2005 Idaho Code - 33-802 — SCHOOL LEVIES

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 8
                             BUDGET AND TAX LEVY
    33-802.  SCHOOL LEVIES. Any tax levied for school purposes shall be a lien
on the property against which the tax is levied. The board of trustees shall
determine the levies upon each dollar of taxable property in the district for
the ensuing fiscal year as follows:
    (1)  Bond, Interest and Judgment Obligation Levies. Such levies as shall
be required to satisfy all maturing bond, bond interest, and judgment
obligations.
    (2)  Budget Stabilization Levies. School districts not receiving state
equalization funds in fiscal year 2006 may authorize a budget stabilization
levy for calendar year 2006 and each year thereafter. Such levies shall not
exceed the difference between the amount of equalized funds that the state
department of education estimates the school district will receive in fiscal
year 2007, based on the school district's fiscal year 2006 reporting data, and
the combined amount of money the school district would have received from its
maintenance and operation levy and state property tax replacement funds in
fiscal year 2007 under the laws of the state of Idaho as they existed prior to
amendment by the first extraordinary session of the fifty-eighth Idaho
legislature. The state department of education shall notify the state tax
commission and affected counties and school districts of the maximum levy
amounts permitted, by no later than September 1, 2006.
    (3)  Supplemental Maintenance and Operation Levies. No levy in excess of
the levy permitted by this section shall be made by a noncharter district
unless such a supplemental levy in a specified amount and for a specified time
not to exceed two (2) years be first authorized through an election held
pursuant to chapter 4, title 33, Idaho Code, and approved by a majority of the
district electors voting in such election. A levy approved pursuant to this
subsection may be reduced by a majority vote of the board of trustees in the
second year.
    (4)  Charter District Supplemental Maintenance and Operation. Levies
pursuant to the respective charter of any such charter district shall be first
authorized through an election held pursuant to chapter 4, title 33, Idaho
Code, and approved by a majority of the district electors voting in such
election.
    (5)  The board of trustees of any school district that has, for at least
seven (7) consecutive years, been authorized through an election held pursuant
to chapter 4, title 33, Idaho Code, to certify a supplemental levy that has
annually been equal to or greater than twenty percent (20%) of the total
general maintenance and operation fund, may submit the question of an
indefinite term supplemental levy to the electors of the school district. Such
question shall clearly state the dollar amount that will be certified annually
and that the levy will be for an indefinite number of years. The question must
be approved by a majority of the district electors voting on the question in
an election held pursuant to chapter 4, title 33, Idaho Code. The levy
approved pursuant to this subsection may be reduced by a majority vote of the
board of trustees during any fiscal year.
    (6)  A charter  district may levy for maintenance and operations if such
authority is contained within its charter. In the event property within a
charter  district's boundaries is contained in a revenue allocation area
established under chapter 29, title 50, Idaho Code, and such revenue
allocation area has given notice of termination thereunder, then, only for the
purpose of determining the levy described in this subsection, the district may
add the increment value, as defined in section 50-2903, Idaho Code, to the
actual or adjusted market value for assessment purposes of the district as
such value existed on December 31 of the previous year.

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