S.B. 2002 Enrolled

TREATMENT OF DISPUTED PROPERTY TAXES
1997 SECOND SPECIAL SESSION
STATE OF UTAH
Sponsor: Howard C. Nielson
AN ACT RELATING TO THE PROPERTY TAX ACT; REPEALING THE REQUIREMENT
THAT COUNTY TREASURERS ESCROW DISPUTED PROPERTY TAX AMOUNTS;
INCLUDING DISPUTED PROPERTY VALUES IN THE CALCULATION OF
AGGREGATE TAXABLE VALUE; REPEALING THE PROVISIONS LIMITING
ADJUSTMENTS TO AN ASSESSMENT ROLL FOR COUNTIES AND SCHOOL
DISTRICTS; REPEALING THE PROVISIONS LIMITING AMOUNTS A COUNTY OR
SCHOOL DISTRICT IS REQUIRED TO ESCROW; REPEALING PROVISIONS
REQUIRING THE STATE AND TAXING ENTITIES TO INCLUDE AMOUNTS
RELEASED FROM ESCROW AS PROPERTY TAX REVENUES; REPEALING
PROVISIONS DEFINING AD VALOREM PROPERTY TAX REVENUES TO
INCLUDE PROPERTY TAXES OR ACCRUED INTEREST RELEASED FROM
ESCROW; REPEALING THE REQUIREMENT THAT DISPUTED VALUES BE
CONTAINED ON PROPERTY TAX NOTICES; REPEALING THE REQUIREMENT
THAT PROPERTY OWNERS DESIGNATE WITH DISPUTED PROPERTY TAXES
THE AMOUNT OF DISPUTED VALUE AND THE AMOUNT OF TAXES LEVIED ON
THE DISPUTED VALUE; REPEALING THE REQUIREMENT THAT COUNTY
TREASURERS REFUND AMOUNTS DUE TO A PROPERTY OWNER WITHIN 45
DAYS AFTER AN APPEAL IS RESOLVED; MAKING TECHNICAL CHANGES;
AND PROVIDING FOR RETROSPECTIVE OPERATION.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
59-2-913, as last amended by Chapter 309, Laws of Utah 1997
59-2-921, as last amended by Chapter 309, Laws of Utah 1997
59-2-924 (Effective 01/01/98), as last amended by Chapters 305 and 388, Laws of Utah
1997

59-2-924 (Superseded 01/01/98), as last amended by Chapters 228 and 309, Laws of Utah
1997
59-2-1317, as last amended by Chapters 143, 292, and 309, Laws of Utah 1997
59-2-1330, as last amended by Chapter 309, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 59-2-913 is amended to read:
59-2-913. Statement of amount and purpose of levy -- Contents of statement -- Filing
with county auditor -- Transmittal to commission -- Determination of tax basis -- Format of
statement.
(1) (a) The governing body of each taxing entity shall file a statement as provided in this
section with the county auditor of the county in which the taxing entity is located.
(b) The auditor shall annually transmit the statement to the commission:
(i) before June 22; or
(ii) with the approval of the commission, on a subsequent date prior to the date established
under Section 59-2-1317 for mailing tax notices.
(c) The statement shall contain the amount and purpose of each levy fixed by the governing
body of the taxing entity.
(2) (a) For purposes of establishing the levy set for each of a taxing entity's applicable funds,
the taxing entity's governing body or board shall:
(i) divide the budgeted property tax revenues, specified in a budget which has been adopted
and approved prior to setting the levy, by an amount equal to:
(A) the aggregate taxable value of all property taxed; minus
(B) the taxing entity's estimated equalization adjustments in the current year; and
(ii) multiply the amount under Subsection (2)(a)(i) by the percentage of property taxes
collected for the previous five fiscal years.
(b) For purposes of Subsection (2)(a)(i)(A), the aggregate taxable value of all property taxed
includes:
(i) the total taxable value of the real and personal property contained on the tax rolls; [minus]

