Senator Aaron Osmond proposes the following substitute bill:


1     
PROPERTY TAX EQUALIZATION AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Aaron Osmond

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill makes changes related to school property taxes and funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Minimum Basic Growth Account;
14          ▸     amends the calculation of the school minimum basic tax rate;
15          ▸     requires a certain amount of revenue collected from the minimum basic tax rate to
16     be deposited into the Minimum Basic Growth Account;
17          ▸     distributes money deposited into the Minimum Basic Growth Account to fund the
18     state's portion of the voted levy guarantee, the Capital Outlay Foundation Program,
19     and the Capital Outlay Enrollment Growth Program; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25          This bill provides a coordination clause.

26     Utah Code Sections Affected:
27     AMENDS:
28          11-13-302, as last amended by Laws of Utah 2011, Chapter 371
29          53A-17a-103, as last amended by Laws of Utah 2014, Chapter 389
30          53A-17a-133, as last amended by Laws of Utah 2014, Chapter 189
31          53A-17a-135, as last amended by Laws of Utah 2014, Chapter 4
32          59-2-102, as last amended by Laws of Utah 2014, Chapters 65 and 411
33     ENACTS:
34          53A-17a-135.1, Utah Code Annotated 1953
35     Utah Code Sections Affected by Coordination Clause:
36          53A-17a-135, as last amended by Laws of Utah 2014, Chapter 4
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 11-13-302 is amended to read:
40          11-13-302. Payment of fee in lieu of ad valorem property tax by certain energy
41     suppliers -- Method of calculating -- Collection -- Extent of tax lien.
42          (1) (a) Each project entity created under this chapter that owns a project and that sells
43     any capacity, service, or other benefit from it to an energy supplier or suppliers whose tangible
44     property is not exempted by Utah Constitution Article XIII, Section 3, from the payment of ad
45     valorem property tax, shall pay an annual fee in lieu of ad valorem property tax as provided in
46     this section to each taxing jurisdiction within which the project or any part of it is located.
47          (b) For purposes of this section, "annual fee" means the annual fee described in
48     Subsection (1)(a) that is in lieu of ad valorem property tax.
49          (c) The requirement to pay an annual fee shall commence:
50          (i) with respect to each taxing jurisdiction that is a candidate receiving the benefit of
51     impact alleviation payments under contracts or determination orders provided for in Sections
52     11-13-305 and 11-13-306, with the fiscal year of the candidate following the fiscal year of the
53     candidate in which the date of commercial operation of the last generating unit, other than any
54     generating unit providing additional project capacity, of the project occurs, or, in the case of
55     any facilities providing additional project capacity, with the fiscal year of the candidate
56     following the fiscal year of the candidate in which the date of commercial operation of the

57     generating unit providing the additional project capacity occurs; and
58          (ii) with respect to any taxing jurisdiction other than a taxing jurisdiction described in
59     Subsection (1)(c)(i), with the fiscal year of the taxing jurisdiction in which construction of the
60     project commences, or, in the case of facilities providing additional project capacity, with the
61     fiscal year of the taxing jurisdiction in which construction of those facilities commences.
62          (d) The requirement to pay an annual fee shall continue for the period of the useful life
63     of the project or facilities.
64          (2) (a) The annual fees due a school district shall be as provided in Subsection (2)(b)
65     because the ad valorem property tax imposed by a school district and authorized by the
66     Legislature represents both:
67          (i) a levy mandated by the state for the state minimum school program under Section
68     53A-17a-135; and
69          (ii) local levies for capital outlay and other purposes under Sections 53A-16-113,
70     53A-17a-133, and 53A-17a-164.
71          (b) The annual fees due a school district shall be as follows:
72          (i) the project entity shall pay to the school district an annual fee for the state minimum
73     school program at the rate imposed by the school district and authorized by the Legislature
74     under [Subsection] Section 53A-17a-135[(1)]; and
75          (ii) for all other local property tax levies authorized to be imposed by a school district,
76     the project entity shall pay to the school district either:
77          (A) an annual fee; or
78          (B) impact alleviation payments under contracts or determination orders provided for
79     in Sections 11-13-305 and 11-13-306.
80          (3) (a) An annual fee due a taxing jurisdiction for a particular year shall be calculated
81     by multiplying the tax rate or rates of the jurisdiction for that year by the product obtained by
82     multiplying the fee base or value determined in accordance with Subsection (4) for that year of
83     the portion of the project located within the jurisdiction by the percentage of the project which
84     is used to produce the capacity, service, or other benefit sold to the energy supplier or suppliers.
85          (b) As used in this section, "tax rate," when applied in respect to a school district,
86     includes any assessment to be made by the school district under Subsection (2) or Section
87     63M-5-302.

