18-10-07. Fire protection policy to be determined - Financial report - Tax levy limit -
Vote-approved levy authority.
The board of directors shall determine a general fire protection policy for the district and
shall annually estimate the probable expense for carrying out the contemplated program. The
annual estimate of probable expense may include an amount determined by the board of
directors to be necessary to be carried over to a future year for purchase of firefighting
equipment, ambulances, or other emergency vehicles. The estimate must be certified by the
president and secretary to the proper county auditor or county auditors, on or before June
thirtieth of each year, who shall levy a tax upon the taxable property within the district for the
maintenance of the fire protection district for the fiscal year as provided by law. In the year for
which the levy is sought, a board of directors of a rural fire protection district seeking approval of
a property tax levy under this chapter must file with the county auditor of the counties within the
rural fire district, at a time and in a format prescribed by the county auditors, a financial report
for the preceding calendar year showing the ending balances of each fund held by the rural fire
protection district during that year. The tax may not exceed a tax rate of five mills per dollar of
the taxable valuation of property in the district except upon resolution adopted by the board of
directors and approval by a majority of the qualified electors voting on the question at an annual
or special meeting of electors called by the board of directors, the levy may be made in an
amount not exceeding thirteen mills. If an election to approve or reauthorize an excess levy will
be held at an annual or special meeting of electors of the district called by the board of directors,
notice of the meeting and the proposed excess levy election must be provided by at least one
publication in the official newspaper of each county in which the district is located at least seven
days, but not more than fourteen days, before the date of the public meeting. The published
notice must include the amount of the proposed tax rate increase in mills and the duration for
which elector approval of the increase is sought and must include the location where, and hours
during which, ballots may be cast.
Votes to approve or disapprove the levy increase must be cast on the date of the meeting.
The polling place must remain open for at least six hours on the date of the meeting. The
secretary-treasurer of the district shall prepare and distribute to qualified electors at the polling
place paper ballots to conduct the election on the question of increased levy authority. Three
election judges to receive and count the ballots, who are qualified electors of the district but not
members of the board, must be selected at least seven days before the meeting by approval of
a majority of the members of the board. A marked ballot must be delivered to one of the judges,
folded to conceal its contents, the judge shall deposit it in the ballot box, and another judge shall
enter the name of the elector who cast the ballot in the pollbook. When the election is closed,
the judges shall count the ballots and announce the result. Results of the election must be
certified by the secretary-treasurer of the district and each of the election judges to the tax
commissioner and to the county auditor of each county in which the district is located within ten
days after the election. The certificate must include a statement of the question as it appeared
on the ballot, together with the total number of votes cast in favor, and the number of votes cast
against, authorizing the excess levy.
After July 31, 2015, approval or reauthorization by electors of increased levy authority under
this section may not be effective for more than ten taxable years or the period of time necessary
for repayment of indebtedness incurred which was intended to be repaid from the increased
levy, whichever expires later. Additional levy authority authorized by the board of directors after
petition of electors before August 1, 2015, remains in effect under the provisions of law at the
time the levy was authorized for the time period authorized by the electors but not exceeding ten
taxable years or the period of time necessary for repayment of indebtedness incurred which was
intended to be repaid from the increased levy, whichever expires later. The tax must be:
1. Collected as other taxes are collected in the county.
2. Turned over to the secretary-treasurer of the rural fire protection district, who shall
have a surety bond in the amount of at least five thousand dollars.
3. Placed to the credit of the rural fire protection district so authorizing the same by its
secretary-treasurer in a state or national bank, except amounts to be carried over to a
future year for purchase of firefighting equipment, ambulances, or other emergency
vehicles may be invested to earn the maximum return available.
4. Paid out upon warrants drawn upon the fund by authority of the board of directors of
the district, bearing the signature of the secretary-treasurer and the countersignature
of the president of the rural fire protection district.
The amount of tax levy may not exceed the amount of funds required to defray the expenses of
the district for a period of one year as embraced in the annual estimate of expense, including
the amount of principal and interest upon the indebtedness of the district for the ensuing year
and including any amount determined by the board of directors to be necessary to be carried
over to a future year for purchase of firefighting equipment, ambulances, or other emergency
vehicles.
