10-13-36 Excess tax levy authorized--Vote of governing body--Announcement requirements--Referendum ...
Excess tax levy authorized--Vote of governing body--Announcement
The governing body of a taxing district may exceed the limit
pursuant to § 10-13-35 through the imposition of an excess tax levy. The governing body of a taxing
district may impose an excess tax levy with an affirmative two-thirds vote of the governing body on
or before July fifteenth of the year prior to the year the taxes are payable. On any excess tax levy
approved after July 1, 2002, the governing body of the taxing district shall specify in the resolution
the year or number of years the excess tax levy will be applied.
The requirements for an announcement made pursuant to this section are as follows:
The decision of the governing body to originally impose or subsequently increase an
excess tax levy shall be published within ten days of the decision;
Publication shall be made at least twice in the legal newspaper designated by the
governing body pursuant to law, with no fewer than five days between publication dates,
before the opt out takes effect;
The announcement shall be at least three newspaper columns in width and four inches in
length or at least one-sixth of a page in size, whichever size is greater;
The announcement shall be headed with the following statement in a typeface no less than
eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX
INCREASE OF $(fill in amount)." The remainder of the announcement shall consist of
a reproduction of the "Resolution for Opt Out," including the amount that property taxes
will be increased annually by the proposed opt out and a statement of the right to refer the
decision of the board to a vote of the people as provided in this section. The secretary of
revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to
be used by the taxing district for notification of taxpayers as required by this section.
However, the requirements of subdivisions (3) and (4) shall be waived if:
The opt out is for less than fifteen thousand dollars; or
A copy of the resolution for opt out is mailed to every property taxpayer in the
local governmental unit, by first class mail or bulk mail, within twenty days of the
decision to opt out; and
A copy of the resolution for opt out is printed in each official newspaper in the
local governmental unit's boundaries.
For the purposes of subsections (A), (B), and (C), the first publication is not deemed to have
occurred until three days after the mailing is sent or the resolution is delivered to the official
The opt out decision may be referred to a vote of the people upon a resolution of the governing
body of the taxing district or by a petition signed by at least five percent of the registered voters in
the taxing district and filed with the respective governing body within twenty days of the first
publication of the decision. The referendum election shall be held on or before October first
preceding the year the taxes are payable. If the opt out is for the purpose of increasing the secondary
road levy pursuant to § 31-12-27, only the registered voters within the area of the county not
included in any municipality, organized civil township, improvement district organized pursuant to
chapter 7-25A, or county road district organized pursuant to chapter 31-12 may petition or vote on
the referred decision. The taxing districts may not exceed the levy limits provided in chapter 10-12
except for the provisions in § 10-12-36.
Source: SL 1995, ch 57, § 14A; SL 1996, ch 69, § 2; SL 1997, ch 54, § 3; SL 2002, ch 54, § 2; SL
2003, ch 55, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2006, ch 40, § 1; SL 2011, ch 1 (Ex.
Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2011, ch 136, § 3.