88          (c) There is to be credited against the annual fee due a taxing jurisdiction for each year,
89     an amount equal to the debt service, if any, payable in that year by the project entity on bonds,
90     the proceeds of which were used to provide public facilities and services for impact alleviation
91     in the taxing jurisdiction in accordance with Sections 11-13-305 and 11-13-306.
92          (d) The tax rate for the taxing jurisdiction for that year shall be computed so as to:
93          (i) take into account the fee base or value of the percentage of the project located
94     within the taxing jurisdiction determined in accordance with Subsection (4) used to produce the
95     capacity, service, or other benefit sold to the supplier or suppliers; and
96          (ii) reflect any credit to be given in that year.
97          (4) (a) Except as otherwise provided in this section, the annual fees required by this
98     section shall be paid, collected, and distributed to the taxing jurisdiction as if:
99          (i) the annual fees were ad valorem property taxes; and
100          (ii) the project were assessed at the same rate and upon the same measure of value as
101     taxable property in the state.
102          (b) (i) Notwithstanding Subsection (4)(a), for purposes of an annual fee required by
103     this section, the fee base of a project may be determined in accordance with an agreement
104     among:
105          (A) the project entity; and
106          (B) any county that:
107          (I) is due an annual fee from the project entity; and
108          (II) agrees to have the fee base of the project determined in accordance with the
109     agreement described in this Subsection (4).
110          (ii) The agreement described in Subsection (4)(b)(i):
111          (A) shall specify each year for which the fee base determined by the agreement shall be
112     used for purposes of an annual fee; and
113          (B) may not modify any provision of this chapter except the method by which the fee
114     base of a project is determined for purposes of an annual fee.
115          (iii) For purposes of an annual fee imposed by a taxing jurisdiction within a county
116     described in Subsection (4)(b)(i)(B), the fee base determined by the agreement described in
117     Subsection (4)(b)(i) shall be used for purposes of an annual fee imposed by that taxing
118     jurisdiction.

119          (iv) (A) If there is not agreement as to the fee base of a portion of a project for any
120     year, for purposes of an annual fee, the State Tax Commission shall determine the value of that
121     portion of the project for which there is not an agreement:
122          (I) for that year; and
123          (II) using the same measure of value as is used for taxable property in the state.
124          (B) The valuation required by Subsection (4)(b)(iv)(A) shall be made by the State Tax
125     Commission in accordance with rules made by the State Tax Commission.
126          (c) Payments of the annual fees shall be made from:
127          (i) the proceeds of bonds issued for the project; and
128          (ii) revenues derived by the project entity from the project.
129          (d) (i) The contracts of the project entity with the purchasers of the capacity, service, or
130     other benefits of the project whose tangible property is not exempted by Utah Constitution
131     Article XIII, Section 3, from the payment of ad valorem property tax shall require each
132     purchaser, whether or not located in the state, to pay, to the extent not otherwise provided for,
133     its share, determined in accordance with the terms of the contract, of these fees.
134          (ii) It is the responsibility of the project entity to enforce the obligations of the
135     purchasers.
136          (5) (a) The responsibility of the project entity to make payment of the annual fees is
137     limited to the extent that there is legally available to the project entity, from bond proceeds or
138     revenues, money to make these payments, and the obligation to make payments of the annual
139     fees is not otherwise a general obligation or liability of the project entity.
140          (b) No tax lien may attach upon any property or money of the project entity by virtue of
141     any failure to pay all or any part of an annual fee.
142          (c) The project entity or any purchaser may contest the validity of an annual fee to the
143     same extent as if the payment was a payment of the ad valorem property tax itself.
144          (d) The payments of an annual fee shall be reduced to the extent that any contest is
145     successful.
146          (6) (a) The annual fee described in Subsection (1):
147          (i) shall be paid by a public agency that:
148          (A) is not a project entity; and
149          (B) owns an interest in a facility providing additional project capacity if the interest is

