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REFERENCE TITLE: property tax calculations; school districts |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2395 |
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Introduced by Representative Lesko
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AN ACT
amending sections 15‑991, 42‑17001, 42‑17003, 42‑17004 and 42-17005, Arizona Revised Statutes; relating to school district property tax.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-991, Arizona Revised Statutes, is amended to read:
15-991. Annual estimate by county school superintendent of monies for ensuing year; review and approval by property tax oversight commission
A. The county school superintendent, not later than August 1 each year, shall file in writing with the governing board of each school district in the county and the board of supervisors the superintendent's estimate of the amount of school monies required by each school district for the ensuing year, based on the budgets adopted by the governing boards of the school districts. The county school superintendent, concurrent with the board of supervisors adopting tax rates each year, shall file in writing with the property tax oversight commission the finalized estimate of the amount of school monies required by each school district for the ensuing year, based on the budgets adopted by the school district governing boards.
A. The county school superintendent shall recompute the equalization assistance for education for each school district pursuant to section 15‑971, subsection a and compute the additional amount to be levied pursuant to section 15-992, subsection b using the property values provided by the county assessor under section 42‑17052. The county school superintendent must certify in writing to the property tax oversight commission on or before July 10 of each year the amount of equalization assistance for education and the amount to be levied for each school district from both the primary property tax pursuant to section 15‑992 and the secondary property tax.
B. The county school superintendent must prepare and file with the governing board of each school district in the county and the property tax oversight commission on or before July 10 of each year a written estimate of the amount of monies required by each school district for the ensuing school year based on the proposed budget adopted by each school district governing board. The estimate shall contain:
1. A statement of the student count of each school district.
2. The total amount to be received for the year by each school district from the county school fund and the special county school reserve fund.
3. The projected ending cash balance from the previous year adjusted for encumbrances and payables for each school district as provided by the school district and as certified by the president of the school district governing board. A governing board may delegate to a superintendent, head teacher or business manager the authority to certify the projected cash balance.
4. The anticipated interest earnings for each school district.
5. Revenues equal to the amount included in the adopted budget for the maintenance and operation section of the budget permitted by section 15‑947, subsection C, paragraph 2, subdivision (a), items (ii), (iii), (iv), (v) and (vi) and subdivision (c). The county school superintendent shall subtract from each school district's budgeted expenditures the total amount of estimated revenues including the projected ending cash balance from the previous year adjusted for encumbrances and payables in order to estimate the additional amounts needed for each school district from the primary property tax and the secondary property tax. The county school superintendent shall certify such amounts to the board of supervisors and the property tax oversight commission in writing at the time of filing the estimate. When estimating the additional amount needed from the primary property tax for a school district that is not eligible for any equalization assistance as provided in section 15‑971, the county school superintendent shall include the school district governing board's estimate of the increase in the revenue control limit as prescribed by section 15‑948 for the applicable year, except that the percentage increase in average daily membership used to compute the estimated increase in the revenue control limit may not exceed the average of the percentage increase in average daily membership in the three years before the year for which the estimate is made.
6. The calculation of the amount to be levied as prescribed by section 15‑992 using the values provided by the county assessor under section 42‑17052.
B. The county school superintendent shall recompute equalization assistance for education for each school district as provided in section 15‑971, subsection A using the property values provided by the county assessor as provided in section 42‑17052. The county school superintendent shall certify in writing the amount of equalization assistance for education and the amount needed for each school district from the primary property tax to the board of supervisors and the property tax oversight commission on or before the third day before the day the board of supervisors is required to levy school district taxes as provided in section 15‑992.
C. The county school superintendent shall compute the additional amount to be levied as provided in section 15‑992, subsection B, using the property values provided in section 42‑17052. The county school superintendent shall certify in writing the additional amount to be levied to the county board of supervisors and the property tax oversight commission on or before the third day before the day the board of supervisors is required to levy school district taxes as provided in section 15‑992.
C. The property tax oversight commission must review and approve, and may recalculate as necessary, the primary property tax calculations filed under subsection b, paragraph 6 of this section.
D. The property tax oversight commission must file in writing with the county board of supervisors on or before the third Monday in august of each year the amount that is required to be levied for each school district from both the primary property tax prescribed by section 15‑992 and the secondary property tax.
