Idaho Administrative Code › Title IDAPA 35 - Tax Commission, State › Rule 35.01.03 - PROPERTY TAX ADMINISTRATIVE RULES › Section 35.01.03.801 - LIMITATION ON BUDGET REQUESTS - SPECIAL PLANT FACILITIES FUND LEVY PROVISIONS

Current through August 31, 2023
Sections
				63-802,
				33-804,
				33-317A,
				33-909, Idaho Code
01.
Limits on Plant Facilities
			 Funds
. For any school or library district with a plant facilities fund
			 created pursuant to Section
			 33-804, Idaho Code, the amount of
			 property tax to be budgeted for said fund in any year cannot exceed four tenths
			 of one percent (0.4%) multiplied by the market value for assessment purposes of
			 the taxing district as of December 31 of the year prior to the first year in
			 which a plant facilities fund levy is made. This limitation will not apply to
			 any state-authorized plant facilities levy, established under Section
			 33-909, Idaho Code, or to any
			 cooperative service agency school plant facility levy established under Section
			 33-317A, Idaho Code.
			 (3-31-22)
02.
No Additional
			 Plant Facilities Fund Permitted
. Any school or library district with an
			 existing plant facilities fund is not allowed to levy for an additional plant
			 facilities fund in any tax year until the period of the existing plant
			 facilities fund has expired. This limitation will not apply to any
			 state-authorized plant facilities levy, established under Section
			 33-909, Idaho Code or the
			 cooperative service agency school plant facility levy established under Section
			 33-317A, Idaho Code.
			 (3-31-22)
03.
Plant
			 Facilities Fund Extensions or Increases
. Except for increases related to
			 cooperative service agency school plant facility levies, any school or library
			 district may hold an election to increase the amount to be levied pursuant to
			 the requirements of Section
			 33-804, Idaho Code. For the
			 purpose of such increase, the "total levy for school or library plant
			 facilities and bonded indebtedness" will be computed as follows. (3-31-22)
a. For the first year in which the increased
			 or extended plant facilities fund levy is to be made, sum of the amount to be
			 levied for the plant facilities fund and for any bond fund in existence prior
			 to the new plant facilities fund. (3-31-22)
b. Divide the sum computed in Subsection
			 801.03.a. by the district's
			 actual market value for assessment purposes as of December 31 of the year
			 immediately preceding the year in which the increased or extended plant
			 facilities fund is to be levied. (3-31-22)
c. The value used for this calculation will
			 include any portion of increment value in any Revenue Allocation Area in the
			 district, provided that property tax revenue resulting from the levy of the
			 plant facilities fund against such increment value is allocated to the school
			 district and not to any urban renewal agency. For example, an existing plant
			 facilities fund levy raises one hundred thousand dollars ($100,000) per year.
			 The district wishes to increase this by fifty thousand dollars ($50,000) per
			 year. The "total levy" would be computed excluding the increment value for the
			 one hundred thousand dollars ($100,000) portion, but including the increment
			 value for the fifty thousand dollars ($50,000) new portion of the amount to be
			 levied. (3-31-22)
d. Any plant
			 facilities fund levy that is extended, pursuant to Section
			 33-804, Idaho Code, will be
			 considered passed after December 31, 2007 for the purposes of section
			 50-2908, Idaho Code, and increment
			 value will be included in the calculation of the "total levy" and the actual
			 levy. (3-31-22)