150     otherwise exempt from taxation pursuant to Utah Constitution, Article XIII, Section 3; and
151          (ii) for a public agency described in Subsection (6)(a)(i), shall be calculated in
152     accordance with Subsection (6)(b).
153          (b) The annual fee required under Subsection (6)(a) shall be an amount equal to the tax
154     rate or rates of the applicable taxing jurisdiction multiplied by the product of the following:
155          (i) the fee base or value of the facility providing additional project capacity located
156     within the jurisdiction;
157          (ii) the percentage of the ownership interest of the public agency in the facility; and
158          (iii) the portion, expressed as a percentage, of the public agency's ownership interest
159     that is attributable to the capacity, service, or other benefit from the facility that is sold by the
160     public agency to an energy supplier or suppliers whose tangible property is not exempted by
161     Utah Constitution, Article XIII, Section 3, from the payment of ad valorem property tax.
162          (c) A public agency paying the annual fee pursuant to Subsection (6)(a) shall have the
163     obligations, credits, rights, and protections set forth in Subsections (1) through (5) with respect
164     to its ownership interest as though it were a project entity.
165          Section 2. Section 53A-17a-103 is amended to read:
166          53A-17a-103. Definitions.
167          As used in this chapter:
168          (1) "Basic state-supported school program" or "basic program" means public education
169     programs for kindergarten, elementary, and secondary school students that are operated and
170     maintained for the amount derived by multiplying the number of weighted pupil units for each
171     school district or charter school by the value established each year in statute, except as
172     otherwise provided in this chapter.
173          (2) (a) "Certified revenue levy" means a property tax levy that provides an amount of
174     ad valorem property tax revenue equal to the sum of:
175          (i) the amount of ad valorem property tax revenue to be generated statewide in the
176     previous year from imposing a minimum basic tax rate, as specified in [Subsection] Section
177     53A-17a-135[(1)(a)]; and
178          (ii) the product of:
179          (A) new growth, as defined in:
180          (I) Section 59-2-924; and

181          (II) rules of the State Tax Commission; and
182          (B) the minimum basic tax rate certified by the State Tax Commission for the previous
183     year.
184          (b) For purposes of this Subsection (2), "ad valorem property tax revenue" does not
185     include property tax revenue received statewide from personal property that is:
186          (i) assessed by a county assessor in accordance with Title 59, Chapter 2, Part 3, County
187     Assessment; and
188          (ii) semiconductor manufacturing equipment.
189          (c) For purposes of calculating the certified revenue levy described in this Subsection
190     (2), the State Tax Commission shall use:
191          (i) the taxable value of real property assessed by a county assessor contained on the
192     assessment roll;
193          (ii) the taxable value of real and personal property assessed by the State Tax
194     Commission; and
195          (iii) the taxable year end value of personal property assessed by a county assessor
196     contained on the prior year's assessment roll.
197          (3) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
198          (4) (a) "State-supported minimum school program" or "Minimum School Program"
199     means public school programs for kindergarten, elementary, and secondary schools as
200     described in this Subsection (4).
201          (b) The minimum school program established in school districts and charter schools
202     shall include the equivalent of a school term of nine months as determined by the State Board
203     of Education.
204          (c) (i) The board shall establish the number of days or equivalent instructional hours
205     that school is held for an academic school year.
206          (ii) Education, enhanced by utilization of technologically enriched delivery systems,
207     when approved by local school boards or charter school governing boards, shall receive full
208     support by the State Board of Education as it pertains to fulfilling the attendance requirements,
209     excluding time spent viewing commercial advertising.
210          (d) (i) A local school board or charter school governing board may reallocate up to 32
211     instructional hours or 4 school days established under Subsection (4)(c) for teacher preparation

