from new construction, constitutes an increase over the preceding tax year's levy by fifteen percent or more, the motion to levy the increased property taxes must be approved by a unanimous roll call vote of the governing body.
5. Within three days after the hearing, the governing body shall mail a copy of the truth in taxation notice, a statement of its publication or mailing and the result of the governing body's vote under paragraph 4 of this subsection to the property tax oversight commission.
6. The governing body shall hold the truth in taxation hearing on or before the adoption of the county, city or town budget under section 42‑17105.
B. If the governing body fails to comply with the requirements of this section, the governing body shall not fix, levy or assess an amount of primary property taxes that exceeds the preceding year's amount, except for amounts attributable to new construction.
C. For the purposes of this section, "amount attributable to new construction" means the net assessed valuation of property added to the tax roll since the previous year multiplied by a property tax rate computed by dividing the primary property tax levy of the county, city or town in the preceding year by the estimate of the total net assessed valuation of the county, city or town for the current year, excluding the net assessed valuation attributable to new construction.
Sec. 7. Section 48-254, Arizona Revised Statutes, is amended to read:
48-254. Truth in taxation notice and hearing; roll call vote on tax increase; definition
A. On or before February 10 of the tax year, the county assessor shall transmit and certify to the property tax oversight commission and to the governing body of each county flood control district, county free library district, county jail district and public health services district the total net assessed values that are required to compute the levy prescribed by sections 48‑3620, 48‑3903, 48‑4023, 48‑4023.01 and 48‑5805. If the proposed secondary property tax levy of the special taxing district, excluding amounts attributable to new construction, is greater than the amount levied by the special taxing district in the preceding tax year:
1. The governing body shall publish a notice that meets the following requirements:
(a) The notice shall be published twice in a newspaper of general circulation in the county. The first publication shall be at least fourteen but not more than twenty days before the date of the hearing. The second publication shall be at least seven but not more than ten days before the date of the hearing.
(b) The notice shall be published in a location other than the classified or legal advertising section of the newspaper in which it is published.
(c) The notice shall be at least one‑fourth page in size and shall be surrounded by a solid black border at least one‑eighth inch in width.
(d) The notice shall be in the following form, with the "truth in taxation hearing‑notice of tax increase" headline in at least eighteen-point type:
Truth in Taxation Hearing
Notice of Tax Increase
In compliance with section 48‑254, Arizona Revised Statutes, (name of special taxing district) is notifying its property taxpayers of 's (name of special taxing district)'s intention to raise its secondary property taxes over last year's level. (name of special taxing district) is proposing an increase in secondary property taxes of $__________ or _____%.
For example, the proposed tax increase will cause 's (name of special taxing district)'s secondary property taxes on a $100,000 home to increase from $__________ (total taxes that would be owed without the proposed tax increase) to $__________ (total proposed taxes including the tax increase) be $_____ (total proposed taxes including the tax increase). Without the proposed tax increase, the total taxes that would be owed on a $100,000 home would have been $_____.
This proposed increase is exclusive of increased secondary property taxes received from new construction. The increase is also exclusive of any changes that may occur from property tax levies for voter-approved bonded indebtedness.
All interested citizens are invited to attend the public hearing on the tax increase that is scheduled to be held (date and time) at (location).
2. Instead of publishing the truth in taxation notice, the governing body may mail the truth in taxation notice prescribed by paragraph 1, subdivision (d) of this subsection to all registered voters in the special taxing district at least ten but not more than twenty days before the date of the hearing on the estimates pursuant to section 42‑17104.
3. In addition to publishing the truth in taxation notice under paragraph 1 of this subsection or mailing the notice under paragraph 2 of this subsection, the governing body shall issue a press release containing the truth in taxation notice.
4. The governing body may only consider a motion to levy the increased property taxes by roll call vote.
5. Within three days after the hearing, the governing body shall mail a copy of the truth in taxation notice, as a statement of its publication or mailing and the result of the governing body's vote under paragraph 4 of this subsection to the property tax oversight commission.
5. 6. The governing body shall hold the truth in taxation hearing concurrently with the adoption of the county budget under section 42‑17105.
B. If the governing body fails to comply with the requirements of this section, the governing body may not fix, levy or assess an amount of secondary property taxes that exceeds the preceding year's amount, except for amounts attributable to new construction.
C. For the purposes of this section, "amounts attributable to new construction" means the net assessed valuation of property added to the tax roll since the previous year multiplied by a property tax rate computed by dividing the secondary property tax levy of the special taxing district in the preceding year by the estimate of the total net assessed valuation of the special taxing district for the current year, excluding the net assessed valuation attributable to new construction.
APPROVED BY THE GOVERNOR APRIL 26, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 26, 2017.
