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This entry was published on 2014-09-22
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SECTION 3613
School district reorganizations and real property tax rates
Education (EDN) CHAPTER 16, TITLE 5, ARTICLE 73, PART 1
§ 3613. School district reorganizations and real property tax rates.
1. When two or more school districts propose to reorganize pursuant to
sections fifteen hundred eleven through fifteen hundred thirteen,
fifteen hundred twenty-four, fifteen hundred twenty-six, seventeen
hundred five, or eighteen hundred one through eighteen hundred three of
this chapter, and under the law that would otherwise be applicable, the
reorganization would have an impact upon the school tax rates within the
areas served by the school districts that existed prior to the
reorganization, notwithstanding any other provision of law to the
contrary, the boards of education or trustees of all the school
districts participating in the proposed reorganization may opt to have
that impact deferred for a one-year period and/or phased-in over a
period as may be determined by the boards of education or trustees of
all participating school districts in the manner prescribed by this
section but which shall not exceed a ten-year period. To exercise such
option, the boards of education or trustees of all participating school
districts, after conducting a public hearing, may adopt a resolution at
least forty-five days prior to the special district meeting at which the
reorganization vote will be held, to defer and/or phase-in the impact as
provided herein. If the board of education or trustees of any
participating school district does not approve such a resolution opting
for a common phase-in period, the provisions of this section shall not
apply.

2. During the one-year deferral period, the tax rate for each portion
of the school district shall be calculated in the following manner:

(a) Determine the assessed value tax rate that applied for the school
year immediately preceding the school year in which the reorganization
took effect.

(b) Multiply that assessed value tax rate by the state equalization
rate applicable to the portion for the school year immediately preceding
the school year in which the reorganization took effect.

(c) Divide the product so determined by the state equalization rate
applicable to the portion for the first school year of the reorganized
school district. The quotient is the assessed value tax rate for the
portion for that school year. Provided, that if the sum of the real
property tax levies in all of the portions in the school district, using
the assessed value tax rates computed pursuant to this subdivision,
would yield a real property tax levy that is above or below the total
real property tax levy specified in the school district budget for the
current school year, the assessed value tax rates shall all be decreased
or increased proportionately so as to yield the specified real property
tax levy amount.

3. During each year of a phase-in period, whose duration up to ten
years shall have been determined by the boards of education or trustees
of the constituent school districts, the tax rate for each portion of
the reorganized school district shall be calculated in the following
manner:

(a) Determine the assessed value tax rate that applied for the school
year immediately preceding the school year in which the reorganization
took effect.

(b) Multiply that assessed value tax rate by the state equalization
rate applicable to the portion for the school year immediately preceding
the school year in which the reorganization took effect. The result is
the base full value tax rate of the portion.

(c) Determine the assessed value tax rate that would have applied in
the portion but for the provisions of this section.

(d) Multiply that assessed value tax rate by the state equalization
rate that would have applied for the current school year but for the
provisions of this section. The result is the target full value tax rate
for the portion.

(e) Determine the difference between the target full value tax rate
and the base full value tax rate for the portion.

(f) Divide the difference so determined by the total number of years
in the phase-in period applicable to the school district.

(g) Multiply the quotient so determined by the number of years from
the beginning of the phase-in period up to and including the year for
which the tax rate is being determined.

(h) Add the product so determined to the base full value tax rate.

(i) Divide the sum so determined by the applicable equalization rate.
The quotient is the assessed value tax rate for the portion for the
current school year. Provided, that if the sum of the real property tax
levies in all of the portions in the school district, using the assessed
value tax rates computed pursuant to this subdivision, would yield a
real property tax levy that is above or below the total real property
tax levy specified in the school district budget for the current school
year, the assessed value tax rates shall all be decreased or increased
proportionately so as to yield the specified real property tax levy
amount.

4. As used herein the term "portion" means that part of an assessing
unit located within a school district.