212     time or teacher professional development.
213          (ii) A reallocation of instructional hours or school days under Subsection (4)(d)(i) is
214     subject to the approval of two-thirds of the members of a local school board or charter school
215     governing board voting in a regularly scheduled meeting:
216          (A) at which a quorum of the local school board or charter school governing board is
217     present; and
218          (B) held in compliance with Title 52, Chapter 4, Open and Public Meetings Act.
219          (iii) If a local school board or charter school governing board reallocates instructional
220     hours or school days as provided by this Subsection (4)(d), the school district or charter school
221     shall notify students' parents and guardians of the school calendar at least 90 days before the
222     beginning of the school year.
223          (iv) Instructional hours or school days reallocated for teacher preparation time or
224     teacher professional development pursuant to this Subsection (4)(d) is considered part of a
225     school term referred to in Subsection (4)(b).
226          (e) The Minimum School Program includes a program or allocation funded by a line
227     item appropriation or other appropriation designated as follows:
228          (i) Basic School Program;
229          (ii) Related to Basic Programs;
230          (iii) Voted and Board Levy Programs; or
231          (iv) Minimum School Program.
232          (5) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
233     factors that is computed in accordance with this chapter for the purpose of determining the
234     costs of a program on a uniform basis for each district.
235          Section 3. Section 53A-17a-133 is amended to read:
236          53A-17a-133. State-supported voted local levy authorized -- Election
237     requirements -- State guarantee -- Reconsideration of the program.
238          (1) As used in this section, "voted and board local levy funding balance" means the
239     difference between:
240          (a) the amount appropriated for the voted and board local levy program in a fiscal year;
241     and
242          (b) the amount necessary to provide the state guarantee per weighted pupil unit as

243     determined under this section and Section 53A-17a-164 in the same fiscal year.
244          (2) An election to consider adoption or modification of a voted local levy is required if
245     initiative petitions signed by 10% of the number of electors who voted at the last preceding
246     general election are presented to the local school board or by action of the board.
247          (3) (a) (i) To impose a voted local levy, a majority of the electors of a district voting at
248     an election in the manner set forth in Subsections (9) and (10) must vote in favor of a special
249     tax.
250          (ii) The tax rate may not exceed .002 per dollar of taxable value.
251          (b) Except as provided in Subsection (3)(c), in order to receive state support the first
252     year, a district must receive voter approval no later than December 1 of the year prior to
253     implementation.
254          (c) Beginning on or after January 1, 2012, a school district may receive state support in
255     accordance with Subsection (4) without complying with the requirements of Subsection (3)(b)
256     if the local school board imposed a tax in accordance with this section during the taxable year
257     beginning on January 1, 2011 and ending on December 31, 2011.
258          (4) (a) In addition to the revenue a school district collects from the imposition of a levy
259     pursuant to this section, the state shall contribute an amount sufficient to guarantee [$27.36]
260     $33.27 per weighted pupil unit for each .0001 of the first .0016 per dollar of taxable value.
261          (b) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar
262     of taxable value under Subsection (4)(a) shall apply to the portion of the board local levy
263     authorized in Section 53A-17a-164, so that the guarantee shall apply up to a total of .002 per
264     dollar of taxable value if a school district levies a tax rate under both programs.
265          (c) (i) Beginning July 1, [2014] 2015, the [$27.36] $33.27 guarantee under Subsections
266     (4)(a) and (b) shall be indexed each year to the value of the weighted pupil unit for the grades 1
267     through 12 program by making the value of the guarantee equal to [.00963] .011194 times the
268     value of the prior year's weighted pupil unit for the grades 1 through 12 program.
269          (ii) The guarantee shall increase by .0005 times the value of the prior year's weighted
270     pupil unit for the grades 1 through 12 program for each succeeding year subject to the
271     Legislature appropriating funds for an increase in the guarantee.
272          (d) (i) The amount of state guarantee money to which a school district would otherwise
273     be entitled to receive under this Subsection (4) may not be reduced for the sole reason that the

