1st Sub. S.B. 211
         REDEVELOPMENT AGENCY AMENDMENTS

Senate Floor Amendments

Amendment 1 March 7, 2013 10:53 AM



Senator Jerry W. Stevenson proposes the following amendments:

1.    Page 10, Lines 298 through 299 :    

             298          (2) (a) An agency may not be paid any portion of a taxing entity's taxes resulting from
             299      an increase in the taxing entity's tax rate
{   through truth in taxation procedures   }        in accordance with Section 11-14-310, 59-2-919, 59-2-1328, 59-2-1330, or 63G-7-704       that occurs after


2.    Page 11, Lines 305 through 310 :    

             305      attributable to the tax rate increase in the same manner as other property taxes.
             306          
{   (c) Notwithstanding any other provision of law, if increased taxes are paid to an agency

             307      without the approval of the taxing entity committee as required by Subsection (2)(a), the
             308      increased taxes may not be recovered from the agency by the State Tax Commission, the
             309      county as the collector of the taxes, a taxing entity, or any other person or entity.   }
  (c) Notwithstanding any other provision of this section, if, prior to tax year 2013, increased taxes are paid to an agency without the approval of the taxing entity committee, and notwithstanding the law at the time that the tax was collected or increased:

    (i) the State Tax Commission, the county as the collector of the taxes, a taxing entity, or any other person or entity may not recover, directly or indirectly, the increased taxes from the agency by adjustment of a tax rate used to calculate tax increment or otherwise;
    (ii) the county is not liable to a taxing entity or any other person or entity for the increased taxes that were paid to the agency; and
    (iii) tax increment, including the increased taxes, shall continue to be paid to the agency subject to the same number of tax years, percentage of tax increment, and cumulative dollar amount of tax increment as approved in the project area budget and previously paid to the agency.  

             310          (3) Except as the taxing entity committee otherwise agrees, an agency may not receive

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