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and
[(ii) the aggregate amount of value placed in dispute by property owners within the taxing
entity pursuant to Section 59-2-1007; and]
[(c)] (ii) the taxable value of any additional personal property estimated by the county
assessor to be subject to taxation in the current year.
[(3) The aggregate annual amount of all adjustments to an assessment roll under Subsection
(2)(b) for a county or school district is limited to the greater of:]
[(a) 10% of the total value of the real and personal property for the county or school district
contained on the assessment roll; or]
[(b) 50% of the aggregate amount of value placed in dispute by property owners within the
county or school district pursuant to Section 59-2-1007.]
[(4) An adjustment to a levy under Subsection (2)(b) is subject to the provisions of
Subsection 59-2-914(3).]
[(5)] (3) The format of the statement under this section shall:
(a) be determined by the commission; and
(b) cite any applicable statutory provisions that:
(i) require a specific levy; or
(ii) limit the property tax levy for any taxing entity.
[(6)] (4) The commission may require certification that the information submitted on a
statement under this section is true and correct.
Section 2. Section 59-2-921 is amended to read:
59-2-921. Changes in assessment roll -- Rate adjustments -- Notice.
(1) On or before September 15 the county board of equalization and, in cases involving the
original jurisdiction of the commission or an appeal from the county board of equalization, the
commission, shall annually notify each taxing entity of the following changes resulting from actions
by the commission or the county board of equalization:
(a) a change in the taxing entity's assessment roll; and
(b) a change in the taxing entity's adopted tax rate.

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(2) A taxing entity is not required to comply with the public hearing and advertisement
requirements of Sections 59-2-918 and 59-2-919 if the commission, the county board of
equalization, or a court of competent jurisdiction:
(a) changes a taxing entity's adopted tax rate; or
(b) (i) makes a reduction in the taxing entity's assessment roll; and
(ii) the taxing entity adopts by resolution an increase in its tax rate above the certified tax
rate as a result of the reduction under Subsection (2)(b)(i).
[(3) (a) Subject to the provisions of Subsection (3)(b) and except as provided in Subsection
(4), if an appeal under Section 59-2-1007 is resolved on or before September 15, property taxes and
accrued interest released from escrow after the appeal is resolved shall, for purposes of:]
[(i) making a certified tax rate adjustment under this section, be included by the taxing entity
as property tax revenues for the current year; or]
[(ii) authorizing the following levies, be included by the state as property tax revenues for
the current year:]
[(A) Section 53A-17a-135;]
[(B) Section 59-2-906.1; and]
[(C) Section 59-2-901.]
[(b) If, after including property taxes and accrued interest released from escrow as property
tax revenues:]
[(i) under Subsection (3)(a)(i), the property taxes and accrued interest exceed the amount of
revenues levied by the taxing entity for the current year, for purposes of establishing its certified tax
rate in subsequent years, the taxing entity shall carry forward as property tax revenues the excess
property taxes and accrued interest until the entire amount of remaining property taxes and accrued
interest have been carried forward as property tax revenues; or]
[(ii) under Subsection (3)(a)(ii), the property taxes and accrued interest exceed the amount
of revenues authorized to fund the levies described in Subsections (3)(a)(ii)(A) through (C) for the
current year, for purposes of authorizing the levies described in Subsections (3)(a)(ii)(A) through
(C) in subsequent years, the state shall carry forward as property tax revenues the excess property

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taxes and accrued interest until the entire amount of remaining property taxes and accrued interest
have been carried forward as property tax revenues.]
[(4) If an appeal under Section 59-2-1007 is resolved after September 15, property taxes and
accrued interest released from escrow after the appeal is resolved shall be included by the taxing
entity or the state as property tax revenues as provided in Subsection (3)(a) and subject to the carry
forward provisions of Subsection (3)(b) for the next fiscal year beginning after September 15.]
[(5)] (3) A rate adjustment under this section for:
(a) a taxing entity shall be:
(i) made by the county auditor;
(ii) aggregated;
(iii) reported by the county auditor to the commission; and
(iv) certified by the commission; and
(b) the state shall be made by the commission.
Section 3. Section 59-2-924 (Effective 01/01/98) is amended to read:
59-2-924 (Effective 01/01/98). Report of valuation of property to county auditor and
commission -- Transmittal by auditor to governing bodies -- Certified tax rate -- Adoption of
tentative budget.
(1) (a) Before June 1 of each year, the county assessor of each county shall deliver to the
county auditor and the commission the following statements:
(i) a statement containing the aggregate valuation of all taxable property in each taxing
entity; and
(ii) a statement containing the taxable value of any additional personal property estimated
by the county assessor to be subject to taxation in the current year.
(b) The county auditor shall, on or before June 8, transmit to the governing body of each
taxing entity:
(i) the statements described in Subsections (1)(a)(i) and (ii);
(ii) an estimate of the revenue from personal property;
(iii) the certified tax rate; and

