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H.B. 77
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PERSONAL PROPERTY TAX AMENDMENTS
2
2008 GENERAL SESSION
3
STATE OF UTAH
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Chief Sponsor: John Dougall
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Senate Sponsor:
Wayne L. Niederhauser
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LONG TITLE
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Committee Note:
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The Revenue and Taxation Interim Committee recommended this bill.
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General Description:
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This bill amends the Property Tax Act and the chapter relating to the collection of
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certain personal property taxes and the calculation of the certified tax rate.
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Highlighted Provisions:
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This bill:
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. defines terms;
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. amends the time period within which a county assessor or treasurer is required to
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deposit its collections of personal property tax revenue with the state treasurer or a
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qualified depository for the credit of the state;
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. creates two depreciation schedules for certain classes of taxable tangible personal
20
property;
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. allows a person to elect to designate certain taxable tangible personal property as
22
"expensed personal property" for valuation and taxing purposes;
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. starting January 1, 2010, requires the Tax Commission to develop depreciation
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schedules for short life expensed personal property and long life expensed personal
25
property;
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. prohibits a county from requiring a person to itemize the person's expensed personal
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property;
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. amends the date within which a person is required to file a statement with the
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county assessor's office listing the person's real and personal property;
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. eliminates the certified mailing requirement for a county assessor when the county
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assessor notifies a personal property taxpayer that the personal property taxpayer's
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signed statement is past due;
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. amends the formula for the calculation of the certified tax rate;
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. requires the portions of the certified tax rate calculation that relate to personal
35
property values to be based on the prior year's personal property values;
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. amends the exemption amount for certain personal property;
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. exempts certain personal property with a residual value of 15% or less from
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taxation;
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. amends the time period within which a personal property tax or uniform fee is due;
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and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill takes effect on January 1, 2009.
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Utah Code Sections Affected:
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AMENDS:
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17-34-3, as last amended by Laws of Utah 2005, First Special Session, Chapter 9
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17C-1-408, as renumbered and amended by Laws of Utah 2006, Chapter 359
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53A-16-106, as last amended by Laws of Utah 1994, Chapter 12
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53A-17a-133, as last amended by Laws of Utah 2006, Chapter 26
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53A-19-102, as last amended by Laws of Utah 2007, Chapter 92
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53A-19-105, as last amended by Laws of Utah 2003, Chapter 122
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59-2-306, as last amended by Laws of Utah 2000, Chapter 86
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59-2-307, as last amended by Laws of Utah 2006, Chapter 39
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59-2-908, as last amended by Laws of Utah 1995, Chapter 278
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59-2-913, as last amended by Laws of Utah 2007, Chapter 107
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59-2-914, as last amended by Laws of Utah 1995, Chapter 278
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59-2-918, as last amended by Laws of Utah 2006, Chapters 26 and 104
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59-2-924, as last amended by Laws of Utah 2007, Chapters 107, and 329
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59-2-1115, as last amended by Laws of Utah 2007, Chapter 8
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59-2-1302, as last amended by Laws of Utah 2007, Chapter 306
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59-2-1330, as last amended by Laws of Utah 2002, Chapters 196 and 240
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ENACTS:
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59-2-108, Utah Code Annotated 1953
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59-2-924.2, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17-34-3
is amended to read:
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17-34-3. Taxes or service charges.
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(1) (a) If a county furnishes the municipal-type services and functions described in
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Section
17-34-1
to areas of the county outside the limits of incorporated cities or towns, the
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entire cost of the services or functions so furnished shall be defrayed from funds that the county
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has derived from:
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(i) taxes that the county may lawfully levy or impose outside the limits of incorporated
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towns or cities;
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(ii) service charges or fees the county may impose upon the persons benefited in any
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way by the services or functions; or
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(iii) a combination of these sources.
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(b) As the taxes or service charges or fees are levied and collected, they shall be placed
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in a special revenue fund of the county and shall be disbursed only for the rendering of the
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services or functions established in Section
17-34-1
within the unincorporated areas of the
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county or as provided in Subsection
10-2-121
(2).
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(2) For the purpose of levying taxes, service charges, or fees provided in this section,
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the county legislative body may establish a district or districts in the unincorporated areas of
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the county.
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(3) Nothing contained in this chapter may be construed to authorize counties to impose
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or levy taxes not otherwise allowed by law.
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[(4) (a) A county required under Subsection
17-34-1
(4) to provide advanced life
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support and paramedic services to the unincorporated area of the county and that previously
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paid for those services through a countywide levy may increase its levy under Subsection
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(1)(a)(i) to generate in the unincorporated area of the county the same amount of revenue as the
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county loses from that area due to the required decrease in the countywide certified tax rate
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under Subsection
59-2-924
(2)(k)(i).]
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[(b) An increase in tax rate under Subsection (4)(a) is exempt from the notice and
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hearing requirements of Sections
59-2-918
and
59-2-919
.]
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[(5)] (4) Notwithstanding any other provision of this chapter, a county providing fire,
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paramedic, and police protection services in a designated recreational area, as provided in
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Subsection
17-34-1
(5), may fund those services from the county general fund with revenues
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derived from both inside and outside the limits of cities and towns, and the funding of those
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services is not limited to unincorporated area revenues.
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Section 2.
Section
17C-1-408
is amended to read:
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17C-1-408. Base taxable value to be adjusted to reflect other changes.
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(1) (a) (i) As used in this Subsection (1), "qualifying decrease" means:
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(A) a decrease of more than 20% from the previous tax year's levy; or
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(B) a cumulative decrease over a consecutive five-year period of more than 100% from
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the levy in effect at the beginning of the five-year period.
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(ii) The year in which a qualifying decrease under Subsection (1)(a)(i)(B) occurs is the
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fifth year of the five-year period.
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(b) If there is a qualifying decrease in the minimum basic school levy under Section
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59-2-902
that would result in a reduction of the amount of tax increment to be paid to an
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agency:
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(i) the base taxable value of taxable property within the project area shall be reduced in
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the year of the qualifying decrease to the extent necessary, even if below zero, to provide the
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agency with approximately the same amount of tax increment that would have been paid to the
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agency each year had the qualifying decrease not occurred; and
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(ii) the amount of tax increment paid to the agency each year for the payment of bonds
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and indebtedness may not be less than what would have been paid to the agency if there had
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been no qualifying decrease.
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(2) (a) The amount of the base taxable value to be used in determining tax increment
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shall be:
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(i) increased or decreased by the amount of an increase or decrease that results from:
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(A) a statute enacted by the Legislature or by the people through an initiative;
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(B) a judicial decision;
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(C) an order from the State Tax Commission to a county to adjust or factor its
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assessment rate under Subsection
59-2-704
(2);
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(D) a change in exemption provided in Utah Constitution Article XIII, Section 2, or
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Section
59-2-103
; or
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(E) an increase or decrease in the percentage of fair market value, as defined under
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Section
59-2-102
; and
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(ii) reduced for any year to the extent necessary, even if below zero, to provide an
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agency with approximately the same amount of money the agency would have received without
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a reduction in the county's certified tax rate if:
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(A) in that year there is a decrease in the county's certified tax rate under Subsection
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[
59-2-924
(2)(c) or (d)(i)]
59-2-924.2
(2) or (3)(a);
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(B) the amount of the decrease is more than 20% of the county's certified tax rate of the
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previous year; and
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(C) the decrease would result in a reduction of the amount of tax increment to be paid
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to the agency.
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(b) Notwithstanding an increase or decrease under Subsection (2)(a), the amount of tax
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increment paid to an agency each year for payment of bonds or other indebtedness may not be
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less than would have been paid to the agency each year if there had been no increase or
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decrease under Subsection (2)(a).
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Section 3.
Section
53A-16-106
is amended to read:
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53A-16-106. Annual certification of tax rate proposed by local school board --
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Inclusion of school district budget -- Modified filing date.
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(1) Prior to June 22 of each year, each local school board shall certify to the county
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legislative body in which the district is located, on forms prescribed by the State Tax
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Commission, the proposed tax rate approved by the local school board.
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(2) A copy of the district's budget, including items under Section
53A-19-101
, and a
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certified copy of the local school board's resolution which approved the budget and set the tax
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rate for the subsequent school year beginning July 1 shall accompany the tax rate.
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(3) If the tax rate approved by the board is in excess of the "certified tax rate" as
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defined under Subsection
59-2-924
[(2)](3)(a), the date for filing the tax rate and budget
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adopted by the board shall be that established under Section
59-2-919
.
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Section 4.
Section
53A-17a-133
is amended to read:
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53A-17a-133. State-supported voted leeway program authorized -- Election
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requirements -- State guarantee -- Reconsideration of the program.
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(1) An election to consider adoption or modification of a voted leeway program is
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required if initiative petitions signed by 10% of the number of electors who voted at the last
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preceding general election are presented to the local school board or by action of the board.
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(2) (a) (i) To establish a voted leeway program, a majority of the electors of a district
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voting at an election in the manner set forth in Section
53A-16-110
must vote in favor of a
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special tax.
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(ii) The tax rate may not exceed .002 per dollar of taxable value.
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(b) The district may maintain a school program which exceeds the cost of the program
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referred to in Section
53A-17a-145
with this voted leeway.
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(c) In order to receive state support the first year, a district must receive voter approval
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no later than December 1 of the year prior to implementation.
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(3) (a) Under the voted leeway program, the state shall contribute an amount sufficient
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to guarantee $17.54 per weighted pupil unit for each .0001 of the first .0016 per dollar of
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taxable value.
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(b) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar
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of taxable value under Subsection (3)(a) shall apply to the board-approved leeway authorized
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in Section
53A-17a-134
, so that the guarantee shall apply up to a total of .002 per dollar of
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taxable value if a school district levies a tax rate under both programs.