274     district's levy is reduced as a consequence of changes in the certified tax rate under Section
275     59-2-924 pursuant to changes in property valuation.
276          (ii) Subsection (4)(d)(i) applies for a period of five years following any such change in
277     the certified tax rate.
278          (e) The guarantee provided under this section does not apply to the portion of a voted
279     local levy rate that exceeds the voted local levy rate that was in effect for the previous fiscal
280     year, unless an increase in the voted local levy rate was authorized in an election conducted on
281     or after July 1 of the previous fiscal year and before December 2 of the previous fiscal year.
282          (f) (i) If a voted and board local levy funding balance exists for the prior fiscal year, the
283     State Board of Education shall:
284          (A) use the voted and board local levy funding balance to increase the value of the state
285     guarantee per weighted pupil unit described in Subsection (4)(c) in the current fiscal year; and
286          (B) distribute the state contribution to the voted and board local levy programs to
287     school districts based on the increased value of the state guarantee per weighted pupil unit
288     described in Subsection (4)(f)(i)(A).
289          (ii) The State Board of Education shall report action taken under this Subsection (4)(f)
290     to the Office of the Legislative Fiscal Analyst and the Governor's Office of Planning and
291     Budget.
292          (5) (a) An election to modify an existing voted local levy is not a reconsideration of the
293     existing authority unless the proposition submitted to the electors expressly so states.
294          (b) A majority vote opposing a modification does not deprive the district of authority to
295     continue the levy.
296          (c) If adoption of a voted local levy is contingent upon an offset reducing other local
297     school board levies, the board must allow the electors, in an election, to consider modifying or
298     discontinuing the imposition of the levy prior to a subsequent increase in other levies that
299     would increase the total local school board levy.
300          (d) Nothing contained in this section terminates, without an election, the authority of a
301     school district to continue imposing an existing voted local levy previously authorized by the
302     voters as a voted leeway program.
303          (6) Notwithstanding Section 59-2-919, a school district may budget an increased
304     amount of ad valorem property tax revenue derived from a voted local levy imposed under this

305     section in addition to revenue from new growth as defined in Subsection 59-2-924(4), without
306     having to comply with the notice requirements of Section 59-2-919, if:
307          (a) the voted local levy is approved:
308          (i) in accordance with Subsections (9) and (10) on or after January 1, 2003; and
309          (ii) within the four-year period immediately preceding the year in which the school
310     district seeks to budget an increased amount of ad valorem property tax revenue derived from
311     the voted local levy; and
312          (b) for a voted local levy approved or modified in accordance with this section on or
313     after January 1, 2009, the school district complies with the requirements of Subsection (8).
314          (7) Notwithstanding Section 59-2-919, a school district may levy a tax rate under this
315     section that exceeds the certified tax rate without having to comply with the notice
316     requirements of Section 59-2-919 if:
317          (a) the levy exceeds the certified tax rate as the result of a school district budgeting an
318     increased amount of ad valorem property tax revenue derived from a voted local levy imposed
319     under this section;
320          (b) the voted local levy was approved:
321          (i) in accordance with Subsections (9) and (10) on or after January 1, 2003; and
322          (ii) within the four-year period immediately preceding the year in which the school
323     district seeks to budget an increased amount of ad valorem property tax revenue derived from
324     the voted local levy; and
325          (c) for a voted local levy approved or modified in accordance with this section on or
326     after January 1, 2009, the school district complies with requirements of Subsection (8).
327          (8) For purposes of Subsection (6)(b) or (7)(c), the proposition submitted to the
328     electors regarding the adoption or modification of a voted local levy shall contain the following
329     statement:
330          "A vote in favor of this tax means that (name of the school district) may increase
331     revenue from this property tax without advertising the increase for the next five years."
332          (9) (a) Before imposing a property tax levy pursuant to this section, a school district
333     shall submit an opinion question to the school district's registered voters voting on the
334     imposition of the tax rate so that each registered voter has the opportunity to express the
335     registered voter's opinion on whether the tax rate should be imposed.