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(iv) all forms necessary to submit a tax levy request.
(2) (a) (i) The "certified tax rate" means a tax rate that will provide the same ad valorem
property tax revenues for a taxing entity as were collected by that taxing entity for the prior year.
[(ii) (A) For purposes of this Subsection (2), "ad valorem property tax revenues" include an
amount of property taxes or accrued interest released from escrow as provided in Subsection
59-2-921(3) or (4).]
[(B)] (ii) For purposes of this Subsection (2), "ad valorem property tax revenues" do not
include:
[(I)] (A) collections from redemptions;
[(II)] (B) interest; and
[(III)] (C) penalties.
(iii) Except as provided in Subsection (2)(a)(iv), the certified tax rate shall be calculated by
dividing the ad valorem property tax revenues collected for the prior year by the taxing entity by the
taxable value established in accordance with Section 59-2-913.
(iv) The certified tax rates for the taxing entities described in this Subsection (2)(a)(iv) shall
be calculated as follows:
(A) except as provided in Subsection (2)(a)(iv)(B), for new taxing entities the certified tax
rate is zero;
(B) for each municipality incorporated on or after July 1, 1996, the certified tax rate is:
(I) in a county of the first, second, or third class, the levy imposed for municipal-type
services under Sections 17-34-1 and 17-36-9; and
(II) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
purposes and such other levies imposed solely for the municipal-type services identified in Section
17-34-2 and Subsection 17-36-3(22);
(C) for debt service voted on by the public, the certified tax rate shall be the actual levy
imposed by that section, except that the certified tax rates for the following levies shall be calculated
in accordance with Section 59-2-913 and this section:
(I) school leeways provided for under Sections 11-2-7, 53A-16-110, 53A-17a-125,

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53A-17a-127, 53A-17a-134, 53A-17a-143, 53A-17a-145, and 53A-21-103; and
(II) levies to pay for the costs of state legislative mandates or judicial or administrative
orders under Section 59-2-906.3.
(b) (i) For the purpose of calculating the certified tax rate, the county auditor shall use the
taxable value of property on the assessment roll.
(ii) For purposes [for] of Subsection (2)(b)(i), the taxable value of property on the
assessment roll does not include new growth as defined in Subsection (2)(b)(iii).
(iii) "New growth" means:
(A) the difference between the increase in taxable value of the taxing entity from the
previous calendar year to the current year; minus
(B) the amount of increase to locally assessed real property taxable values resulting from
factoring, reappraisal, or any other adjustments.
(c) Beginning January 1, 1997, if a taxing entity receives increased revenues from uniform
fees on tangible personal property under Section 59-2-404 or 59-2-405 as a result of any county
imposing a sales and use tax under Title 59, Chapter 12, Part 11, County Option Sales and Use Tax,
the taxing entity shall decrease its certified tax rate to offset the increased revenues.
(d) (i) Beginning July 1, 1997, if a county has imposed a sales and use tax under Title 59,
Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
(A) decreased on a one-time basis by the amount of the estimated sales tax revenue to be
distributed to the county under Subsection 59-12-1102(3); and
(B) increased by the amount necessary to offset the county's reduction in revenue from
uniform fees on tangible personal property under Section 59-2-404 or 59-2-405 as a result of the
decrease in the certified tax rate under Subsection (2)(d)(i)(A).
(ii) The commission shall determine estimates of sales tax distributions for purposes of
Subsection (2)(d)(i).
(e) For the calendar year beginning on January 1, 1998, and ending December 31, 1998, a
taxing entity's certified tax rate shall be increased by the amount necessary to offset the decrease in
revenues from uniform fees on tangible personal property under Section 59-2-405 as a result of the