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(c) (i) Beginning July 1, 2005, the $17.54 guarantee under Subsections (3)(a) and (b)
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shall be indexed each year to the value of the weighted pupil unit by making the value of the
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guarantee equal to .008544 times the value of the prior year's weighted pupil unit.
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(ii) The guarantee shall increase by .0005 times the value of the prior year's weighted
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pupil unit for each succeeding year until the guarantee is equal to .010544 times the value of
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the prior year's weighted pupil unit.
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(d) (i) The amount of state guarantee money to which a school district would otherwise
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be entitled to under this Subsection (3) may not be reduced for the sole reason that the district's
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levy is reduced as a consequence of changes in the certified tax rate under Section
59-2-924
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pursuant to changes in property valuation.
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(ii) Subsection (3)(d)(i) applies for a period of two years following any such change in
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the certified tax rate.
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(4) (a) An election to modify an existing voted leeway program is not a reconsideration
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of the existing program unless the proposition submitted to the electors expressly so states.
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(b) A majority vote opposing a modification does not deprive the district of authority to
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continue an existing program.
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(c) If adoption of a leeway program is contingent upon an offset reducing other local
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school board levies, the board must allow the electors, in an election, to consider modifying or
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discontinuing the program prior to a subsequent increase in other levies that would increase the
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total local school board levy.
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(d) Nothing contained in this section terminates, without an election, the authority of a
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school district to continue an existing voted leeway program previously authorized by the
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voters.
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(5) Notwithstanding Section
59-2-918
, a school district may budget an increased
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amount of ad valorem property tax revenue derived from a voted leeway imposed under this
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section in addition to revenue from new growth as defined in Subsection
59-2-924
[(2)](4),
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without having to comply with the advertisement requirements of Section
59-2-918
, if the
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voted leeway is approved:
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(a) in accordance with Section
53A-16-110
on or after January 1, 2003; and
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(b) within the four-year period immediately preceding the year in which the school
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district seeks to budget an increased amount of ad valorem property tax revenue derived from
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the voted leeway.
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(6) Notwithstanding Section
59-2-919
, a school district may levy a tax rate under this
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section that exceeds the certified tax rate without having to comply with the advertisement
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requirements of Section
59-2-919
if:
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(a) the levy exceeds the certified tax rate as the result of a school district budgeting an
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increased amount of ad valorem property tax revenue derived from a voted leeway imposed
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under this section; and
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(b) if the voted leeway was approved:
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(i) in accordance with Section
53A-16-110
on or after January 1, 2003; and
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(ii) within the four-year period immediately preceding the year in which the school
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district seeks to budget an increased amount of ad valorem property tax revenue derived from
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the voted leeway.
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Section 5.
Section
53A-19-102
is amended to read:
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53A-19-102. Local school boards budget procedures.
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(1) Prior to June 22 of each year, each local school board shall adopt a budget and
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make appropriations for the next fiscal year. If the tax rate in the proposed budget exceeds the
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certified tax rate defined in [Subsection] Section
59-2-924
[(2)], the board shall comply with
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Sections
59-2-918
and
59-2-919
in adopting the budget, except as provided by Section
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53A-17a-133
.
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(2) Prior to the adoption of a budget containing a tax rate which does not exceed the
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certified tax rate, the board shall hold a public hearing, as defined in Section
10-9a-103
, on the
229
proposed budget. In addition to complying with Title 52, Chapter 4, Open and Public Meetings
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Act, in regards to the hearing, the board shall do the following:
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(a) publish the required newspaper notice at least ten days prior to the hearing; and
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(b) file a copy of the proposed budget with the board's business administrator for public
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inspection at least ten days prior to the hearing.
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(3) The board shall file a copy of the adopted budget with the state auditor and the
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State Board of Education.
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Section 6.
Section
53A-19-105
is amended to read:
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53A-19-105. School district interfund transfers.
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(1) A school district shall spend revenues only within the fund for which they were
239
originally authorized, levied, collected, or appropriated.
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(2) Except as otherwise provided in this section, school district interfund transfers of
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residual equity are prohibited.
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(3) The State Board of Education may authorize school district interfund transfers of
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residual equity when a district states its intent to create a new fund or expand, contract, or
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liquidate an existing fund.
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(4) The State Board of Education may also authorize school district interfund transfers
246
of residual equity for a financially distressed district if the board determines the following:
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(a) the district has a significant deficit in its maintenance and operations fund caused
248
by circumstances not subject to the administrative decisions of the district;
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(b) the deficit cannot be reasonably reduced under Section
53A-19-104
; and
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(c) without the transfer, the school district will not be capable of meeting statewide
251
educational standards adopted by the State Board of Education.
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(5) The board shall develop standards for defining and aiding financially distressed
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school districts under this section in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act.
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(6) (a) All debt service levies not subject to certified tax rate hearings shall be recorded
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and reported in the debt service fund.
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(b) Debt service levies under Subsection
59-2-924
[(2)(a)(v)(C)](3)(e)(iii) that are not
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subject to the certified tax rate hearing requirements of Sections
59-2-918
and
59-2-919
may
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not be used for any purpose other than retiring general obligation debt.
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(c) Amounts from these levies remaining in the debt service fund at the end of a fiscal
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year shall be used in subsequent years for general obligation debt retirement.
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(d) Any amounts left in the debt service fund after all general obligation debt has been
263
retired may be transferred to the capital projects fund upon completion of the budgetary hearing
264
process required under Section
53A-19-102
.
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Section 7.
Section
59-2-108
is enacted to read:
266
59-2-108. Depreciation schedule for certain taxable tangible personal property.
267
(1) As used in this section:
268
(a) (i) "Acquisition cost" means all costs required to put an item of tangible personal
269
property into service; and
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(ii) includes:
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(A) the purchase price for a new or used item;
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(B) the cost of freight and shipping;
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(C) the cost of installation, engineering, erection, or assembly; and
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(D) sales and use taxes.
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(b) "Expensed personal property" means an item of taxable tangible personal property
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that:
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(i) has an acquisition cost of $5,000 or less; and
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(ii) a person elects to have assessed according to a schedule described in Subsection (4)
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or (5).
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(c) (i) "Item of taxable tangible personal property" does not include taxable tangible
281
personal property permanently attached to real property as defined in Section
59-12-102
.
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(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
283
the commission may make rules defining the term "item of taxable tangible personal property."
284
(d) (i) "Long life expensed personal property" means expensed personal property that is
285
the same type as the following personal property:
286
(A) computer integrated machinery;
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(B) long life trade fixtures;
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(C) medical and dental equipment;
289
(D) machinery and equipment;
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(E) heavy equipment; or
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(F) long life property.
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(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
293
the commission may make rules defining the following terms:
294
(A) "computer integrated machinery";
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(B) "long life trade fixtures";
296
(C) "medical and dental equipment";
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(D) "machinery equipment";
298
(E) "heavy equipment"; and
299
(F) "long life property."
300
(e) (i) "Short life expensed personal property" means expensed personal property that is
301
the same type as the following personal property:
302
(A) short life property;
303
(B) short life trade fixtures; or
304
(C) computer hardware.
305
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
306
the commission may make rules defining the following terms:
307
(A) "short life property";
308
(B) "short life trade fixtures"; and
309
(C) "computer hardware."
310
(f) "Taxable tangible personal property" means tangible personal property that is
311
subject to taxation under this chapter.
312
(2) (a) A person may elect to designate taxable tangible personal property as expensed
313
personal property.
314
(b) A county shall not require a person to:
315
(i) itemize expensed personal property on the signed statement described in Section
316
59-2-306
; and
317
(ii) track expensed personal property.
318
(c) If a taxpayer's expensed personal property is audited in accordance with Subsection
319
59-2-306
(3), a taxpayer shall provide proof of the acquisition price of the expensed personal
320
property.
321
(3) (a) An election to designate taxable tangible personal property as expensed personal
322
property under this section may not be revoked.
323
(b) Except as provided in Subsection (3)(d), if an item of taxable tangible personal
324
property is designated as expensed personal property, the person must pay taxes according to
325
the taxable value determined by the schedule:
326
(i) for an item of short life expensed personal property, for a term designated by a
327
schedule described in Subsection (4); and
328
(ii) for an item of long life expensed personal property, for a term designated by the
329
schedule described in Subsection (5).
330
(c) If a person sells or otherwise disposes of an item of expensed personal property
331
prior to the time period described in Subsection (3)(b) or (d), the person shall continue to pay
332
taxes according to the schedule described in Subsection (4) or (5).
333
(d) If a person elects to designate an item of taxable tangible personal property
334
acquired before December 31, 2008, as expensed personal property at a time after the first year
335
after the item is acquired, the person must pay taxes according to the taxable value determined
336
by the schedule for a time period that equals:
337
(i) for an item of short life expensed personal property:
338
(A) the time period designated in Subsection (3)(b)(i); less
339
(B) the time period beginning when the person acquired the item of expensed personal
340
property and ending when the person designated the item as short life expensed personal
341
property; and
342
(ii) for an item of long life expensed personal property:
343
(A) the time period designated in Subsection (3)(b)(ii); less
344
(B) the time period beginning when the person acquired the item of expensed personal
345
property and ending when the person designated the item as long life expensed personal
346
property.
347
(e) If a person elects to designate taxable tangible personal property as expensed
348
personal property in accordance with Subsection (2)(a), the person may not appeal the values
349
described in Subsection (4) or (5).