D. E. On or before September 1, the governing board of a school district shall file with the county school superintendent an estimate of the amount of title VIII of the elementary and secondary education act of 1965 monies it is eligible to receive during the current year. On or before June 1, the governing board shall file with the county school superintendent and the superintendent of public instruction a statement of the actual amount of title VIII of the elementary and secondary education act of 1965 monies it received during the current year. This subsection does not apply to accommodation schools.
E. F. The department may collect any other similar or related information from school districts that the department may determine is necessary to carry out the purposes of this section.
Sec. 2. Section 42-17001, Arizona Revised Statutes, is amended to read:
42-17001. Definitions
In this chapter, unless the context otherwise requires:
1. "Commission" means the property tax oversight commission established by section 42‑17002.
2. "Fire district" means a fire district established pursuant to title 48, chapter 5.
3. "Political subdivision" means a county, charter county, city, charter city, town, or community college district or school district.
Sec. 3. Section 42-17003, Arizona Revised Statutes, is amended to read:
42-17003. Duties
A. The commission shall:
1. Establish procedures for deriving the information required by sections 15‑905.01, 15‑1461.01 and 42‑17107 and article 2 of this chapter.
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. Review the secondary property tax levy of each fire district to determine violations of section 48‑807.
4. Review for accuracy the tax levy and rate as prescribed by section 15‑992.
4. 5. Review the reports made by the department concerning valuation accuracy.
5. 6. Hold hearings to determine the adequacy of compliance with articles 2 and 3 of this chapter.
6. 7. 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, or 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, then on or before September 15 the commission shall notify the political subdivision or district, and the county board of supervisors, in writing, of:
1. Except for school districts, 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 48-807.
(c) For school districts, the tax levy and rate to comply with section 15‑992.
Sec. 4. 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, or 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 district disputes the commission's findings, then on or before October 1 the political subdivision or 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, school district or fire district continues to dispute the commission's findings after the hearing under this section, the political subdivision or 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 district considers to be proper, pending the outcome of the appeal.
Sec. 5. Section 42-17005, Arizona Revised Statutes, is amended to read:
42-17005. Adjustments to levy
A. If a governing body of a political subdivision or a fire district receives written notice of a violation of its allowable levy limit or truth in taxation limit under section 42‑17003, and has not appealed the commission's decision pursuant to section 42‑17004, the governing body shall correct its property tax levy and tax rate to properly reflect the allowable levy for the current year. The county board of supervisors shall make the necessary adjustments to the political subdivision's or district's property tax levy and tax rate to ensure that the corrected information is contained in the assessment and tax roll that is transmitted to the county treasurer pursuant to section 42‑18003. If the governing body receives the notice after it is too late to correct the levy in the current year, the difference between the amount actually levied and the allowable property tax levy shall be set aside in a special fund and used to reduce the property taxes levied in the following year.
B. If, after a hearing under section 42‑17004, the commission determines that errors were made in the calculation of the maximum allowable primary property tax levy limit pursuant to section 42‑17051, subsection A, the primary property tax levy pursuant to section 15-992 or the secondary property tax levy limit pursuant to section 48‑807, the commission shall have five days to notify the governing body of the county, city, town, community college district, school district or fire district of the corrected levy limit. The commission shall also notify the county board of supervisors within five days. The corrected maximum allowable primary property tax levy shall be used in section 42‑17051, subsection A, paragraph 1 in determining the following year's levy limit. The corrected maximum allowable secondary property tax levy shall be used in section 48-807 in determining the following year's levy limit.
C. If, after a hearing under section 42‑17004, it is impossible for the board of supervisors to correct a property tax levy in the current year, the political subdivision or fire district shall hold the difference between the amount the political subdivision or district actually levied and the allowable property tax levy prescribed by the commission in a separate fund to be used to reduce the property taxes levied by the political subdivision or district in the following year.
D. If the commission discovers that it has made an error in computing the levy limit after September 15, it shall notify the political subdivision's or fire district's governing body about the error. The error shall be corrected as prescribed in subsection A of this section. If the error results in the maximum allowable property tax levy being raised:
1. The corrected maximum allowable primary property tax levy shall be used in section 42‑17051, subsection A, paragraph 1 in determining the following year's levy limit.
2. The corrected maximum allowable secondary property tax levy shall be used for the purposes of section 48‑807 in determining the following year's levy limit.
E. If, on appeal under section 42‑17004, subsection E, the ruling of the court provides for a property tax levy in an amount that is less than the amount levied by the political subdivision or fire district, the political subdivision or district shall hold the difference between the amounts in a separate fund to be used to reduce the property taxes levied by the political subdivision or district in the following year.