Kentucky Statutes 68.245 – Estimate of assessment — Levy in excess of compensatory tax rate subject to recall vote or reconsideration
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(1) The property valuation administrator shall submit an official estimate of real and personal property and new property assessment as defined in KRS § 132.010, to the county judge/executive by April 1 of each year.
(2) No county fiscal court shall levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS § 107.350 and KRS § 107.360, following a favorable vote upon such tax by the voters of that county, which exceeds the compensating tax rate defined in KRS
132.010, until the taxing district has complied with the provisions of subsection (5)
of this section.
(3) The state local finance officer shall certify to each county judge/executive, by June
30 of each year, the following:
(a) The compensating tax rate, as defined in KRS § 132.010, and the amount of revenue expected to be produced by it;
(b) The tax rate which will produce no more revenue from real property, exclusive of revenue from new property, than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS
132.010 and the amount of revenue expected to be produced by it.
(4) Real and personal property assessment and new property determined in accordance with KRS § 132.010 shall be certified to the state local finance officer by the Department of Revenue upon completion of action on property assessment data.
(5) (a) A county fiscal court, proposing to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS § 107.350 and KRS § 107.360, following a favorable vote upon the tax by the voters of that county, which exceeds the compensating tax rate defined in KRS § 132.010, shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district, or, in the event the taxing district has no office, or the office is not suitable for a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.
(b) County fiscal courts of counties containing a city of the first class proposing to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS § 107.350 and KRS § 107.360, following a favorable vote upon the tax by the voters of that county, which exceeds the compensating tax rate defined in KRS § 132.010, shall hold three (3) public hearings to hear comments from the public regarding the proposed tax rate. The hearings shall be held in three (3) separate locations; each location shall be determined by dividing the county into three (3) approximately equal geographic areas, and identifying a suitable facility as near as possible to the geographic center of each area.
(c) The county fiscal court shall advertise the hearing by causing to be published at least twice in two (2) consecutive weeks, in the newspaper of largest
circulation in the county, a display type advertisement of not less than twelve
(12) column inches, the following:
1. The tax rate levied in the preceding year, and the revenue produced by that rate;
2. The tax rate proposed for the current year and the revenue expected to be produced by that rate;
3. The compensating tax rate and the revenue expected from it;
4. The revenue expected from new property and personal property;
5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;
6. A time and place for the public hearings which shall be held not less than seven (7) days nor more than ten (10) days, after the day that the second advertisement is published;
7. The purpose of the hearing; and
8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained therein.
(d) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.
(e) The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The county fiscal court may set reasonable time limits for testimony.
(6) (a) That portion of a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS
107.350 and 107.360, following a favorable vote upon a tax by the voters of that county, levied by an action of a county fiscal court which will produce revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010 shall be subject to a recall vote or reconsideration by the taxing district, as provided for in KRS § 132.017, and shall be advertised as provided for in paragraph (b) of this subsection.
(b) The county fiscal court shall, within seven (7) days following adoption of an ordinance to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS § 107.350 and KRS § 107.360, following a favorable vote upon a tax by the voters of that county, which will produce revenue from real property, exclusive of revenue from new property as defined in KRS § 132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010, cause to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches the following:
1. The fact that the county fiscal court has adopted a rate;
2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS § 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010 is subject to recall; and
3. The name, address, and telephone number of the county clerk, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 96, effective June 20, 2005. — Amended
1990 Ky. Acts ch. 343, sec. 1, effective July 13, 1990. — Amended 1980 Ky. Acts ch.
19, sec. 3, effective July 15, 1980; ch. 317, sec. 8, effective July 15, 1980; and ch.
319, sec. 10 effective July 1, 1980. — Amended 1978 Ky. Acts ch. 197, sec. 4, effective January 1, 1979. — Created 1965 (1st Extra. Sess.) Ky. Acts ch. 2, Part III, sec. 8(6) to (8).
Legislative Research Commission Note. KRS § 68.245 was enacted as an amendment to
KRS § 68.240.
(2) No county fiscal court shall levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS § 107.350 and KRS § 107.360, following a favorable vote upon such tax by the voters of that county, which exceeds the compensating tax rate defined in KRS
Terms Used In Kentucky Statutes 68.245
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- City: includes town. See Kentucky Statutes 446.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- state local finance officer: shall mean the commissioner of the Department for Local Government, or his agent designated in writing with the approval of the Governor. See Kentucky Statutes 68.001
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Year: means calendar year. See Kentucky Statutes 446.010
132.010, until the taxing district has complied with the provisions of subsection (5)
of this section.