350
(4) (a) For the taxable year beginning on January 1, 2009 and ending on December 31,
351
2009, the taxable value of short life expensed personal property is calculated by applying the
352
percent good factor against the acquisition cost of the property as follows:
353
Short Life Expensed Personal Property Schedule
354
Year of Percent Good of
355
Acquisition Acquisition Cost
356
2008 69%
357
2007 52%
358
2006 30%
359
2005 17%
360
2004 11%
361
(b) For taxable years beginning on or after January 1, 2010, the taxable value of short
362
life expensed personal property shall be assessed according to a schedule developed by the
363
commission in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
364
(5) (a) For the taxable year beginning on January 1, 2009 and ending on December 31,
365
2009, the taxable value of long life expensed personal property is calculated by applying the
366
percent good factor against the acquisition cost of the property as follows:
367
Long Life Expensed Personal Property Schedule
368
Year of Percent Good of
369
Acquisition Acquisition Cost
370
2008 94%
371
2007 86%
372
2006 82%
373
2005 74%
374
2004 65%
375
2003 54%
376
2002 44%
377
2001 34%
378
2000 23%
379
1999 18%
380
1998 12%
381
(b) For taxable years beginning on or after January 1, 2010, the taxable value of long
382
life expensed personal property shall be assessed according to a schedule developed by the
383
commission in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
384
Section 8.
Section
59-2-306
is amended to read:
385
59-2-306. Statements by taxpayers -- Power of assessors respecting statements.
386
(1) The county assessor may request a signed statement from any person setting forth
387
all the real and personal property assessable by the assessor which is owned, possessed,
388
managed, or under the control of the person at 12 [o'clock] noon on January 1. [This
389
statement]
390
(2) (a) Except as provided in Subsection (2)(b) or (c), a signed statement described in
391
Subsection (1) shall be filed on or before May 15 of the year the statement described in
392
Subsection (1) is requested by the county assessor.
393
(b) For a county of the first class, the signed statement described in Subsection (1) shall
394
be filed [within 30] on the later of:
395
(i) 60 days after requested by the assessor[.]; or
396
(ii) on or before May 15 of the year the statement described in Subsection (1) is
397
requested by the county assessor if, by resolution, the county legislative body of that county
398
adopts the deadline described in Subsection (2)(a).
399
(c) If a county assessor requests a signed statement described in Subsection (1) on or
400
after March 16, the person shall file the signed statement within 60 days after requested by the
401
assessor.
402
[(2)] (3) The signed statement shall include the following:
403
(a) all property belonging to, claimed by, or in the possession, control, or management
404
of the person, any firm of which the person is a member, or any corporation of which the
405
person is president, secretary, cashier, or managing agent;
406
(b) the county in which the property is located or in which it is taxable; and, if taxable
407
in the county in which the signed statement was made, also the city, town, school district, road
408
district, or other taxing district in which it is located or taxable; and
409
(c) all lands in parcels or subdivisions not exceeding 640 acres each, the sections and
410
fractional sections of all tracts of land containing more than 640 acres which have been
411
sectionized by the United States Government, and the improvements on those lands.
412
[(3)] (4) Every assessor may subpoena and examine any person in any county in
413
relation to any signed statement but may not require that person to appear in any county other
414
than the county in which the subpoena is served.
415
Section 9.
Section
59-2-307
is amended to read:
416
59-2-307. Refusal by taxpayer to file signed statement -- Penalty -- Assessor to
417
estimate value -- Reporting information to other counties.
418
(1) (a) Each person who fails to file the signed statement required by Section
59-2-306
,
419
fails to file the signed statement with respect to name and place of residence, or fails to appear
420
and testify when requested by the assessor, shall pay a penalty equal to 10% of the estimated
421
tax due, but not less than $100 for each failure to file a signed and completed statement.
422
(b) Each penalty under Subsection (1)(a) shall be collected in the manner provided by
423
Sections
59-2-1302
and
59-2-1303
, except as otherwise provided for in this section, or by a
424
judicial proceeding brought in the name of the assessor.
425
(c) All money recovered by any assessor under this section shall be paid into the county
426
treasury.
427
(2) (a) The penalty imposed by Subsection (1)(a) may not be waived or reduced by the
428
assessor, county, county Board of Equalization, or commission except pursuant to a procedure
429
for the review and approval of reductions and waivers adopted by county ordinance, or by
430
administrative rule adopted in accordance with Title 63, Chapter 46a, Utah Administrative
431
Rulemaking Act.
432
(b) The penalty under Subsection (1)(a) for failure to appear and testify when requested
433
by the assessor may not be imposed until 30 days after the [certified] postmark date of mailing
434
of a subsequent [certified] notice.
435
(3) (a) If [any] an owner neglects or refuses to file [the] a signed statement [within 30
436
days of the date the first county request was sent] requested by an assessor of a county of the
437
first class as required under Section
59-2-306
, the assessor [shall] of a county of the first class:
438
(i) shall make:
439
(A) a subsequent request by [certified] mail for the signed statement, informing the
440
owner of the consequences of not filing a signed statement; and
441
(B) a record of the failure to file and an estimate of the value of the property of the
442
owner based on known facts and circumstances; and
443
(ii) may impose a fee for the actual and necessary expenses of the [certified] mailing
444
under Subsection (3)(a)(i)(A).
445
(b) The value fixed by the assessor may not be reduced by the county board of
446
equalization or by the commission.
447
(4) If the signed statement discloses property in any other county, the assessor shall file
448
the signed statement and send a [certified] copy to the assessor of each county in which the
449
property is located.
450
Section 10.
Section
59-2-908
is amended to read:
451
59-2-908. Single aggregate limitation -- Maximum levy.
452
(1) Except as provided in Subsection (2), each county shall have a single aggregate
453
limitation on the property tax levied for all purposes by the county. Except as provided in
454
Section
59-2-911
, this limitation may not exceed the maximum set forth in this section. The
455
maximum is:
456
(a) .0032 per dollar of taxable value in all counties with a total taxable value of more
457
than $100,000,000; and
458
(b) .0036 per dollar of taxable value in all counties with a total taxable value of less
459
than $100,000,000.
460
(2) (a) Beginning January 1, 1995, a county may impose a tax rate in excess of the
461
limitation provided in Subsection (1) if the rate established under Subsection (1)(a) or (b)
462
generates revenues for the county in an amount that is less than the revenues that would be
463
generated by the county under the certified tax rate established in [Subsection] Section
464
59-2-924
[(2)].
465
(b) A county meeting the requirements of Subsection (2)(a) may impose a tax rate that
466
does not exceed the certified tax rate established in [Subsection] Section
59-2-924
[(2)].
467
Section 11.
Section
59-2-913
is amended to read:
468
59-2-913. Definitions -- Statement of amount and purpose of levy -- Contents of
469
statement -- Filing with county auditor -- Transmittal to commission -- Calculations for
470
establishing tax levies -- Format of statement.
471
(1) As used in this section, "budgeted property tax revenues" does not include property
472
tax revenue received by a taxing entity from personal property that is:
473
(a) assessed by a county assessor in accordance with Part 3, County Assessment; and
474
(b) semiconductor manufacturing equipment.
475
(2) (a) The legislative body of each taxing entity shall file a statement as provided in
476
this section with the county auditor of the county in which the taxing entity is located.
477
(b) The auditor shall annually transmit the statement to the commission:
478
(i) before June 22; or
479
(ii) with the approval of the commission, on a subsequent date prior to the date
480
established under Section
59-2-1317
for mailing tax notices.
481
(c) The statement shall contain the amount and purpose of each levy fixed by the
482
legislative body of the taxing entity.
483
(3) For purposes of establishing the levy set for each of a taxing entity's applicable
484
funds, the legislative body of the taxing entity shall calculate an amount determined by dividing
485
the budgeted property tax revenues, specified in a budget which has been adopted and
486
approved prior to setting the levy, by the amount calculated under Subsections
487
59-2-924
[(2)(a)(iii)(B)(I) through (III)] (3)(c)(ii)(A) through (C).
488
(4) The format of the statement under this section shall:
489
(a) be determined by the commission; and
490
(b) cite any applicable statutory provisions that:
491
(i) require a specific levy; or
492
(ii) limit the property tax levy for any taxing entity.
493
(5) The commission may require certification that the information submitted on a
494
statement under this section is true and correct.
495
Section 12.
Section
59-2-914
is amended to read:
496
59-2-914. Excess levies -- Commission to recalculate levy -- Notice to implement
497
adjusted levies to county auditor.
498
(1) If the commission determines that a levy established for a taxing entity set under
499
Section
59-2-913
is in excess of the maximum levy permitted by law, the commission shall:
500
(a) lower the levy so that it is set at the maximum level permitted by law;
501
(b) notify the taxing entity which set the excessive rate that the rate has been lowered;
502
and
503
(c) notify the county auditor of the county or counties in which the taxing entity is
504
located to implement the rate established by the commission.
505
(2) A levy set for a taxing entity by the commission under this section shall be the
506
official levy for that taxing entity unless:
507
(a) the taxing entity lowers the levy established by the commission; or
508
(b) the levy is subsequently modified by a court order.
509
(3) (a) Subject to the provisions of Subsections (1) and (2), beginning January 1, 1995,
510
a taxing entity may impose a tax rate in excess of the maximum levy permitted by law if the
511
rate established by the taxing entity for the current year generates revenues for the taxing entity
512
in an amount that is less than the revenues that would be generated by the taxing entity under
513
the certified tax rate established in [Subsection] Section
59-2-924
[(2)].
514
(b) A taxing entity meeting the requirements of Subsection (3)(a) may impose a tax
515
rate that does not exceed the certified rate established in [Subsection] Section
59-2-924
[(2)].
516
Section 13.
Section
59-2-918
is amended to read:
517
59-2-918. Advertisement of proposed tax increase -- Notice -- Contents.
518
(1) (a) Except as provided in Subsection (1)(b), a taxing entity may not budget an
519
increased amount of ad valorem tax revenue exclusive of revenue from new growth as defined
520
in Subsection
59-2-924
[(2)](4) unless it advertises its intention to do so at the same time that it
521
advertises its intention to fix its budget for the forthcoming fiscal year.
