42-17151

42-17151. County, municipal, community
college and school tax levy

A. On or before the third Monday in August each year, the governing body of each
county, city, town, community college district and school district shall:

1. Fix, levy and assess the amount to be raised from primary property taxation and
secondary property taxation. This amount, plus all other sources of revenue, as
estimated, and unencumbered balances from the preceding fiscal year, shall equal the
total of amounts proposed to be spent in the budget for the current fiscal year.

2. Designate the amounts to be levied for each purpose appearing in the adopted
budget.

3. Fix and determine a primary property tax rate and a secondary property tax rate,
each rounded to four decimal places on each one hundred dollars of taxable property shown
by the finally equalized valuations of property, less exemptions, that appear on the tax
rolls for the fiscal year and that when extended on those valuations will produce, in the
aggregate, the entire amount to be raised by direct taxation for that year.

B. The governing body of a county, city, town or community college district shall
not fix, levy or assess an amount of primary property taxes in excess of the amount
permitted by section 42-17051, subsection A, paragraph 7 or section 42-17005 as
determined by the property tax oversight commission.

C. The governing board of a common school district, a high school district or a
unified school district shall not fix, levy or assess a primary property tax rate higher
than the current year's rate if the district meets both of the following criteria, as
determined by the property tax oversight commission:

1. The total primary property taxes levied for all taxing jurisdictions on at least
one-half of the residential property of the district exceed the limitation described in
section 15-972, subsection E.

2. The school district primary property tax rate exceeds one hundred fifty per cent
of the applicable qualifying tax rate pursuant to section 41-1276.

D. No later than December 31, the property tax oversight commission shall notify
those school districts that meet the criteria described in subsection C of this section
and the county school superintendents and boards of supervisors of the counties in which
the school districts are located.

E. Within three days after the final levies are determined for a county, city, town
or community college district, the chief county fiscal officer shall notify the property
tax oversight commission of the amount of the primary property tax levied.

F. Pursuant to section 15-465.01, subsection E, an accommodation school governing
board shall not levy a primary or secondary property tax. The property tax oversight
commission shall consider any amount of property tax levied by a county in support of an
accommodation school to be part of the county's primary levy for the purposes of
determining the county's compliance with subsection B of this section.