2014 Kentucky Revised Statutes CHAPTER 157 - STATE SUPPORT OF EDUCATION 157.621 Additional tax levies for debt service, new facilities, and major renovations in school districts with student population growth -- Criteria -- Equalization funding.
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157.621
Additional tax levies for debt service, new facilities, and major
renovations in school districts with student population growth -- Criteria
-- Equalization funding.
(1)
In addition to the levy required by KRS 157.440(1)(b) to participate in the
Facilities Support Program of Kentucky, local school districts that have made
the levy required by KRS 157.440(1)(b) are authorized to levy the following
additional equivalent rates to support debt service, new facilities, or major
renovations of existing school facilities, which levies shall not be subject to
recall under any provision of the Kentucky Revised Statutes, or to voter
approval under the provisions of KRS 157.440(2):
(a) 1.
Prior to April 24, 2008, local school districts that have experienced
student population growth during a five (5) year period may levy an
additional five cents ($0.05) equivalent rate for debt service and new
facilities. The tax rate levied by the district under this provision shall
not be equalized by state funding, except as provided in paragraph
(b) of this subsection. Any levy imposed under this paragraph prior
to April 24, 2008, by a local school district shall continue until
removed by the local school district.
2.
A local school district shall meet the following criteria in order to levy
the tax provided in subparagraph 1. of this paragraph:
a.
Growth of at least one hundred fifty (150) students in average
daily attendance and three percent (3%) overall growth for the
five (5) preceding years;
b.
Bonded debt to the maximum capability of at least eighty
percent (80%) of capital outlay from the Support Education
Excellence in Kentucky funding program, all revenue from the
local facility tax, and all receipts from state equalization on the
local facility tax;
c.
Current student enrollment in excess of available classroom
space; and
d.
A local school facility plan that has been approved by the
Kentucky Board of Education and certified to the School
Facilities Construction Commission.
(b) 1.
In addition to the levy authorized by paragraph (a) of this
subsection, a local school district may levy an additional five cents
($0.05) equivalent rate under the same terms and conditions
established by paragraph (a) of this subsection beginning in fiscal
year 2003-2004 if the levy was made prior to April 24, 2008, and if
the local school district:
a.
Levied the five cents ($0.05) equivalent rate authorized by
paragraph (a) of this subsection; and
b.
Still meets the requirements established by paragraph (a)2. of
this subsection.
2.
Any school district that imposes both the levy authorized by
paragraph (a) of this subsection and the additional levy authorized
by subparagraph 1. of this paragraph shall receive equalization
(2)
funding from the state for the levy imposed by paragraph (a) of this
subsection beginning in fiscal year 2003-2004. Equalization shall be
provided at one hundred fifty percent (150%) of the statewide
average per pupil assessment, subject to the provision of funding by
the General Assembly. Equalization funds shall be used as provided
in KRS 157.440(1)(b).
3.
Any levy imposed under this paragraph prior to April 24, 2008, by a
local school district shall continue until removed by the local school
district.
(c) 1.
A local school district that meets the following conditions may levy
an additional five cents ($0.05) equivalent rate on and after April 24,
2008:
a.
The local school district is located in a county that will have
more students as a direct result of the new mission established
for Fort Knox by the Base Realignment and Closure (BRAC)
2005 issued by the United States Department of Defense
pursuant to the Defense Base Closure and Realignment Act of
1990, Pub. L. No. 100-526, Part A of Title XXIX of 104 Stat.
1808, 10 U.S.C. sec. 2687 note; and
b.
The commissioner of education has determined, based upon
the presentation of credible data, that the projected increased
number of students is sufficient to require new facilities or the
major renovation of existing facilities to accommodate the new
students, and has approved the imposition of the additional
levy.
2.
Any local school district that imposes both the levy authorized by
paragraph (a) of this subsection and the additional levy authorized
by subparagraph 1. of this paragraph, and that has not received
equalization funding under subsection (2) or (3) of this section, shall
receive equalization funding from the state for the levy imposed by
paragraph (a) of this subsection beginning in the fiscal year following
the fiscal year in which the levy authorized by subparagraph 1. of
this paragraph is imposed. Equalization shall be provided at one
hundred fifty percent (150%) of the statewide average per pupil
assessment, subject to the provision of funding by the General
Assembly. Equalization funds shall be used as provided in KRS
157.440(1)(b).
3.
Any levy imposed under this paragraph by a local school district
shall continue until removed by the local school district.