522
(b) (i) Notwithstanding Subsection (1)(a), a taxing entity is not required to meet the
523
advertisement or hearing requirements of this section if:
524
(A) the taxing entity:
525
(I) collected less than $15,000 in ad valorem tax revenues for the previous fiscal year;
526
or
527
(II) is expressly exempted by law from complying with the requirements of this
528
section; or
529
(B) the increased amount of ad valorem tax revenue results from a tax rate increase that
530
is exempted under Subsection
59-2-919
(1)(a)(ii)(B) from the advertisement and hearing
531
requirements of Section
59-2-919
.
532
(ii) Notwithstanding Subsection (1)(a), a taxing entity is not required to meet the
533
advertisement requirements of this section if Section
53A-17a-133
allows the taxing entity to
534
budget an increased amount of ad valorem property tax revenue without having to comply with
535
the advertisement requirements of this section.
536
(2) (a) For taxing entities operating under a July 1 through June 30 fiscal year, the
537
advertisement required by this section may be combined with the advertisement required by
538
Section
59-2-919
.
539
(b) For taxing entities operating under a January 1 through December 31 fiscal year,
540
the advertisement required by this section shall meet the size, type, placement, and frequency
541
requirements established under Section
59-2-919
.
542
(3) The form of the advertisement required by this section shall meet the size, type,
543
placement, and frequency requirements established under Section
59-2-919
and shall be
544
substantially as follows:
545
"NOTICE OF PROPOSED TAX INCREASE
546
(NAME OF TAXING ENTITY)
547
The (name of the taxing entity) is proposing to increase its property tax revenue.
548
* If the proposed budget is approved, this would be an increase of _____% above
549
the (name of the taxing entity) property tax budgeted revenue for the prior year.
550
* The (name of the taxing entity) tax on a (insert the average value of a residence
551
in the taxing entity rounded to the nearest thousand dollars) residence would
552
increase from $______ to $________, which is $_______ per year.
553
* The (name of the taxing entity) tax on a (insert the value of a business having
554
the same value as the average value of a residence in the taxing entity) business
555
would increase from $________ to $_______, which is $______ per year.
556
All concerned citizens are invited to a public hearing on the tax increase.
557
PUBLIC HEARING
558
Date/Time: (date) (time)
559
Location: (name of meeting place and address of meeting place)
560
To obtain more information regarding the tax increase, citizens may contact the (name
561
of the taxing entity) at (phone number of taxing entity)."
562
(4) If a final decision regarding the budgeting of an increased amount of ad valorem tax
563
revenue is not made at the public hearing described in Subsection (3), the taxing entity shall
564
announce at the public hearing the scheduled time and place for consideration and adoption of
565
the proposed budget increase.
566
(5) (a) Each taxing entity operating under the January 1 through December 31 fiscal
567
year shall by March 1 notify the county of the date, time, and place of the public hearing at
568
which the budget for the following fiscal year will be considered.
569
(b) The county shall include the information described in Subsection (5)(a) with the tax
570
notice.
571
(6) A taxing entity shall hold a public hearing under this section beginning at or after 6
572
p.m.
573
Section 14.
Section
59-2-924
is amended to read:
574
59-2-924. Report of valuation of property to county auditor and commission --
575
Transmittal by auditor to governing bodies -- Certified tax rate -- Calculation of certified
576
tax rate -- Rulemaking authority -- Adoption of tentative budget.
577
(1) [(a)] Before June 1 of each year, the county assessor of each county shall deliver to
578
the county auditor and the commission the following statements:
579
[(i)] (a) a statement containing the aggregate valuation of all taxable real property in
580
each taxing entity; and
581
[(ii)] (b) a statement containing the taxable value of [any additional] all personal
582
property [estimated by the county assessor to be subject to taxation in the current year] from
583
the prior year end values.
584
[(b)] (2) The county auditor shall, on or before June 8, transmit to the governing body
585
of each taxing entity:
586
[(i)] (a) the statements described in Subsections (1)(a)[(i)] and [(ii)] (b);
587
[(ii)] (b) an estimate of the revenue from personal property;
588
[(iii)] (c) the certified tax rate; and
589
[(iv)] (d) all forms necessary to submit a tax levy request.
590
[(2)] (3) (a) [(i)] The "certified tax rate" means a tax rate that will provide the same ad
591
valorem property tax revenues for a taxing entity as were budgeted by that taxing entity for the
592
prior year.
593
[(ii)] (b) For purposes of this Subsection [(2), "ad] (3):
594
(i) "Ad valorem property tax revenues" do not include:
595
(A) collections from redemptions;
596
(B) interest;
597
(C) penalties; and
598
(D) revenue received by a taxing entity from personal property that is:
599
(I) assessed by a county assessor in accordance with Part 3, County Assessment; and
600
(II) semiconductor manufacturing equipment.
601
(ii) "Aggregate taxable value of all property taxed" means:
602
(A) the aggregate taxable value of all real property assessed by a county assessor in
603
accordance with Part 3, County Assessment, for the current year;
604
(B) the aggregate taxable year end value of all personal property assessed by a county
605
assessor in accordance with Part 3, County Assessment, for the prior year; and
606
(C) the aggregate taxable value of all real and personal property assessed by the
607
commission in accordance with Part 2, Assessment of Property, for the current year.
608
[(iii) (A)] (c) (i) Except as otherwise provided in this section, the certified tax rate shall
609
be calculated by dividing the ad valorem property tax revenues budgeted for the prior year by
610
the taxing entity by the amount calculated under Subsection [(2)(a)(iii)(B)] (3)(c)(ii).
611
[(B)] (ii) For purposes of Subsection [(2)(a)(iii)(A)] (3)(c)(i), the legislative body of a
612
taxing entity shall calculate an amount as follows:
613
[(I)] (A) calculate for the taxing entity the difference between:
614
[(Aa)] (I) the aggregate taxable value of all property taxed; and
615
[(Bb)] (II) any redevelopment adjustments for the current calendar year;
616
[(II)] (B) after making the calculation required by Subsection [(2)(a)(iii)(B)(I)]
617
(3)(c)(ii)(A), calculate an amount determined by increasing or decreasing the amount
618
calculated under Subsection [(2)(a)(iii)(B)(I)] (3)(c)(ii)(A) by the average of the percentage net
619
change in the value of taxable property for the equalization period for the three calendar years
620
immediately preceding the current calendar year;
621
[(III)] (C) after making the calculation required by Subsection [(2)(a)(iii)(B)(II)]
622
(3)(c)(ii)(B), calculate the product of:
623
[(Aa)] (I) the amount calculated under Subsection [(2)(a)(iii)(B)(II)] (3)(c)(ii)(B); and
624
[(Bb)] (II) the percentage of property taxes collected for the five calendar years
625
immediately preceding the current calendar year; and
626
[(IV)] (D) after making the calculation required by Subsection [(2)(a)(iii)(B)(III)]
627
(3)(c)(ii)(C), calculate an amount determined by subtracting from the amount calculated under
628
Subsection [(2)(a)(iii)(B)(III)] (3)(c)(ii)(C) any new growth as defined in this section:
629
[(Aa)] (I) within the taxing entity; and
630
[(Bb)] (II) for the following calendar year:
631
(Aa) for new growth from real property, the current calendar year[.]; and
632
(Bb) for new growth from personal property, the prior calendar year.
633
[(C)] (iii) For purposes of Subsection [(2)(a)(iii)(B)(I)] (3)(c)(ii)(A), the aggregate
634
taxable value of all property taxed:
635
[(I)] (A) except as provided in Subsection [(2)(a)(iii)(C)(II)] (3)(c)(iii)(B), includes:
636
(I) the total taxable value of the real [and personal] property contained on the tax rolls
637
of the taxing entity; and
638
(II) the total taxable year end value of the personal property contained on the prior
639
year's tax rolls of the taxing entity;
640
[(II)] (B) does not include the total taxable value of personal property contained on the
641
tax rolls of the taxing entity that is:
642
[(Aa)] (I) assessed by a county assessor in accordance with Part 3, County Assessment;
643
and
644
[(Bb)] (II) semiconductor manufacturing equipment.
645
[(D)] (iv) For purposes of Subsection [(2)(a)(iii)(B)(II)] (3)(c)(ii)(B), for calendar years
646
beginning on or after January 1, 2007, the value of taxable property does not include the value
647
of personal property that is:
648
[(I)] (A) within the taxing entity assessed by a county assessor in accordance with Part
649
3, County Assessment; and
650
[(II)] (B) semiconductor manufacturing equipment.
651
[(E)] (v) For purposes of Subsection [(2)(a)(iii)(B)(III)(Bb)] (3)(c)(ii)(C)(II), for
652
calendar years beginning on or after January 1, 2007, the percentage of property taxes collected
653
does not include property taxes collected from personal property that is:
654
[(I)] (A) within the taxing entity assessed by a county assessor in accordance with Part
655
3, County Assessment; and
656
[(II)] (B) semiconductor manufacturing equipment.
657
[(F)] (vi) For purposes of Subsection (3)(c)(ii)(B), for calendar years beginning on or
658
after January 1, 2009, the value of taxable property does not include the value of personal
659
property that is within the taxing entity assessed by a county assessor in accordance with Part 3,
660
County Assessment.
661
(vii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
662
the commission may prescribe rules for calculating redevelopment adjustments for a calendar
663
year.
664
[(iv) (A)] (d) (i) In accordance with Title 63, Chapter 46a, Utah Administrative
665
Rulemaking Act, the commission shall make rules determining the calculation of ad valorem
666
property tax revenues budgeted by a taxing entity.
667
[(B)] (ii) For purposes of Subsection [(2)(a)(iv)(A)] (3)(d)(i), ad valorem property tax
668
revenues budgeted by a taxing entity shall be calculated in the same manner as budgeted
669
property tax revenues are calculated for purposes of Section
59-2-913
.