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decrease in uniform fees on tangible personal property under Section 59-2-405 enacted by the
Legislature during the 1997 Annual General Session.
(f) Beginning January 1, 1998, if a municipality has imposed an additional resort
communities sales tax under Section 59-12-402, the municipality's certified tax rate shall be
decreased on a one-time basis by the amount necessary to offset the first 12 months of estimated
revenue from the additional resort communities sales tax imposed under Section 59-12-402.
(3) (a) On or before June 22, each taxing entity shall annually adopt a tentative budget.
(b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
auditor of:
(i) its intent to exceed the certified tax rate; and
(ii) the amount by which it proposes to exceed the certified tax rate.
(c) The county auditor shall notify all property owners of any intent to exceed the certified
tax rate in accordance with Subsection 59-2-919(2).
(4) (a) The taxable value for the base year under Subsection 17A-2-1247(2)(a) or
17A-2-1202(2), as the case may be, shall be reduced for any year to the extent necessary to provide
a redevelopment agency established under Title 17A, Chapter 2, Part 12, Neighborhood
Redevelopment Agencies, with approximately the same amount of money the agency would have
received without a reduction in the county's certified tax rate if:
(i) in that year there is a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i);
(ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
previous year; and
(iii) the decrease results in a reduction of the amount to be paid to the agency under Section
17A-2-1247 or 17A-2-1247.5.
(b) The taxable value of the base year under Subsection 17A-2-1247(2)(a) or 17A-2-1202(2),
as the case may be, shall be increased in any year to the extent necessary to provide a redevelopment
agency with approximately the same amount of money as the agency would have received without
an increase in the certified tax rate that year if:
(i) in that year the taxable value for the base year under Subsection 17A-2-1247(2) or

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17A-2-1202(2) is reduced due to a decrease in the certified tax rate under Subsection (2)(c) or
(2)(d)(i); and
(ii) The certified tax rate of a city, school district, or special district increases independent
of the adjustment to the taxable value of the base year.
(c) Notwithstanding a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i),
the amount of money allocated and, when collected, paid each year to a redevelopment agency
established under Title 17A, Chapter 2, Part 12, Neighborhood Redevelopment Agencies, for the
payment of bonds or other contract indebtedness, but not for administrative costs, may not be less
than that amount would have been without a decrease in the certified tax rate under Subsection (2)(c)
or (2)(d)(i).
Section 4. Section 59-2-924 (Superseded 01/01/98) is amended to read:
59-2-924 (Superseded 01/01/98). Report of valuation of property to county auditor and
commission -- Transmittal by auditor to governing bodies -- Certified tax rate -- Adoption of
tentative budget.
(1) (a) Before June 1 of each year, the county assessor of each county shall deliver to the
county auditor and the commission the following statements:
(i) a statement containing the aggregate valuation of all taxable property in each taxing
entity; and
(ii) a statement containing the taxable value of any additional personal property estimated
by the county assessor to be subject to taxation in the current year.
(b) The county auditor shall, on or before June 8, transmit to the governing body of each
taxing entity:
(i) the statements described in Subsections (1)(a)(i) and (ii);
(ii) an estimate of the revenue from personal property;
(iii) the certified tax rate; and
(iv) all forms necessary to submit a tax levy request.
(2) (a) (i) The "certified tax rate" means a tax rate that will provide the same ad valorem
property tax revenues for a taxing entity as were collected by that taxing entity for the prior year.

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[(ii) (A) For purposes of this Subsection (2), "ad valorem property tax revenues" include an
amount of property taxes or accrued interest released from escrow as provided in Subsection
59-2-921(3) or (4).]
[(B)] (ii) For purposes of this Subsection (2), "ad valorem property tax revenues" do not
include:
[(I)] (A) collections from redemptions;
[(II)] (B) interest; and
[(III)] (C) penalties.
(iii) Except as provided in Subsection (2)(a)(iv), the certified tax rate shall be calculated by
dividing the ad valorem property tax revenues collected for the prior year by the taxing entity by the
taxable value established in accordance with Section 59-2-913.
(iv) The certified tax rates for the taxing entities described in this Subsection (2)(a)(iv) shall
be calculated as follows:
(A) except as provided in Subsection (2)(a)(iv)(B), for new taxing entities the certified tax
rate is zero;
(B) for each municipality incorporated on or after July 1, 1996, the certified tax rate is:
(I) in a county of the first, second, or third class, the levy imposed for municipal-type
services under Sections 17-34-1 and 17-36-9; and
(II) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
purposes and such other levies imposed solely for the municipal-type services identified in Section
17-34-2 and Subsection 17-36-3(22);
(C) for debt service voted on by the public, the certified tax rate shall be the actual levy
imposed by that section, except that the certified tax rates for the following levies shall be calculated
in accordance with Section 59-2-913 and this section:
(I) school leeways provided for under Sections 11-2-7, 53A-16-110, 53A-17a-125,
53A-17a-127, 53A-17a-134, 53A-17a-143, 53A-17a-145, and 53A-21-103; and
(II) levies to pay for the costs of state legislative mandates or judicial or administrative
orders under Section 59-2-906.3.

