{"data":{"id":"us-ky/krs-160.470","jurisdiction":"us-ky","citation":"KRS 160.470","heading":"Tax rate limits -- Hearing -- Levy exceeding four percent increase subject","body":"to recall vote or reconsideration -- Levy of minimum equivalent tax rate.\n(1) (a) Notwithstanding any statutory provisions to the contrary, a local board of\neducation shall not levy a general tax rate which will produce more revenue,\nexclusive of revenue from net assessment growth as defined in KRS 132.010,\nthan would be produced by application of the general tax rate that could have\nbeen levied in the preceding year to the preceding year's assessment, except as\nprovided in subsections (9) and (10) of this section and KRS 157.440.\n(b) If an election is held as provided for in KRS 132.017 and the question should\nfail, such failure shall not reduce the \"...general tax rate that could have been\nlevied in the preceding year...,\" referred to in subsection (1)(a) of this section,\nfor purposes of computing the general tax rate for succeeding years.\nIn the event of a merger of school districts, the limitations contained in t his section\nshall be based upon the combined revenue of the merging districts, as computed\nunder the provisions of this section.\n(2) A local board of education shall not levy a general tax rate within the limits\nimposed in subsection (1) of this section wh ich respectively exceeds the\ncompensating tax rate defined in KRS 132.010, except as provided in subsections\n(9) and (10) of this section and KRS 157.440 and 157.621, until the local board of\neducation has complied with the provisions of subsection (7) of this section.\n(3) Upon receipt of property assessments from the Department of Revenue, the\ncommissioner of education shall certify the following to each local board of\neducation:\n(a) The general tax rate that a local board of education could levy under the\nprovisions of subsection (1) of this section, and the amount of revenue\nexpected to be produced;\n(b) The compensating tax rate as defined in KRS 132.010 for a district's general\ntax rate the amount of revenue expected to be produced; and\n(c) The general t ax rate which will produce, respectively, no more revenue from\nreal property, exclusive of revenue from new property, than four percent (4%)\nover the amount of revenue produced by the compensating tax rate defined in\nKRS 132.010, and the amount of revenue expected to be produced.\n(4) Upon completion of action on property assessment data, the Department of\nRevenue shall submit certified property assessment data as required in KRS\n133.125 to the chief state school officer.\n(5) Within thirty (30) days after the local board of education ha s received its\nassessment data, the rates levied shall be forwarded to the Kentucky Board of\nEducation for its approval or disapproval. The failure of the local board of\neducation to furnish the rates within the time prescribed shall not invalidate any\nlevy made thereafter.\n(6) (a) A local board of education proposing to levy a general tax rate shall make the\nfollowing information public:\n1. The general tax rate levied in the preceding year and the revenue\nproduced by that rate;\n2. The proposed tax rate for  the current year and the revenue expected to\nbe produced by that rate;\n3. A clear explanation if the proposed tax rate is expected to produce more\nor less revenue generated for the school district than received from the\ngeneral tax rate in the preceding year and the general areas to which any\nincrease in revenue will be allocated;\n4. A specific reference to this section and KRS 132.017, along with a\nstatement as to whether any portion of the proposed tax rate, if adopted,\nwould be subject to recall; and\n5. A statement to the effect that the General Assembly has required\npublication of the information contained herein.\n(b) To make the information in paragraph (a) of this subsection public, the local\nboard of education:\n1. Shall publish the information for at  least two (2) consecutive weeks on\nthe home page of its website and in the newspaper of largest circulation\nin the county in a display type advertisement of not less than twelve (12)\ncolumn inches;\n2. Shall read the information into the record of the school board meeting in\nwhich the general tax rate is adopted;\n3. Shall post the information on its social media platforms; and\n4. May issue a notice containing the information to the editor of all print\nmedia.\n(7) (a) Except as provided in subsections (9) and  (10) of this section and KRS\n157.440, a local board of education proposing to levy a general tax rate within\nthe limits of subsection (1) of this section which exceeds the compensating tax\nrate defined in KRS 132.010 shall hold a public hearing to hear co mments\nfrom the public regarding the proposed tax rate. The hearing shall be held in\nthe principal office of the taxing district or, in the event the taxing district\ndoes not have a  suitable office to hold the hearing, the hearing shall be held\nin a suitable facility as near as possible to the geographic center of the district.