Any local school district that, prior to April 24, 2008, levied an equivalent rate
that:
(a) Was subject to recall at the time it was levied; and
(b) Included a rate of at least five cents ($0.05) equivalent rate for the
purpose of debt service for school construction or major renovation of
existing school facilities;
shall be eligible for retroactive equalization from the state for that levy at one
(3)
(4)
hundred fifty percent (150%) of the statewide average per pupil assessment
beginning in fiscal year 2003-2004, subject to the provision of funding by the
General Assembly. Equalization funds shall be used as provided in KRS
157.440(1)(b).
Any local school district that:
(a) Levied an equivalent tax rate as of April 24, 2008, that included at least
ten cents ($0.10) that was devoted to building purposes, or that had debt
service corresponding to a ten cents ($0.10) equivalent rate;
(b) Did not receive equalized growth funding pursuant to subsection (1)(b)2.
of this section; and
(c) Has been approved by the commissioner of education;
shall be eligible for equalization from the state for that levy at one hundred fifty
percent (150%) of the statewide average per pupil assessment beginning in
fiscal year 2005-2006, subject to the provision of funding by the General
Assembly. Equalization funds shall be used as provided in KRS 157.440(1)(b).
Equalization funds shall be available to a local school district pursuant to this
subsection until the earlier of June 30, 2025, or the date the bonds for the local
school district supported by this equalization funding are retired.
(a) Notwithstanding any other provision of this section, any local school
district receiving equalization funding on April 24, 2008, related to an
equivalent rate levy described in subsection (1), (2), or (3) of this section
shall continue to receive the equalization funding related to the applicable
equivalent rate levy, subject to the limitations established by subsections
(1), (2), and (3) of this section, and subject to the provision of funding by
the General Assembly, until amended by subsequent action of the
General Assembly. A local school district described in this paragraph shall
not be eligible to receive equalization for any additional equivalent rate
levies made by it on or after April 24, 2008.
(b) Notwithstanding any other provision of this section, any local school
district that has imposed an equivalent rate levy described in subsection
(1)(a) or (b) or (2) of this section as of April 24, 2008, that qualifies for
equalization but that has not yet received equalization funding shall be
eligible for equalization funding as provided in subsection (1)(a) or (b) or
(2) of this section, subject to the provision of funding by the General
Assembly.
(c) On and after April 24, 2008, a local school district not included in
paragraph (a) or (b) of this subsection shall be prohibited from imposing
an equivalent rate levy under the provisions of subsection (1)(a) or (b) of
this section, and shall not be eligible for equalization funding under the
provisions of this section.
(d) On and after April 24, 2008, a local school district meeting the
requirements of subsection (1)(c) of this section may impose the levy
authorized by subsection (1)(c) of this section, and shall qualify for
equalization as provided in subsection (1)(c) of this section, subject to the
provision of funding by the General Assembly.
Effective:March 24, 2009
History: Repealed and reenacted 2009 Ky. Acts ch. 86, sec. 12, effective March
24, 2009. -- Amended 2008 Ky. Acts ch. 80, sec. 1, effective April 11, 2008; and
ch. 132, sec. 13, effective April 24, 2008. -- Amended 2000 Ky. Acts ch. 389,
sec. 10, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 362, sec. 6,
effective July 15, 1996. -- Created 1994 Ky. Acts ch. 436, sec. 1, effective July
15, 1994.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, A, 28, (3) at 623.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 3, (8) at 629.
Legislative Research Commission Note (3/24/2009). 2009 Ky. Acts ch. 86, sec.
17, provides that "The intent of the General Assembly in repealing and
reenacting KRS 136.392, 138.195, 141.160, 160.6156, 160.6157, 160.6158,
131.183, 141.044, 141.235, 134.580, 393.060, and 157.621 in Sections 1 to 12
of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts
ch. 132. The provisions in Sections 1 to 12 of this Act shall apply retroactively to
April 24, 2008."
Legislative Research Commission Note (3/24/2009). 2009 Ky. Acts ch. 86, sec.
18, provides "To the extent that any provision included in this Act is considered
new language, the provisions of KRS 446.145 requiring such new language to
be underlined are notwithstood."
Legislative Research Commission Note (4/24/2008). This section was amended
by 2008 Ky. Acts chs. 80 and 132, in nearly identical form. After passage of
House Bill 734 (which became 2008 Ky. Acts ch. 80), House Bill 704 (which
became 2008 Ky. Acts ch. 132) was enacted containing amendments to this
section that are identical to those in House Bill 734, with the addition of a few
phrases. While there is no conflict in the text of these Acts and they have been
codified together, the phrase "the effective date of this Act" has been codified as
"April 24, 2008," in accordance with KRS 446.250, which provides that the last
Act passed by the General Assembly prevails.
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