59-2-914 - Excess levies -- Commission to recalculate levy -- Notice to implement adjusted levies to county auditor.
59-2-914. Excess levies -- Commission to recalculate levy -- Notice to implementadjusted levies to county auditor.
(1) If the commission determines that a levy established for a taxing entity set underSection 59-2-913 is in excess of the maximum levy permitted by law, the commission shall:
(a) lower the levy so that it is set at the maximum level permitted by law;
(b) notify the taxing entity which set the excessive rate that the rate has been lowered;and
(c) notify the county auditor of the county or counties in which the taxing entity islocated to implement the rate established by the commission.
(2) A levy set for a taxing entity by the commission under this section shall be theofficial levy for that taxing entity unless:
(a) the taxing entity lowers the levy established by the commission; or
(b) the levy is subsequently modified by a court order.
(3) (a) Subject to the provisions of Subsections (1) and (2), beginning January 1, 1995, ataxing entity may impose a tax rate in excess of the maximum levy permitted by law if the rateestablished by the taxing entity for the current year generates revenues for the taxing entity in anamount that is less than the revenues that would be generated by the taxing entity under thecertified tax rate established in Section 59-2-924.
(b) A taxing entity meeting the requirements of Subsection (3)(a) may impose a tax ratethat does not exceed the certified rate established in Section 59-2-924.
Amended by Chapter 61, 2008 General Session
Amended by Chapter 231, 2008 General Session
Amended by Chapter 236, 2008 General Session