670
[(v)] (e) The certified tax rates for the taxing entities described in this Subsection
671
[(2)(a)(v)] (3)(e) shall be calculated as follows:
672
[(A)] (i) except as provided in Subsection [(2)(a)(v)(B)] (3)(e)(ii), for new taxing
673
entities the certified tax rate is zero;
674
[(B)] (ii) for each municipality incorporated on or after July 1, 1996, the certified tax
675
rate is:
676
[(I)] (A) in a county of the first, second, or third class, the levy imposed for
677
municipal-type services under Sections
17-34-1
and
17-36-9
; and
678
[(II)] (B) in a county of the fourth, fifth, or sixth class, the levy imposed for general
679
county purposes and such other levies imposed solely for the municipal-type services identified
680
in Section
17-34-1
and Subsection
17-36-3
(22); and
681
[(C)] (iii) for debt service voted on by the public, the certified tax rate shall be the
682
actual levy imposed by that section, except that the certified tax rates for the following levies
683
shall be calculated in accordance with Section
59-2-913
and this section:
684
[(I)] (A) school leeways provided for under Sections
11-2-7
,
53A-16-110
,
685
53A-17a-125
,
53A-17a-127
,
53A-17a-133
,
53A-17a-134
,
53A-17a-143
,
53A-17a-145
, and
686
53A-21-103
; and
687
[(II)] (B) levies to pay for the costs of state legislative mandates or judicial or
688
administrative orders under Section
59-2-906.3
.
689
[(vi) (A)] (f) (i) A judgment levy imposed under Section
59-2-1328
or
59-2-1330
shall
690
be established at that rate which is sufficient to generate only the revenue required to satisfy
691
one or more eligible judgments, as defined in Section
59-2-102
.
692
[(B)] (ii) The ad valorem property tax revenue generated by the judgment levy shall not
693
be considered in establishing the taxing entity's aggregate certified tax rate.
694
[(b) (i)] (4) (a) For the purpose of calculating the certified tax rate, the county auditor
695
shall use:
696
(i) the taxable value of real property on the assessment roll[.]; and
697
(ii) the taxable year end value of personal property on the prior year's assessment roll.
698
[(ii)] (b) For purposes of Subsection [(2)(b)(i)] (4)(a)(i), the taxable value of real
699
property on the assessment roll does not include[: (A)] new growth as defined in Subsection
700
[(2)(b)(iii); or] (4)(c).
701
[(B) the total taxable value of personal property contained on the tax rolls of the taxing
702
entity that is:]
703
[(I) assessed by a county assessor in accordance with Part 3, County Assessment; and]
704
[(II) semiconductor manufacturing equipment.]
705
[(iii)] (c) "New growth" means:
706
[(A)] (i) the difference between the increase in taxable value of real property of the
707
taxing entity from the previous calendar year to the current year; plus
708
(ii) the difference between the increase in taxable year end value of personal property
709
of the taxing entity from the year prior to the previous calendar year to the previous calendar
710
year; minus
711
[(B)] (iii) the amount of an increase in taxable value described in Subsection
712
[(2)(b)(v)] (4)(e).
713
[(iv)] (d) For purposes of Subsection [(2)(b)(iii)] (4)(c)(ii), the taxable value of
714
personal property of the taxing entity does not include the taxable value of personal property
715
that is:
716
[(A)] (i) contained on the tax rolls of the taxing entity if that property is assessed by a
717
county assessor in accordance with Part 3, County Assessment; and
718
[(B)] (ii) semiconductor manufacturing equipment.
719
[(v)] (e) Subsection [(2)(b)(iii)(B)] (4)(c)(iii) applies to the following increases in
720
taxable value:
721
[(A)] (i) the amount of increase to locally assessed real property taxable values
722
resulting from factoring, reappraisal, or any other adjustments; or
723
[(B)] (ii) the amount of an increase in the taxable value of property assessed by the
724
commission under Section
59-2-201
resulting from a change in the method of apportioning the
725
taxable value prescribed by:
726
[(I)] (A) the Legislature;
727
[(II)] (B) a court;
728
[(III)] (C) the commission in an administrative rule; or
729
[(IV)] (D) the commission in an administrative order.
730
(f) For purposes of Subsection (4)(a)(ii), the taxable year end value of personal
731
property on the prior year's assessment roll does not include:
732
(i) new growth as defined in Subsection (4)(c); or
733
(ii) the total taxable year end value of personal property contained on the prior year's
734
tax rolls of the taxing entity that is:
735
(A) assessed by a county assessor in accordance with Part 3, County Assessment; and
736
(B) semiconductor manufacturing equipment.
737
[(c) Beginning January 1, 1997, if a taxing entity receives increased revenues from
738
uniform fees on tangible personal property under Section
59-2-404
,
59-2-405
,
59-2-405.1
,
739
59-2-405.2
, or
59-2-405.3
as a result of any county imposing a sales and use tax under Chapter
740
12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its certified tax
741
rate to offset the increased revenues.]
742
[(d) (i) Beginning July 1, 1997, if a county has imposed a sales and use tax under
743
Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:]
744
[(A) decreased on a one-time basis by the amount of the estimated sales and use tax
745
revenue to be distributed to the county under Subsection
59-12-1102
(3); and]
746
[(B) increased by the amount necessary to offset the county's reduction in revenue
747
from uniform fees on tangible personal property under Section
59-2-404
,
59-2-405
,
59-2-405.1
,
748
59-2-405.2
, or
59-2-405.3
as a result of the decrease in the certified tax rate under Subsection
749
(2)(d)(i)(A).]
750
[(ii) The commission shall determine estimates of sales and use tax distributions for
751
purposes of Subsection (2)(d)(i).]
752
[(e) Beginning January 1, 1998, if a municipality has imposed an additional resort
753
communities sales tax under Section
59-12-402
, the municipality's certified tax rate shall be
754
decreased on a one-time basis by the amount necessary to offset the first 12 months of
755
estimated revenue from the additional resort communities sales and use tax imposed under
756
Section
59-12-402
.]
757
[(f) (i) (A) For fiscal year 2000, the certified tax rate of each county required under
758
Subsection
17-34-1
(4)(a) to provide advanced life support and paramedic services to the
759
unincorporated area of the county shall be decreased by the amount necessary to reduce
760
revenues in that fiscal year by an amount equal to the difference between the amount the county
761
budgeted in its 2000 fiscal year budget for advanced life support and paramedic services
762
countywide and the amount the county spent during fiscal year 2000 for those services,
763
excluding amounts spent from a municipal services fund for those services.]
764
[(B) For fiscal year 2001, the certified tax rate of each county to which Subsection
765
(2)(f)(i)(A) applies shall be decreased by the amount necessary to reduce revenues in that fiscal
766
year by the amount that the county spent during fiscal year 2000 for advanced life support and
767
paramedic services countywide, excluding amounts spent from a municipal services fund for
768
those services.]
769
[(ii) (A) A city or town located within a county of the first class to which Subsection
770
(2)(f)(i) applies may increase its certified tax rate by the amount necessary to generate within
771
the city or town the same amount of revenues as the county would collect from that city or
772
town if the decrease under Subsection (2)(f)(i) did not occur.]
773
[(B) An increase under Subsection (2)(f)(ii)(A), whether occurring in a single fiscal
774
year or spread over multiple fiscal years, is not subject to the notice and hearing requirements
775
of Sections
59-2-918
and
59-2-919
.]
776
[(g) (i) The certified tax rate of each county required under Subsection
17-34-1
(4)(b) to
777
provide detective investigative services to the unincorporated area of the county shall be
778
decreased:]
779
[(A) in fiscal year 2001 by the amount necessary to reduce revenues in that fiscal year
780
by at least $4,400,000; and]
781
[(B) in fiscal year 2002 by the amount necessary to reduce revenues in that fiscal year
782
by an amount equal to the difference between $9,258,412 and the amount of the reduction in
783
revenues under Subsection (2)(g)(i)(A).]
784
[(ii) (A) (I) Beginning with municipal fiscal year 2002, a city or town located within a
785
county to which Subsection (2)(g)(i) applies may increase its certified tax rate to generate
786
within the city or town the same amount of revenue as the county would have collected during
787
county fiscal year 2001 from within the city or town except for Subsection (2)(g)(i)(A).]
788
[(II) Beginning with municipal fiscal year 2003, a city or town located within a county
789
to which Subsection (2)(g)(i) applies may increase its certified tax rate to generate within the
790
city or town the same amount of revenue as the county would have collected during county
791
fiscal year 2002 from within the city or town except for Subsection (2)(g)(i)(B).]
792
[(B) (I) Except as provided in Subsection (2)(g)(ii)(B)(II), an increase in the city or
793
town's certified tax rate under Subsection (2)(g)(ii)(A), whether occurring in a single fiscal year
794
or spread over multiple fiscal years, is subject to the notice and hearing requirements of
795
Sections
59-2-918
and
59-2-919
.]
796
[(II) For an increase under this Subsection (2)(g)(ii) that generates revenue that does
797
not exceed the same amount of revenue as the county would have collected except for
798
Subsection (2)(g)(i), the requirements of Sections
59-2-918
and
59-2-919
do not apply if the
799
city or town:]
800
[(Aa) publishes a notice that meets the size, type, placement, and frequency
801
requirements of Section
59-2-919
, reflects that the increase is a shift of a tax from one imposed
802
by the county to one imposed by the city or town, and explains how the revenues from the tax
803
increase will be used; and]
804
[(Bb) holds a public hearing on the tax shift that may be held in conjunction with the
805
city or town's regular budget hearing.]