(3) The state local finance officer shall certify to each county judge/executive, by June
30 of each year, the following:
(a) The compensating tax rate, as defined in KRS § 132.010, and the amount of revenue expected to be produced by it;
(b) The tax rate which will produce no more revenue from real property, exclusive of revenue from new property, than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS
132.010 and the amount of revenue expected to be produced by it.
(4) Real and personal property assessment and new property determined in accordance with KRS § 132.010 shall be certified to the state local finance officer by the Department of Revenue upon completion of action on property assessment data.
(5) (a) A county fiscal court, proposing to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS § 107.350 and KRS § 107.360, following a favorable vote upon the tax by the voters of that county, which exceeds the compensating tax rate defined in KRS § 132.010, shall hold a public hearing to hear comments from the public regarding the proposed tax rate. The hearing shall be held in the principal office of the taxing district, or, in the event the taxing district has no office, or the office is not suitable for a hearing, the hearing shall be held in a suitable facility as near as possible to the geographic center of the district.
(b) County fiscal courts of counties containing a city of the first class proposing to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS § 107.350 and KRS § 107.360, following a favorable vote upon the tax by the voters of that county, which exceeds the compensating tax rate defined in KRS § 132.010, shall hold three (3) public hearings to hear comments from the public regarding the proposed tax rate. The hearings shall be held in three (3) separate locations; each location shall be determined by dividing the county into three (3) approximately equal geographic areas, and identifying a suitable facility as near as possible to the geographic center of each area.
(c) The county fiscal court shall advertise the hearing by causing to be published at least twice in two (2) consecutive weeks, in the newspaper of largest
circulation in the county, a display type advertisement of not less than twelve
(12) column inches, the following:
1. The tax rate levied in the preceding year, and the revenue produced by that rate;
2. The tax rate proposed for the current year and the revenue expected to be produced by that rate;
3. The compensating tax rate and the revenue expected from it;
4. The revenue expected from new property and personal property;
5. The general areas to which revenue in excess of the revenue produced in the preceding year is to be allocated;
6. A time and place for the public hearings which shall be held not less than seven (7) days nor more than ten (10) days, after the day that the second advertisement is published;
7. The purpose of the hearing; and
8. A statement to the effect that the General Assembly has required publication of the advertisement and the information contained therein.
(d) In lieu of the two (2) published notices, a single notice containing the required information may be sent by first-class mail to each person owning real property, addressed to the property owner at his residence or principal place of business as shown on the current year property tax roll.
(e) The hearing shall be open to the public. All persons desiring to be heard shall be given an opportunity to present oral testimony. The county fiscal court may set reasonable time limits for testimony.
(6) (a) That portion of a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS
107.350 and 107.360, following a favorable vote upon a tax by the voters of that county, levied by an action of a county fiscal court which will produce revenue from real property, exclusive of revenue from new property, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010 shall be subject to a recall vote or reconsideration by the taxing district, as provided for in KRS § 132.017, and shall be advertised as provided for in paragraph (b) of this subsection.
(b) The county fiscal court shall, within seven (7) days following adoption of an ordinance to levy a tax rate, excluding any special tax rate which may be levied at the request of a county community improvement district pursuant to KRS § 107.350 and KRS § 107.360, following a favorable vote upon a tax by the voters of that county, which will produce revenue from real property, exclusive of revenue from new property as defined in KRS § 132.010, more than four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010, cause to be published, in the newspaper of largest circulation in the county, a display type advertisement of not less than twelve (12) column inches the following:
1. The fact that the county fiscal court has adopted a rate;
2. The fact that the part of the rate which will produce revenue from real property, exclusive of new property as defined in KRS § 132.010, in excess of four percent (4%) over the amount of revenue produced by the compensating tax rate defined in KRS § 132.010 is subject to recall; and
3. The name, address, and telephone number of the county clerk, with a notation to the effect that that official can provide the necessary information about the petition required to initiate recall of the tax rate.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 96, effective June 20, 2005. — Amended
1990 Ky. Acts ch. 343, sec. 1, effective July 13, 1990. — Amended 1980 Ky. Acts ch.
19, sec. 3, effective July 15, 1980; ch. 317, sec. 8, effective July 15, 1980; and ch.
319, sec. 10 effective July 1, 1980. — Amended 1978 Ky. Acts ch. 197, sec. 4, effective January 1, 1979. — Created 1965 (1st Extra. Sess.) Ky. Acts ch. 2, Part III, sec. 8(6) to (8).
Legislative Research Commission Note. KRS § 68.245 was enacted as an amendment to
KRS § 68.240.