Current through 11/5/2024 election
Section 29-1-1705 - Prior obligations not impaired - voter-approval of mill increases - disaster emergency spending - definitions(1) Nothing in this part 17 impairs:(a) The obligations of any bonds or other forms of indebtedness that are outstanding as of November 5, 2024, or the refunding thereof, issued by a local government or otherwise invalidates any such bond or the obligations or refunding thereof; or(b) The existing voted authorization of a local government approved by a majority of the local government's voters voting thereon in accordance with section 20 of article X of the state constitution as of November 5, 2024. As established in section 29-1-1701 (3)(h), the imposition of a levy to provide for the payment of the following is not included in the calculation of the property tax limit: (I) Bonds that are outstanding as of November 5, 2024, and the interest thereon, or for the payment of any other contractual obligation outstanding as of November 5, 2024, that has been approved by a majority of the local government's voters voting thereon; and(II) Bonds or other contractual obligations issued in accordance with the existing voted authorization of a local government approved by a majority of the local government's voters voting thereon in accordance with section 20 of article X of the state constitution as of November 5, 2024.(2)(a) Nothing in this part 17 prevents a local governmental entity from submitting to the local governmental entity's electors the question of whether to increase the total number of mills levied by the local governmental entity and, upon receiving the approval of a majority of the local governmental entity's voters voting thereon for such a request, increasing the total number of mills levied by the local governmental entity accordingly. As established in section 29-1-1701 (3)(i), property tax revenue attributable to a local governmental entity increasing the total number of mills it levies upon receiving the approval of the majority of the local governmental entity's voters voting thereon for such an increase in an election occurring on or after November 5, 2024, is not included in the calculation of the local governmental entity's property tax limit. A local governmental entity may also submit to the local government entity's electors the question of whether to increase the total number of mills levied by the local governmental entity in such a way that the mills increase to match the local governmental entity's property tax limit established pursuant to section 29-1-1702 and, upon receiving the approval of a majority of the local governmental entity's voters voting thereon for such a request, increasing the total number of mills levied by the local governmental entity accordingly.(b) Nothing in this part 17 prevents a school district from submitting to the school district's electors the question of whether to increase the total number of mills levied by the school district and, upon receiving the approval of a majority of the school district's voters voting thereon for such a request, increasing the total number of mills levied by the school district accordingly. As established in section 29-1-1701 (2.5)(a)(VIII), Property tax revenue attributable to a school district increasing the total number of total program funding mills it levies upon receiving the approval of the majority of the school district's voters voting thereon for such an increase in an election occurring on or after November 5, 2024, is not included in the calculation of the school district's property tax limit. As established in section 29-1-1701 (2.5)(a)(IX), property tax revenue attributable to mills that the school district levies that it does not levy in connection with total program funding is not included in the calculation of the school district's property tax limit. A school district may also submit to the school district's electors the question of whether to increase the total number of mills levied by the school district in connection with total program funding in such a way that the mills increase to match the school district's property tax limit established pursuant to section 29-1-1702.5 and, upon receiving the approval of a majority of the school district's voters voting thereon for such a request, to increase the total number of mills levied by the school district accordingly.(3)(a) Notwithstanding this part 17, an amount of qualified property tax revenue or qualified local share property tax revenue, as applicable, equal to any amount of disaster emergency spending by a local government in a property tax year is exempt from the calculation of the property tax limit that applies to that local government for the same property tax year.(b) As used in this subsection (3), unless the context otherwise requires: (I) "Declared disaster" has the same meaning as section 24-32-134 (1)(b).(II) "Disaster emergency spending" means the amount of actual expenditures by a local government in a property tax year as the direct result of a declared disaster.Amended by 2024EX1 Ch. 1,§ 7, eff. 10/1/2024.Added by 2024 Ch. 171,§ 1, eff. 10/1/2024.This section is set out more than once due to postponed, multiple, or conflicting amendments.