336          (b) The election required by this Subsection (9) shall be held:
337          (i) at a regular general election conducted in accordance with the procedures and
338     requirements of Title 20A, Election Code, governing regular elections;
339          (ii) at a municipal general election conducted in accordance with the procedures and
340     requirements of Section 20A-1-202; or
341          (iii) at a local special election conducted in accordance with the procedures and
342     requirements of Section 20A-1-203.
343          (c) Notwithstanding the requirements of Subsections (9)(a) and (b), beginning on or
344     after January 1, 2012, a school district may levy a tax rate in accordance with this section
345     without complying with the requirements of Subsections (9)(a) and (b) if the school district
346     imposed a tax in accordance with this section at any time during the taxable year beginning on
347     January 1, 2011, and ending on December 31, 2011.
348          (10) If a school district determines that a majority of the school district's registered
349     voters voting on the imposition of the tax rate have voted in favor of the imposition of the tax
350     rate in accordance with Subsection (9), the school district may impose the tax rate.
351          Section 4. Section 53A-17a-135 is amended to read:
352          53A-17a-135. Minimum basic tax rate -- Certified revenue levy.
353          (1) As used in this section, "basic levy increment rate" means a tax rate that will
354     generate an amount of revenue equal to $75,000,000.
355          [(1)] (2) (a) In order to qualify for receipt of the state contribution toward the basic
356     program and as its contribution toward its costs of the basic program, each school district shall
357     impose a minimum basic tax rate per dollar of taxable value that generates [$296,709,700]
358     $380,172,300 in revenues statewide.
359          (b) The preliminary estimate for the [2014-15] 2015-16 minimum basic tax rate is
360     [.001477] .001764.
361          (c) The State Tax Commission shall certify on or before June 22 the rate that generates
362     [$296,709,700] $380,172,300 in revenues statewide.
363          (d) [If] For the calendar year beginning on January 1, 2016, if the minimum basic tax
364     rate exceeds the certified revenue levy as defined in Section 53A-17a-103, the state is subject
365     to the notice requirements of Section 59-2-926.
366          [(2)] (3) (a) The state shall contribute to each district toward the cost of the basic

367     program in the district that portion which exceeds the proceeds of [the levy authorized under
368     Subsection (1).] the difference between:
369          (i) the minimum basic tax rate to be imposed under Subsection (2); and
370          (ii) the basic levy increment rate.
371          (b) In [accord] accordance with the state strategic plan for public education and to
372     fulfill its responsibility for the development and implementation of that plan, the Legislature
373     instructs the State Board of Education, the governor, and the Office of Legislative Fiscal
374     Analyst in each of the coming five years to develop budgets that will fully fund student
375     enrollment growth.
376          [(3)] (4) (a) If the [proceeds of the levy authorized under Subsection (1) equal or
377     exceed] difference described in Subsection (3)(a) equals or exceeds the cost of the basic
378     program in a school district, no state contribution shall be made to the basic program.
379          (b) The proceeds of the [levy authorized under Subsection (1) which] difference
380     described in Subsection (3)(a) that exceed the cost of the basic program shall be paid into the
381     Uniform School Fund as provided by law.
382          (5) The State Board of Education shall:
383          (a) deduct from state funds that a school district is authorized to receive under this
384     chapter an amount equal to the proceeds generated within the school district by the basic levy
385     increment rate; and
386          (b) deposit the money described in Subsection (5)(a) into the Minimum Basic Growth
387     Account created in Section 53A-17a-135.1.
388          Section 5. Section 53A-17a-135.1 is enacted to read:
389          53A-17a-135.1. Minimum Basic Growth Account.
390          (1) As used in this section, "account" means the Minimum Basic Growth Account
391     created in this section.
392          (2) There is created within the Education Fund a restricted account known as the
393     "Minimum Basic Growth Account."
394          (3) The account shall be funded by amounts deposited into the account in accordance
395     with Section 53A-17a-135.
396          (4) The account shall earn interest.
397          (5) Interest earned on the account shall be deposited into the account.

