SENATE BILL NO. 262

INTRODUCED BY M. HALLIGAN

BY REQUEST OF THE JOINT SELECT COMMITTEE ON CI-75

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT THE RETENTION OF PROPERTY TAX REVENUE BE SUBMITTED TO THE QUALIFIED ELECTORS PRIOR TO THE TERMINATION OF A TAX INCREMENT; AMENDING SECTION 7-15-4292, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 7-15-4292, MCA, is amended to read:

"7-15-4292. Termination of tax increment financing -- exception. (1) The tax increment provision terminates upon the later of:

(a) the 15th year following its adoption or, if the tax increment provision was adopted prior to January 1, 1980, upon the 17th year following adoption; or

(b) the payment or provision for payment in full or discharge of all bonds for which the tax increment has been pledged and the interest on the bonds.

(2) Any amounts remaining in the special fund or any reserve fund after termination of the tax increment provision must be distributed among the various taxing bodies in proportion to their property tax revenue from the district.

(3) At the tax election held immediately prior to the termination of the tax increment provision, the question of the retention of increased property taxes collected pursuant to this subsection must be submitted to the qualified electors. After termination of the tax increment provision, all taxes must be levied upon the actual taxable value of the taxable property in the urban renewal area or the industrial district and must be paid into the funds of the respective taxing bodies.

(4) Bonds secured in whole or in part by a tax increment provision may not be issued after the 15th anniversary of tax increment provisions adopted after January 1, 1980, and the 17th anniversary of tax increment provisions adopted prior to January 1, 1980. However, if bonds secured by a tax increment provision are outstanding on the applicable anniversary, additional bonds secured by the tax increment provision may be issued if the final maturity date of the bonds is not later than the final maturity date of any bonds then outstanding and secured by the tax increment provision."

NEW SECTION. Section 2. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then [this act] is void.

NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval.

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