806
[(h) (i) This Subsection (2)(h) applies to each county that:]
807
[(A) establishes a countywide special service district under Title 17A, Chapter 2, Part
808
13, Utah Special Service District Act, to provide jail service, as provided in Subsection
809
17A-2-1304
(1)(a)(x); and]
810
[(B) levies a property tax on behalf of the special service district under Section
811
17A-2-1322
.]
812
[(ii) (A) The certified tax rate of each county to which this Subsection (2)(h) applies
813
shall be decreased by the amount necessary to reduce county revenues by the same amount of
814
revenues that will be generated by the property tax imposed on behalf of the special service
815
district.]
816
[(B) Each decrease under Subsection (2)(h)(ii)(A) shall occur contemporaneously with
817
the levy on behalf of the special service district under Section
17A-2-1322
.]
818
[(i) (i) As used in this Subsection (2)(i):]
819
[(A) "Annexing county" means a county whose unincorporated area is included within
820
a fire district by annexation.]
821
[(B) "Annexing municipality" means a municipality whose area is included within a
822
fire district by annexation.]
823
[(C) "Equalized fire protection tax rate" means the tax rate that results from:]
824
[(I) calculating, for each participating county and each participating municipality, the
825
property tax revenue necessary to cover all of the costs associated with providing fire
826
protection, paramedic, and emergency services:]
827
[(Aa) for a participating county, in the unincorporated area of the county; and]
828
[(Bb) for a participating municipality, in the municipality; and]
829
[(II) adding all the amounts calculated under Subsection (2)(i)(i)(C)(I) for all
830
participating counties and all participating municipalities and then dividing that sum by the
831
aggregate taxable value of the property, as adjusted in accordance with Section
59-2-913
:]
832
[(Aa) for participating counties, in the unincorporated area of all participating counties;
833
and]
834
[(Bb) for participating municipalities, in all the participating municipalities.]
835
[(D) "Fire district" means a service area under Title 17B, Chapter 2a, Part 9, Service
836
Area Act, in the creation of which an election was not required under Subsection
837
17B-1-214
(3)(c).]
838
[(E) "Fire protection tax rate" means:]
839
[(I) for an annexing county, the property tax rate that, when applied to taxable property
840
in the unincorporated area of the county, generates enough property tax revenue to cover all the
841
costs associated with providing fire protection, paramedic, and emergency services in the
842
unincorporated area of the county; and]
843
[(II) for an annexing municipality, the property tax rate that generates enough property
844
tax revenue in the municipality to cover all the costs associated with providing fire protection,
845
paramedic, and emergency services in the municipality.]
846
[(F) "Participating county" means a county whose unincorporated area is included
847
within a fire district at the time of the creation of the fire district.]
848
[(G) "Participating municipality" means a municipality whose area is included within a
849
fire district at the time of the creation of the fire district.]
850
[(ii) In the first year following creation of a fire district, the certified tax rate of each
851
participating county and each participating municipality shall be decreased by the amount of
852
the equalized fire protection tax rate.]
853
[(iii) In the first year following annexation to a fire district, the certified tax rate of each
854
annexing county and each annexing municipality shall be decreased by the fire protection tax
855
rate.]
856
[(iv) Each tax levied under this section by a fire district shall be considered to be levied
857
by:]
858
[(A) each participating county and each annexing county for purposes of the county's
859
tax limitation under Section
59-2-908
; and]
860
[(B) each participating municipality and each annexing municipality for purposes of
861
the municipality's tax limitation under Section
10-5-112
, for a town, or Section
10-6-133
, for a
862
city.]
863
[(j) For the calendar year beginning on January 1, 2007, the calculation of a taxing
864
entity's certified tax rate shall be adjusted by the amount necessary to offset any change in the
865
certified tax rate that may result from excluding the following from the certified tax rate under
866
Subsection (2)(a) enacted by the Legislature during the 2007 General Session:]
867
[(i) personal property tax revenue:]
868
[(A) received by a taxing entity;]
869
[(B) assessed by a county assessor in accordance with Part 3, County Assessment; and]
870
[(C) for personal property that is semiconductor manufacturing equipment; or]
871
[(ii) the taxable value of personal property:]
872
[(A) contained on the tax rolls of a taxing entity;]
873
[(B) assessed by a county assessor in accordance with Part 3, County Assessment; and]
874
[(C) that is semiconductor manufacturing equipment.]
875
[(3)] (5) (a) On or before June 22, each taxing entity shall annually adopt a tentative
876
budget.
877
(b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
878
auditor of:
879
(i) its intent to exceed the certified tax rate; and
880
(ii) the amount by which it proposes to exceed the certified tax rate.
881
(c) The county auditor shall notify all property owners of any intent to exceed the
882
certified tax rate in accordance with Subsection
59-2-919
(2).
883
[(4) (a) The taxable value for the base year under Subsection
17C-1-102
(6) shall be
884
reduced for any year to the extent necessary to provide a community development and renewal
885
agency established under Title 17C, Limited Purpose Local Government Entities - Community
886
Development and Renewal Agencies, with approximately the same amount of money the
887
agency would have received without a reduction in the county's certified tax rate if:]
888
[(i) in that year there is a decrease in the certified tax rate under Subsection (2)(c) or
889
(2)(d)(i);]
890
[(ii) the amount of the decrease is more than 20% of the county's certified tax rate of
891
the previous year; and]
892
[(iii) the decrease results in a reduction of the amount to be paid to the agency under
893
Section
17C-1-403
or
17C-1-404
.]
894
[(b) The base taxable value under Subsection
17C-1-102
(6) shall be increased in any
895
year to the extent necessary to provide a community development and renewal agency with
896
approximately the same amount of money as the agency would have received without an
897
increase in the certified tax rate that year if:]
898
[(i) in that year the base taxable value under Subsection
17C-1-102
(6) is reduced due to
899
a decrease in the certified tax rate under Subsection (2)(c) or (2)(d)(i); and]
900
[(ii) The certified tax rate of a city, school district, local district, or special service
901
district increases independent of the adjustment to the taxable value of the base year.]
902
[(c) Notwithstanding a decrease in the certified tax rate under Subsection (2)(c) or
903
(2)(d)(i), the amount of money allocated and, when collected, paid each year to a community
904
development and renewal agency established under Title 17C, Limited Purpose Local
905
Government Entities - Community Development and Renewal Agencies, for the payment of
906
bonds or other contract indebtedness, but not for administrative costs, may not be less than that
907
amount would have been without a decrease in the certified tax rate under Subsection (2)(c) or
908
(2)(d)(i).]
909
Section 15.
Section
59-2-924.2
is enacted to read:
910
59-2-924.2. Adjustments to the calculation of a taxing entity's certified tax rate.
911
(1) For purposes of this section, "certified tax rate" means a certified tax rate calculated
912
in accordance with Section
59-2-924
.
913
(2) Beginning January 1, 1997, if a taxing entity receives increased revenues from
914
uniform fees on tangible personal property under Section
59-2-404
,
59-2-405
,
59-2-405.1
,
915
59-2-405.2
, or
59-2-405.3
as a result of any county imposing a sales and use tax under Chapter
916
12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its certified tax
917
rate to offset the increased revenues.
918
(3) (a) Beginning July 1, 1997, if a county has imposed a sales and use tax under
919
Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
920
(i) decreased on a one-time basis by the amount of the estimated sales and use tax
921
revenue to be distributed to the county under Subsection
59-12-1102
(3); and
922
(ii) increased by the amount necessary to offset the county's reduction in revenue from
923
uniform fees on tangible personal property under Section
59-2-404
,
59-2-405
,
59-2-405.1
,
924
59-2-405.2
, or
59-2-405.3
as a result of the decrease in the certified tax rate under Subsection
925
(3)(a)(i).
926
(b) The commission shall determine estimates of sales and use tax distributions for
927
purposes of Subsection (3)(a).
928
(4) Beginning January 1, 1998, if a municipality has imposed an additional resort
929
communities sales tax under Section
59-12-402
, the municipality's certified tax rate shall be
930
decreased on a one-time basis by the amount necessary to offset the first 12 months of
931
estimated revenue from the additional resort communities sales and use tax imposed under
932
Section
59-12-402
.
933
(5) (a) This Subsection (5) applies to each county that:
934
(i) establishes a countywide special service district under Title 17A, Chapter 2, Part 13,
935
Utah Special Service District Act, to provide jail service, as provided in Subsection
936
17A-2-1304
(1)(a)(x); and
937
(ii) levies a property tax on behalf of the special service district under Section
938
17A-2-1322
.
939
(b) (i) The certified tax rate of each county to which this Subsection (5) applies shall be
940
decreased by the amount necessary to reduce county revenues by the same amount of revenues
941
that will be generated by the property tax imposed on behalf of the special service district.
942
(ii) Each decrease under Subsection (5)(b)(i) shall occur contemporaneously with the
943
levy on behalf of the special service district under Section
17A-2-1322
.
944
(6) (a) As used in this Subsection (6):
945
(i) "Annexing county" means a county whose unincorporated area is included within a
946
fire district by annexation.
947
(ii) "Annexing municipality" means a municipality whose area is included within a fire
948
district by annexation.
949
(iii) "Equalized fire protection tax rate" means the tax rate that results from:
950
(A) calculating, for each participating county and each participating municipality, the
951
property tax revenue necessary to cover all of the costs associated with providing fire
952
protection, paramedic, and emergency services:
953
(I) for a participating county, in the unincorporated area of the county; and
954
(II) for a participating municipality, in the municipality; and
955
(B) adding all the amounts calculated under Subsection (6)(a)(iii)(A) for all
956
participating counties and all participating municipalities and then dividing that sum by the
957
aggregate taxable value of the property, as adjusted in accordance with Section
59-2-913
:
958
(I) for participating counties, in the unincorporated area of all participating counties;
959
and
960
(II) for participating municipalities, in all the participating municipalities.