398          (6) Upon appropriation by the Legislature:
399          (a) 75% of the money from the account shall be used to fund the state's contribution to
400     the voted levy guarantee described in Subsection 53A-17a-133(4);
401          (b) 20% of the money from the account shall be used to fund the Capital Outlay
402     Foundation Program as provided in Title 53A, Chapter 21, Part 2, Capital Outlay Foundation
403     Program; and
404          (c) 5% of the money from the account shall be used to fund the Capital Outlay
405     Enrollment Growth Program as provided in Title 53A, Chapter 21, Part 3, Capital Outlay
406     Enrollment Growth Program.
407          Section 6. Section 59-2-102 is amended to read:
408          59-2-102. Definitions.
409          As used in this chapter and title:
410          (1) "Aerial applicator" means aircraft or rotorcraft used exclusively for the purpose of
411     engaging in dispensing activities directly affecting agriculture or horticulture with an
412     airworthiness certificate from the Federal Aviation Administration certifying the aircraft or
413     rotorcraft's use for agricultural and pest control purposes.
414          (2) "Air charter service" means an air carrier operation which requires the customer to
415     hire an entire aircraft rather than book passage in whatever capacity is available on a scheduled
416     trip.
417          (3) "Air contract service" means an air carrier operation available only to customers
418     who engage the services of the carrier through a contractual agreement and excess capacity on
419     any trip and is not available to the public at large.
420          (4) "Aircraft" is as defined in Section 72-10-102.
421          (5) (a) Except as provided in Subsection (5)(b), "airline" means an air carrier that:
422          (i) operates:
423          (A) on an interstate route; and
424          (B) on a scheduled basis; and
425          (ii) offers to fly one or more passengers or cargo on the basis of available capacity on a
426     regularly scheduled route.
427          (b) "Airline" does not include an:
428          (i) air charter service; or

429          (ii) air contract service.
430          (6) "Assessment roll" means a permanent record of the assessment of property as
431     assessed by the county assessor and the commission and may be maintained manually or as a
432     computerized file as a consolidated record or as multiple records by type, classification, or
433     categories.
434          (7) (a) "Certified revenue levy" means a property tax levy that provides an amount of
435     ad valorem property tax revenue equal to the sum of:
436          (i) the amount of ad valorem property tax revenue to be generated statewide in the
437     previous year from imposing a school minimum basic tax rate, as specified in [Subsection]
438     Section 53A-17a-135[(1)(a)], or multicounty assessing and collecting levy, as specified in
439     Section 59-2-1602; and
440          (ii) the product of:
441          (A) new growth, as defined in:
442          (I) Section 59-2-924; and
443          (II) rules of the commission; and
444          (B) the school minimum basic tax rate or multicounty assessing and collecting levy
445     certified by the commission for the previous year.
446          (b) For purposes of this Subsection (7), "ad valorem property tax revenue" does not
447     include property tax revenue received by a taxing entity from personal property that is:
448          (i) assessed by a county assessor in accordance with Part 3, County Assessment; and
449          (ii) semiconductor manufacturing equipment.
450          (c) For purposes of calculating the certified revenue levy described in this Subsection
451     (7), the commission shall use:
452          (i) the taxable value of real property assessed by a county assessor contained on the
453     assessment roll;
454          (ii) the taxable value of real and personal property assessed by the commission; and
455          (iii) the taxable year end value of personal property assessed by a county assessor
456     contained on the prior year's assessment roll.
457          (8) "County-assessed commercial vehicle" means:
458          (a) any commercial vehicle, trailer, or semitrailer which is not apportioned under
459     Section 41-1a-301 and is not operated interstate to transport the vehicle owner's goods or

