Section 1316. Alternative school tax apportionment  


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  • 1. Notwithstanding the
      provisions of section thirteen  hundred  fourteen  of  this  article,  a
      school  district located in more than one city or town, which includes a
      designated large property, as determined by the state board, may provide
      by annual resolution, adopted no later than ten days prior to  the  last
      day  provided  by law for the levy of school taxes, that school taxes to
      be levied for the fiscal year commencing July first  of  the  same  year
      shall  be apportioned to each city or town or part thereof in accordance
      with the provisions set forth in this section.
        2. A designated large property is  real  property  consisting  of  one
      parcel  on  an assessment roll or multiple parcels on an assessment roll
      under common ownership that meet all of the following criteria:
        (a) the large property constitutes five percent or more of  the  total
      assessed  value used to establish the latest state equalization rate and
      constitutes five percent or more of the total assessed value of a school
      district segment of the city or town;
        (b) the full value estimate of the large property used  by  the  state
      board  to  establish the latest state equalization rate is at least five
      million dollars; and
        (c) the percentage difference between the  latest  state  equalization
      rate  and  the  apportionment  equalization  rate  computed  pursuant to
      subdivision four of this section is at least five percent.
        3. Within five days of the establishment of  the  latest  final  state
      equalization  rate,  the  state  board shall notify both the appropriate
      school district and the assessing unit of such designation. Such  notice
      shall  contain  instructions  for  the  apportionment of the tax levy in
      accordance with the provisions of subdivision seven of this section  and
      shall   contain  an  apportionment  rate  computed  in  accordance  with
      subdivision four of this section.
        4. The apportionment rate shall be the latest final state equalization
      rate, computed exclusive of the  total  assessed  value  or  full  value
      estimate of the designated large property.
        5.  If there is a change in level of assessment of two percent or more
      between  the  assessment  roll  for  which  the   latest   final   state
      equalization  rate is established and the assessment roll upon which the
      school tax is levied, then the apportionment rate  for  school  purposes
      shall be adjusted by multiplying the apportionment rate by the change in
      level of assessment.
        6.  Within  five  days  of receiving notification from the state board
      that a designated large property exists, the assessor shall  certify  to
      the  school district the assessed value of the designated large property
      for the purpose of apportioning  and  levying  taxes.  A  copy  of  such
      certificate shall also be provided to the state board.
        7. The school district shall apportion and levy its taxes as follows:
        (a)  The tax shall be apportioned in accordance with the provisions of
      section thirteen hundred fourteen of this article.
        (b) The amount of tax to be raised from the designated large  property
      shall  be  determined  by multiplying the appropriate assessed value tax
      rate determined in accordance with paragraph (a) of this subdivision  by
      the  taxable  assessed value of the designated large property within the
      school district. This shall be the amount of the  tax  levied  upon  the
      designated large property.
        (c)  The  amount of tax for the large property determined in paragraph
      (b) of this subdivision shall be subtracted from  the  total  amount  of
      real property tax to be raised throughout the school district.
        (d)  The  resulting  tax  levy  from paragraph (c) of this subdivision
      shall be reapportioned  among  all  other  property  within  the  taxing
      jurisdiction,   exclusive   of   the  designated  large  property.  This
    
      reapportionment shall  be  done  in  accordance  with  section  thirteen
      hundred fourteen of this article, except that:
        (i)  The  assessed  value  of  the  designated large property shall be
      subtracted from the assessed value  of  the  appropriate  city  or  town
      segment used in the initial apportionment of the tax in paragraph (a) of
      this subdivision.
        (ii)  The  apportionment  rate  shall  be  used  for  the city or town
      containing the designated large property.
        (iii) For all cities and towns not  containing  the  designated  large
      property,  the  assessed values and equalization rates shall be the same
      amounts used in paragraph (a) of this subdivision.
        (e) Separate assessed value tax  rates  will  be  determined  for  the
      designated large property and the other property within the city or town
      where the designated large property is located.
        (f)  In  the event that there are multiple designated large properties
      within the school district, the amount of tax to  be  levied  upon  each
      large  property,  determined in paragraph (b) of this subdivision, shall
      be summed and treated as one amount for determining the amount of tax to
      be  raised  from  the  remaining  property  in  paragraph  (c)  of  this
      subdivision.