961
(iv) "Fire district" means a service area under Title 17B, Chapter 2a, Part 9, Service
962
Area Act, in the creation of which an election was not required under Subsection
963
17B-1-214
(3)(c).
964
(v) "Fire protection tax rate" means:
965
(A) for an annexing county, the property tax rate that, when applied to taxable property
966
in the unincorporated area of the county, generates enough property tax revenue to cover all the
967
costs associated with providing fire protection, paramedic, and emergency services in the
968
unincorporated area of the county; and
969
(B) for an annexing municipality, the property tax rate that generates enough property
970
tax revenue in the municipality to cover all the costs associated with providing fire protection,
971
paramedic, and emergency services in the municipality.
972
(vi) "Participating county" means a county whose unincorporated area is included
973
within a fire district at the time of the creation of the fire district.
974
(vii) "Participating municipality" means a municipality whose area is included within a
975
fire district at the time of the creation of the fire district.
976
(b) In the first year following creation of a fire district, the certified tax rate of each
977
participating county and each participating municipality shall be decreased by the amount of
978
the equalized fire protection tax rate.
979
(c) In the first year following annexation to a fire district, the certified tax rate of each
980
annexing county and each annexing municipality shall be decreased by the fire protection tax
981
rate.
982
(d) Each tax levied under this section by a fire district shall be considered to be levied
983
by:
984
(i) each participating county and each annexing county for purposes of the county's tax
985
limitation under Section
59-2-908
; and
986
(ii) each participating municipality and each annexing municipality for purposes of the
987
municipality's tax limitation under Section
10-5-112
, for a town, or Section
10-6-133
, for a
988
city.
989
(7) For the calendar year beginning on January 1, 2007, the calculation of a taxing
990
entity's certified tax rate, calculated in accordance with Section
59-2-924
, shall be adjusted by
991
the amount necessary to offset any change in the certified tax rate that may result from
992
excluding the following from the certified tax rate under Subsection
59-2-924
(3) enacted by the
993
Legislature during the 2007 General Session:
994
(a) personal property tax revenue:
995
(i) received by a taxing entity;
996
(ii) assessed by a county assessor in accordance with Part 3, County Assessment; and
997
(iii) for personal property that is semiconductor manufacturing equipment; or
998
(b) the taxable value of personal property:
999
(i) contained on the tax rolls of a taxing entity;
1000
(ii) assessed by a county assessor in accordance with Part 3, County Assessment; and
1001
(iii) that is semiconductor manufacturing equipment.
1002
(8) (a) The taxable value for the base year under Subsection
17C-1-102
(6) shall be
1003
reduced for any year to the extent necessary to provide a community development and renewal
1004
agency established under Title 17C, Limited Purpose Local Government Entities - Community
1005
Development and Renewal Agencies, with approximately the same amount of money the
1006
agency would have received without a reduction in the county's certified tax rate, calculated in
1007
accordance with Section
59-2-924
, if:
1008
(i) in that year there is a decrease in the certified tax rate under Subsection (2) or (3)(a);
1009
(ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
1010
previous year; and
1011
(iii) the decrease results in a reduction of the amount to be paid to the agency under
1012
Section
17C-1-403
or
17C-1-404
.
1013
(b) The base taxable value under Subsection
17C-1-102
(6) shall be increased in any
1014
year to the extent necessary to provide a community development and renewal agency with
1015
approximately the same amount of money as the agency would have received without an
1016
increase in the certified tax rate that year if:
1017
(i) in that year the base taxable value under Subsection
17C-1-102
(6) is reduced due to
1018
a decrease in the certified tax rate under Subsection (2) or (3)(a); and
1019
(ii) the certified tax rate of a city, school district, local district, or special service
1020
district increases independent of the adjustment to the taxable value of the base year.
1021
(c) Notwithstanding a decrease in the certified tax rate under Subsection (2) or (3)(a),
1022
the amount of money allocated and, when collected, paid each year to a community
1023
development and renewal agency established under Title 17C, Limited Purpose Local
1024
Government Entities - Community Development and Renewal Agencies, for the payment of
1025
bonds or other contract indebtedness, but not for administrative costs, may not be less than that
1026
amount would have been without a decrease in the certified tax rate under Subsection (2) or
1027
(3)(a).
1028
Section 16.
Section
59-2-1115
is amended to read:
1029
59-2-1115. Exemption of certain tangible personal property.
1030
(1) For purposes of this section:
1031
(a) (i) "Acquisition cost" means all costs required to put an item of tangible personal
1032
property into service; and
1033
(ii) includes:
1034
(A) the purchase price for a new or used item;
1035
(B) the cost of freight and shipping;
1036
(C) the cost of installation, engineering, erection, or assembly; and
1037
(D) sales and use taxes.
1038
(b) (i) "Item of taxable tangible personal property" does not include taxable tangible
1039
personal property permanently attached to real property as defined in Section
59-12-102
.
1040
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1041
the commission may make rules defining the term "item of taxable tangible personal property."
1042
(c) (i) "Taxable tangible personal property" means tangible personal property that is
1043
subject to taxation under this chapter.
1044
(ii) "Taxable tangible personal property" does not include:
1045
(A) tangible personal property required by law to be registered with the state before it
1046
is used:
1047
(I) on a public highway;
1048
(II) on a public waterway;
1049
(III) on public land; or
1050
(IV) in the air;
1051
(B) a mobile home as defined in Section
41-1a-102
; or
1052
(C) a manufactured home as defined in Section
41-1a-102
.
1053
[(1)] (2) (a) The taxable tangible personal property of a taxpayer is exempt from
1054
taxation if the taxable tangible personal property has a total aggregate fair market value per
1055
county of $3,500 or less.
1056
[(b) For purposes of this section, "taxable tangible personal property" does not
1057
include:]
1058
[(i) tangible personal property required by law to be registered with the state before it is
1059
used:]
1060
[(A) on a public highway;]
1061
[(B) on a public waterway;]
1062
[(C) on public land; or]
1063
[(D) in the air;]
1064
[(ii) a mobile home as defined in Section
41-1a-102
; or]
1065
[(iii) a manufactured home as defined in Section
41-1a-102
.]
1066
(b) An item of taxable tangible personal property is exempt from taxation if the item of
1067
taxable tangible personal property:
1068
(i) has an acquisition cost of $5,000 or less;
1069
(ii) has reached the residual value described in Subsection (2)(b)(iii) according to a
1070
personal property schedule:
1071
(A) published by the commission pursuant to Section
59-2-107
; or
1072
(B) for an item of personal property that is designated as expensed personal property in
1073
accordance with Section
59-2-108
, described in Section
59-2-108
; and
1074
(iii) has a residual value of 15% or less.
1075
[(2)] (3) (a) For calendar years beginning on or after January 1, 2008, the commission
1076
shall increase the dollar amount described in Subsection [(1)] (2)(a):
1077
(i) by a percentage equal to the percentage difference between the consumer price
1078
index for the preceding calendar year and the consumer price index for calendar year 2006[.];
1079
and
1080
(ii) up to the nearest $100 increment.
1081
(b) For purposes of this Subsection [(2)](3), the commission shall calculate the
1082
consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
1083
(c) If the percentage difference under Subsection [(2)](3)(a)(i) is zero or a negative
1084
percentage, the consumer price index increase for the year is zero.
1085
[(3)] (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
1086
Act, the commission may make rules to administer this section and provide for uniform
1087
implementation.
1088
Section 17.
Section
59-2-1302
is amended to read:
1089
59-2-1302. Assessor or treasurer's duties -- Collection of uniform fees and taxes
1090
on personal property -- Unpaid tax or unpaid uniform fee is a lien -- Delinquency interest
1091
-- Rate.
1092
(1) After the assessor assesses taxes or uniform fees on personal property, the assessor
1093
or, if this duty has been reassigned in an ordinance under Section
17-16-5.5
, the treasurer shall:
1094
(a) list the personal property tax or uniform fee as provided in Subsection (3) with the
1095
real property of the owner in the manner required by law if the assessor or treasurer, as the case
1096
may be, determines that the real property is sufficient to secure the payment of the personal
1097
property taxes or uniform fees;
1098
(b) immediately collect the taxes or uniform fees due on the personal property; or
1099
(c) on or before the day on which the tax or uniform fee on personal property is due,
1100
obtain from the taxpayer a bond that is:
1101
(i) payable to the county in an amount equal to the amount of the tax or uniform fee
1102
due, plus 20% of the amount of the tax or uniform fee due; and
1103
(ii) conditioned for the payment of the tax or uniform fee on or before November 30.
1104
(2) (a) An unpaid tax as defined in Section
59-1-705
, or unpaid uniform fee upon
1105
personal property listed with the real property is a lien upon the owner's real property as of 12
1106
o'clock noon of January 1 of each year.
1107
(b) An unpaid tax as defined in Section
59-1-705
, or unpaid uniform fee upon personal
1108
property not listed with the real property is a lien upon the owner's personal property as of 12
1109
o'clock noon of January 1 of each year.
1110
(3) The assessor or treasurer, as the case may be, shall make the listing under this
1111
section:
1112
(a) on the record of assessment of the real property; or
1113
(b) by entering a reference showing the record of the assessment of the personal
1114
property on the record of assessment of the real property.
1115
(4) (a) The amount of tax or uniform fee assessed upon personal property is delinquent
1116
if the tax or uniform fee is not paid [within 30 days after] on the day on which the tax notice or
1117
the combined signed statement and tax notice [due] under Section
59-2-306
is [mailed] due.
1118
(b) Delinquent taxes or uniform fees under Subsection (4)(a) shall bear interest from
1119
the date of delinquency until the day on which the delinquent tax or uniform fee is paid at an
1120
interest rate equal to the sum of:
1121
(i) 6%; and
1122
(ii) the federal funds rate target:
1123
(A) established by the Federal Open Markets Committee; and
1124
(B) that exists on the January 1 immediately preceding the date of delinquency.