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(b) (i) For the purpose of calculating the certified tax rate, the county auditor shall use the
taxable value of property on the assessment roll.
(ii) For purposes [for] of Subsection (2)(b)(i), the taxable value of property on the
assessment roll does not include new growth as defined in Subsection (2)(b)(iii).
(iii) "New growth" means:
(A) the difference between the increase in taxable value of the taxing entity from the
previous calendar year to the current year; minus
(B) the amount of increase to locally assessed real property taxable values resulting from
factoring, reappraisal, or any other adjustments.
(c) Beginning January 1, 1997, if a taxing entity receives increased revenues from uniform
fees on tangible personal property under Section 59-2-404 or 59-2-405 as a result of any county
imposing a sales and use tax under Title 59, Chapter 12, Part 11, County Option Sales and Use Tax,
the taxing entity shall decrease its certified tax rate to offset the increased revenues.
(d) (i) Beginning July 1, 1997, if a county has imposed a sales and use tax under Title 59,
Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
(A) decreased on a one-time basis by the amount of the estimated sales tax revenue to be
distributed to the county under Subsection 59-12-1102(3); and
(B) increased by the amount necessary to offset the county's reduction in revenue from
uniform fees on tangible personal property under Section 59-2-404 or 59-2-405 as a result of the
decrease in the certified tax rate under Subsection (2)(d)(i)(A).
(ii) The commission shall determine estimates of sales tax distributions for purposes of
Subsection (2)(d)(i).
(3) (a) On or before June 22, each taxing entity shall annually adopt a tentative budget.
(b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
auditor of:
(i) its intent to exceed the certified tax rate; and
(ii) the amount by which it proposes to exceed the certified tax rate.
(c) The county auditor shall notify all property owners of any intent to exceed the certified

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tax rate in accordance with Subsection 59-2-919(2).
(4) (a) The taxable value for the base year under Subsection 17A-2-1247(2)(a) or
17A-2-1202(2), as the case may be, shall be reduced for any year to the extent necessary to provide
a redevelopment agency established under Title 17A, Chapter 2, Part 12, Neighborhood
Redevelopment Agencies, with approximately the same amount of money the agency would have
received without a reduction in the county's certified tax rate if:
(i) in that year there is a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i);
(ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
previous year; and
(iii) the decrease results in a reduction of the amount to be paid to the agency under Section
17A-2-1247 or 17A-2-1247.5.
(b) The taxable value of the base year under Subsection 17A-2-1247(2)(a) or 17A-2-1202(2),
as the case may be, shall be increased in any year to the extent necessary to provide a redevelopment
agency with approximately the same amount of money as the agency would have received without
an increase in the certified tax rate that year if:
(i) in that year the taxable value for the base year under Subsection 17A-2-1247(2) or
17A-2-1202(2) is reduced due to a decrease in the certified tax rate under Subsection (2)(c) or
(2)(d)(i); and
(ii) The certified tax rate of a city, school district, or special district increases independent
of the adjustment to the taxable value of the base year.
(c) Notwithstanding a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i),
the amount of money allocated and, when collected, paid each year to a redevelopment agency
established under Title 17A, Chapter 2, Part 12, Neighborhood Redevelopment Agencies, for the
payment of bonds or other contract indebtedness, but not for administrative costs, may not be less
than that amount would have been without a decrease in the certified tax rate under Subsection (2)(c)
or (2)(d)(i).
Section 5. Section 59-2-1317 is amended to read:
59-2-1317. Index of property owners -- Tax notice -- Contents of notice.

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(1) The treasurer shall:
(a) collect the taxes; and
(b) furnish to each taxpayer, except those taxpayers under Sections 59-2-1302 and
59-2-1307, by mail, postage prepaid, or leave at the taxpayer's residence or usual place of business,
if known, a notice stating:
(i) the kind and value of property assessed to the taxpayer[, including the amount of value
placed in dispute by the property owner pursuant to Section 59-2-1007];
(ii) the street address of the property, if available to the county;
(iii) that the property may be subject to a detailed review in the next year under Section
59-2-303.1;
(iv) the amount of taxes levied[, including the amount of taxes levied on the amount of value
placed in dispute by the property owner pursuant to Section 59-2-1007];
(v) property tax information pertaining to taxpayer relief, options for payment of taxes, and
collection procedures;
(vi) other information specifically authorized to be included on the notice under Title 59,
Chapter 2, Property Tax Act; and
(vii) other property tax information approved by the commission.
(2) For any property for which property taxes are delinquent, the treasurer shall stamp on
the notice "Prior taxes are delinquent on this parcel."
(3) The notice shall:
(a) separately state all taxes levied only on a certain kind or class of property for a special
purpose;
(b) have printed or stamped on it when and where the taxes are payable;
(c) state the date on which the taxes will be delinquent; and
(d) state the penalty provided by law.
(4) (a) The notice shall be mailed by November 1.
(b) The treasurer shall keep on file in the treasurer's office the information set forth in the
notice.