\n(b) The local board of education shall include the following information in the\npublication required in subsection (6) of this section and advertisement of the\nhearing:\n1. The compensating general tax rate, and the revenue expected from it;\n2. The revenue expected from new property and personal property;\n3. A time and place for the public hearing which shall be held not less than\nseven (7) days nor more than ten (10) days after the d ay that the second\nadvertisement is published; and\n4. The purpose of the hearing.\n(c) In lieu of the two (2) published notices in the newspaper, a single notice\ncontaining the required information required by subsection (6) of this section\nand paragraph (b ) of this subsection may be sent by first -class mail to each\nperson owning real property, addressed to the property owner at his residence\nor principal place of business as shown on the current year property tax roll.\n(d) The hearing shall be open to the p ublic. All persons desiring to be heard shall\nbe given an opportunity to present oral testimony. The local board of\neducation may set reasonable time limits for testimony.\n(8) (a) That portion of a general tax rate, except as provided in subsections (9) an d\n(10) of this section, KRS 157.440, and KRS 157.621, levied by an action of a\nlocal board of education which will produce, respectively, revenue from real\nproperty, exclusive of revenue from new property, more than four percent\n(4%) over the amount of rev enue produced by the compensating tax rate\ndefined in KRS 132.010, shall be subject to a recall vote or reconsideration by\nthe local board of education as provided for in KRS 132.017, and shall be\nadvertised as provided for in subsection (6) of this sectio n and paragraph (b)\nof this subsection.\n(b) The local board of education shall, within seven (7) days following adoption\nof an ordinance, order, resolution, or motion to levy a general tax rate, except\nas provided in subsections (9) and (10) of this sectio n and KRS 157.440,\nwhich will produce revenue from real property, exclusive of revenue from\nnew property as defined in KRS 132.010, more than four percent (4%) over\nthe amount of revenue produced by the compensating tax rate defined in KRS\n132.010, cause the following to be published, on the home page of its website\nand in the newspaper of largest circulation in the county, a display type\nadvertisement of not less than twelve (12) column inches:\n1. The fact that the local board of education has adopted such a rate;\n2. The fact that the part of the rate which will produce revenue from real\nproperty, exclusive of new property as defined in KRS 132.010, in\nexcess of four percent (4%) over the amount of revenue produced by the\ncompensating tax rate defined in KRS 132.010 is subject to recall; and\n3. The name, address, and telephone number of the county clerk of the\ncounty or urban -county in which the  school district is located, with a\nnotation to the effect that that official can provide the necessary\ninformation about the petition required to initiate recall of the tax rate.\n(9) (a) Notwithstanding any statutory provisions to the contrary, effective for school\nyears beginning after June 30, 1990, the board of education of each school\ndistrict shall levy a minimum equivalent tax rate of thirty cents ($0.30) for\ngeneral school purposes. Equivalent tax rate is defined as the rate which\nresults when the i ncome collected during the prior year from all taxes levied\nby the local for school purposes is divided by the total assessed value of\nproperty plus the assessment for motor vehicles certified by the Department of\nRevenue. School districts collecting schoo l taxes authorized by KRS 160.593\nto 160.597, 160.601 to 160.617, or 160.635 to 160.648 for less than twelve\n(12) months during a school year shall have included in income collected\nunder this section the pro rata tax collection for twelve (12) months.\n(b) Failure of a board to comply with paragraph (a) of this subsection may\nconstitute a forfeiture of office by its members pursuant to KRS 415.050 and\n415.060.\n(10) A local board of education may levy a general tax rate that will produce revenue\nfrom real pr operty, exclusive of revenue from new property, that is four percent\n(4%) over the amount of the revenue produced by the compensating tax rate as\ndefined in KRS 132.010.","path":["KRS Chapter 160"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57653","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:08Z","sha256":"2620cea7045c9559c26dcdd7e8a1346bab233b2209344d150de64a2dcc950010","source_id":"us-ky","stale":false,"prev":"us-ky/krs-160.464","next":"us-ky/krs-160.472"},"notice":"GroundRules: Original legal text. Not legal advice."}