1125
(5) A county assessor or treasurer shall deposit all collections of public funds from a
1126
personal property tax or personal property uniform fee no later than once every seven banking
1127
days with:
1128
(a) the state treasurer; or
1129
(b) a qualified depository for the credit of the county.
1130
Section 18.
Section
59-2-1330
is amended to read:
1131
59-2-1330. Payment of property taxes -- Payments to taxpayer by state or taxing
1132
entity -- Refund of penalties paid by taxpayer -- Refund of interest paid by taxpayer --
1133
Payment of interest to taxpayer -- Judgment levy -- Objections to assessments by the
1134
commission -- Time periods for making payments to taxpayer.
1135
(1) Unless otherwise specifically provided by statute, property taxes shall be paid
1136
directly to the county assessor or the county treasurer:
1137
(a) on the date that the property taxes are due; and
1138
(b) as provided in this chapter.
1139
(2) A taxpayer shall receive payment as provided in this section if a reduction in the
1140
amount of any tax levied against any property for which the taxpayer paid a tax or any portion
1141
of a tax under this chapter for a calendar year is required by a final and unappealable judgment
1142
or order described in Subsection (3) issued by:
1143
(a) a county board of equalization;
1144
(b) the commission; or
1145
(c) a court of competent jurisdiction.
1146
(3) (a) For purposes of Subsection (2), the state or any taxing entity that has received
1147
property taxes or any portion of property taxes from a taxpayer described in Subsection (2)
1148
shall pay the taxpayer if:
1149
(i) the taxes the taxpayer paid in accordance with Subsection (2) are collected by an
1150
authorized officer of the:
1151
(A) county; or
1152
(B) state;
1153
(ii) the taxpayer obtains a final and unappealable judgment or order:
1154
(A) from:
1155
(I) a county board of equalization;
1156
(II) the commission; or
1157
(III) a court of competent jurisdiction;
1158
(B) against:
1159
(I) the taxing entity or an authorized officer of the taxing entity; or
1160
(II) the state or an authorized officer of the state; and
1161
(C) ordering a reduction in the amount of any tax levied against any property for which
1162
a taxpayer paid a tax or any portion of a tax under this chapter for the calendar year.
1163
(b) The amount that the state or a taxing entity shall pay a taxpayer shall be determined
1164
in accordance with Subsections (4) through (7).
1165
(4) For purposes of Subsections (2) and (3), the amount the state shall pay to a taxpayer
1166
is equal to the sum of:
1167
(a) if the difference described in this Subsection (4)(a) is greater than $0, the difference
1168
between:
1169
(i) the tax the taxpayer paid to the state in accordance with Subsection (2); and
1170
(ii) the amount of the taxpayer's tax liability to the state after the reduction in the
1171
amount of tax levied against the property in accordance with the final and unappealable
1172
judgment or order described in Subsection (3);
1173
(b) if the difference described in this Subsection (4)(b) is greater than $0, the difference
1174
between:
1175
(i) any penalties the taxpayer paid to the state in accordance with Section
59-2-1331
;
1176
and
1177
(ii) the amount of penalties the taxpayer is liable to pay to the state in accordance with
1178
Section
59-2-1331
after the reduction in the amount of tax levied against the property in
1179
accordance with the final and unappealable judgment or order described in Subsection (3);
1180
(c) as provided in Subsection (6)(a), interest the taxpayer paid in accordance with
1181
Section
59-2-1331
on the amounts described in Subsections (4)(a) and (4)(b); and
1182
(d) as provided in Subsection (6)(b), interest on the sum of the amounts described in:
1183
(i) Subsection (4)(a);
1184
(ii) Subsection (4)(b); and
1185
(iii) Subsection (4)(c).
1186
(5) For purposes of Subsections (2) and (3), the amount a taxing entity shall pay to a
1187
taxpayer is equal to the sum of:
1188
(a) if the difference described in this Subsection (5)(a) is greater than $0, the difference
1189
between:
1190
(i) the tax the taxpayer paid to the taxing entity in accordance with Subsection (2); and
1191
(ii) the amount of the taxpayer's tax liability to the taxing entity after the reduction in
1192
the amount of tax levied against the property in accordance with the final and unappealable
1193
judgment or order described in Subsection (3);
1194
(b) if the difference described in this Subsection (5)(b) is greater than $0, the difference
1195
between:
1196
(i) any penalties the taxpayer paid to the taxing entity in accordance with Section
1197
59-2-1331
; and
1198
(ii) the amount of penalties the taxpayer is liable to pay to the taxing entity in
1199
accordance with Section
59-2-1331
after the reduction in the amount of tax levied against the
1200
property in accordance with the final and unappealable judgment or order described in
1201
Subsection (3); and
1202
(c) as provided in Subsection (6)(a), interest the taxpayer paid in accordance with
1203
Section
59-2-1331
on the amounts described in Subsections (5)(a) and (5)(b); and
1204
(d) as provided in Subsection (6)(b), interest on the sum of the amounts described in:
1205
(i) Subsection (5)(a);
1206
(ii) Subsection (5)(b); and
1207
(iii) Subsection (5)(c).
1208
(6) Except as provided in Subsection (7):
1209
(a) interest shall be refunded to a taxpayer on the amount described in Subsection
1210
(4)(c) or (5)(c) in an amount equal to the amount of interest the taxpayer paid in accordance
1211
with Section
59-2-1331
; and
1212
(b) interest shall be paid to a taxpayer on the amount described in Subsection (4)(d) or
1213
(5)(d):
1214
(i) beginning on the later of:
1215
(A) the day on which the taxpayer paid the tax in accordance with Subsection (2); or
1216
(B) January 1 of the calendar year immediately following the calendar year for which
1217
the tax was due;
1218
(ii) ending on the day on which the state or a taxing entity pays to the taxpayer the
1219
amount required by Subsection (4) or (5); and
1220
(iii) at the interest rate earned by the state treasurer on public funds transferred to the
1221
state treasurer in accordance with Section 51-7-5.
1222
(7) Notwithstanding Subsection (6):
1223
(a) the state may not pay or refund interest to a taxpayer under Subsection (6) on any
1224
tax the taxpayer paid in accordance with Subsection (2) that exceeds the amount of tax levied
1225
by the state for that calendar year as stated on the notice required by Section
59-2-1317
; and
1226
(b) a taxing entity may not pay or refund interest to a taxpayer under Subsection (6) on
1227
any tax the taxpayer paid in accordance with Subsection (2) that exceeds the amount of tax
1228
levied by the taxing entity for that calendar year as stated on the notice required by Section
1229
59-2-1317.
1230
(8) (a) Each taxing entity may levy a tax to pay its share of the final and unappealable
1231
judgment or order described in Subsection (3) if:
1232
(i) the final and unappealable judgment or order is issued no later than 15 days prior to
1233
the date the levy is set under Subsection
59-2-924[(2)](3)
(a);
1234
(ii) the amount of the judgment levy is included on the notice under Section
59-2-919
;
1235
and
1236
(iii) the final and unappealable judgment or order is an eligible judgment, as defined in
1237
Section
59-2-102
.
1238
(b) The levy under Subsection (8)(a) is in addition to, and exempt from, the maximum
1239
levy established for the taxing entity.
1240
(9) (a) A taxpayer that objects to the assessment of property assessed by the
1241
commission shall pay, on or before the date of delinquency established under Subsection
1242
59-2-1331
(1) or Section
59-2-1332
, the full amount of taxes stated on the notice required by
1243
Section
59-2-1317
if:
1244
(i) the taxpayer has applied to the commission for a hearing in accordance with Section
1245
59-2-1007
on the objection to the assessment; and
1246
(ii) the commission has not issued a written decision on the objection to the assessment
1247
in accordance with Section
59-2-1007
.
1248
(b) A taxpayer that pays the full amount of taxes due under Subsection (9)(a) is not
1249
required to pay penalties or interest on an assessment described in Subsection (9)(a) unless:
1250
(i) a final and unappealable judgment or order establishing that the property described
1251
in Subsection (9)(a) has a value greater than the value stated on the notice required by Section
1252
59-2-1317
is issued by:
1253
(A) the commission; or
1254
(B) a court of competent jurisdiction; and
1255
(ii) the taxpayer fails to pay the additional tax liability resulting from the final and
1256
unappealable judgment or order described in Subsection (9)(b)(i) within a 45-day period after
1257
the county bills the taxpayer for the additional tax liability.
1258
(10) (a) Except as provided in Subsection (10)(b), a payment that is required by this
1259
section shall be paid to a taxpayer:
1260
(i) within 60 days after the day on which the final and unappealable judgment or order
1261
is issued in accordance with Subsection (3); or
1262
(ii) if a judgment levy is imposed in accordance with Subsection (8):
1263
(A) if the payment to the taxpayer required by this section is $5,000 or more, no later
1264
than December 31 of the year in which the judgment levy is imposed; and
1265
(B) if the payment to the taxpayer required by this section is less than $5,000, within
1266
60 days after the date the final and unappealable judgment or order is issued in accordance with
1267
Subsection (3).
1268
(b) Notwithstanding Subsection (10)(a), a taxpayer may enter into an agreement:
1269
(i) that establishes a time period other than a time period described in Subsection
1270
(10)(a) for making a payment to the taxpayer that is required by this section; and
1271
(ii) with:
1272
(A) an authorized officer of a taxing entity for a tax imposed by a taxing entity; or
1273
(B) an authorized officer of the state for a tax imposed by the state.
1274
Section 19. Effective date.
1275
This bill takes effect on January 1, 2009.
Legislative Review Note
as of 12-20-07 6:56 AM