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(c) The county treasurer is not required to mail out a tax receipt acknowledging payment.
Section 6. Section 59-2-1330 is amended to read:
59-2-1330. Payment of property taxes -- Unlawful collection by county -- Liability of
state or taxing entity -- Disputed taxes.
(1) Unless otherwise specifically provided by statute, property taxes shall be paid directly
to the county assessor or the treasurer when due.
(2) If the commission or a court of competent jurisdiction orders a reduction in the amount
of any tax levied against any property for tax purposes, the taxpayer shall be reimbursed under
Subsection (3).
(3) (a) The state and any taxing entity which has received property taxes or any portion of
property taxes is liable to a judgment debtor for the amount the state or the taxing entity received
plus interest as provided in Subsection (3)(b) if:
(i) the taxes are collected by the authorized officer of any county;
(ii) a taxpayer obtains a judgment or final order from the county board of equalization or the
commission against the county or an authorized officer of the county establishing that the taxes have
been unlawfully collected; and
(iii) any portion of the taxes has been paid to the state or to any taxing entity by the county
or its authorized officer.
(b) Interest under Subsection (3)(a) shall accrue:
(i) at a rate equal to the rate earned by the county;
(ii) (A) on the amount of taxes received from the time the state or a taxing entity received
the taxes; and
(B) for an equitable portion of the costs of action.
(4) (a) Each taxing entity may levy a tax to pay its share of the judgment or final order under
Subsection (3) if:
(i) the judgment or final order is issued no later than 15 days prior to the date the levy is set
under Subsection 59-2-924(2)(a); and
(ii) the amount of the judgment levy is included on the notice under Section 59-2-919.

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(b) The levy under Subsection (4)(a) is:
(i) in addition to, and exempt from, the maximum levy established for the taxing entity; and
(ii) exempt from the requirements of Sections 59-2-918 and 59-2-919 except for Subsection
59-2-919(4).
(5) (a) An owner of property assessed by the commission that has filed a valuation protest
pursuant to Section 59-2-1007 and has not received a final decision on that protest shall pay, on or
before the date of delinquency, the full amount of taxes due.
[(b) The property owner shall designate with the payment under Subsection (5)(a):]
[(i) the amount of valuation in dispute; and]
[(ii) the amount of the taxes levied on the disputed value as shown on the tax notice under
Section 59-2-1317.]
[(c) Subject to the provisions of Subsection (4)(d), and except as provided in Subsection
(4)(e), the county treasurer shall hold in escrow the disputed taxes and invest them with the county's
other investment funds.]
[(d) Notwithstanding Subsection (4)(c), if the aggregate amount of all adjustments to the tax
rolls of any county or school district is limited in any year pursuant to Subsection 59-2-913(3), the
treasurer shall, on or before December 31 of that year, release from escrow to the affected county
or school district an amount equal to the difference between the:]
[(i) budgeted property tax revenues determined for purposes of Subsection 59-2-913(2); and]
[(ii) property tax revenues assessed on the aggregate amount of the taxable value contained
on the tax rolls not disputed by property owners within the county pursuant to Section 59-2-1007.]
[(e) By written agreement between the county treasurer and the property owner the property
owner's disputed taxes may be placed in another institution and invested in compliance with the
provisions of Title 51, Chapter 7, State Money Management Act.]
[(f)] (b) A property owner that pays the full amount of taxes due under Subsection (5)(a) is
not required to pay penalties or interest on a disputed tax unless:
(i) a final decision is entered establishing a value greater than the value stated on the
disclosure notice under Section 59-2-1317; and

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(ii) the property owner fails to pay the additional tax liability within a 45-day period after
the county bills the property owner for the additional tax.
[(g) The county treasurer shall refund all amounts due to a property owner within 45 days
of the issuance of a final unappealed decision.]
Section 7. Retrospective operation.
This act has retrospective operation to January 1, 1997.

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