460     property in furtherance of the owner's commercial enterprise;
461          (b) any passenger vehicle owned by a business and used by its employees for
462     transportation as a company car or vanpool vehicle; and
463          (c) vehicles that are:
464          (i) especially constructed for towing or wrecking, and that are not otherwise used to
465     transport goods, merchandise, or people for compensation;
466          (ii) used or licensed as taxicabs or limousines;
467          (iii) used as rental passenger cars, travel trailers, or motor homes;
468          (iv) used or licensed in this state for use as ambulances or hearses;
469          (v) especially designed and used for garbage and rubbish collection; or
470          (vi) used exclusively to transport students or their instructors to or from any private,
471     public, or religious school or school activities.
472          (9) (a) Except as provided in Subsection (9)(b), for purposes of Section 59-2-801,
473     "designated tax area" means a tax area created by the overlapping boundaries of only the
474     following taxing entities:
475          (i) a county; and
476          (ii) a school district.
477          (b) Notwithstanding Subsection (9)(a), "designated tax area" includes a tax area created
478     by the overlapping boundaries of:
479          (i) the taxing entities described in Subsection (9)(a); and
480          (ii) (A) a city or town if the boundaries of the school district under Subsection (9)(a)
481     and the boundaries of the city or town are identical; or
482          (B) a special service district if the boundaries of the school district under Subsection
483     (9)(a) are located entirely within the special service district.
484          (10) "Eligible judgment" means a final and unappealable judgment or order under
485     Section 59-2-1330:
486          (a) that became a final and unappealable judgment or order no more than 14 months
487     prior to the day on which the notice required by Section 59-2-919.1 is required to be mailed;
488     and
489          (b) for which a taxing entity's share of the final and unappealable judgment or order is
490     greater than or equal to the lesser of:

491          (i) $5,000; or
492          (ii) 2.5% of the total ad valorem property taxes collected by the taxing entity in the
493     previous fiscal year.
494          (11) (a) "Escaped property" means any property, whether personal, land, or any
495     improvements to the property, subject to taxation and is:
496          (i) inadvertently omitted from the tax rolls, assigned to the incorrect parcel, or assessed
497     to the wrong taxpayer by the assessing authority;
498          (ii) undervalued or omitted from the tax rolls because of the failure of the taxpayer to
499     comply with the reporting requirements of this chapter; or
500          (iii) undervalued because of errors made by the assessing authority based upon
501     incomplete or erroneous information furnished by the taxpayer.
502          (b) Property that is undervalued because of the use of a different valuation
503     methodology or because of a different application of the same valuation methodology is not
504     "escaped property."
505          (12) "Fair market value" means the amount at which property would change hands
506     between a willing buyer and a willing seller, neither being under any compulsion to buy or sell
507     and both having reasonable knowledge of the relevant facts. For purposes of taxation, "fair
508     market value" shall be determined using the current zoning laws applicable to the property in
509     question, except in cases where there is a reasonable probability of a change in the zoning laws
510     affecting that property in the tax year in question and the change would have an appreciable
511     influence upon the value.
512          (13) "Farm machinery and equipment," for purposes of the exemption provided under
513     Section 59-2-1101, means tractors, milking equipment and storage and cooling facilities, feed
514     handling equipment, irrigation equipment, harvesters, choppers, grain drills and planters, tillage
515     tools, scales, combines, spreaders, sprayers, haying equipment, including balers and cubers,
516     and any other machinery or equipment used primarily for agricultural purposes; but does not
517     include vehicles required to be registered with the Motor Vehicle Division or vehicles or other
518     equipment used for business purposes other than farming.
519          (14) "Geothermal fluid" means water in any form at temperatures greater than 120
520     degrees centigrade naturally present in a geothermal system.
521          (15) "Geothermal resource" means:

522          (a) the natural heat of the earth at temperatures greater than 120 degrees centigrade;
523     and
524          (b) the energy, in whatever form, including pressure, present in, resulting from, created
525     by, or which may be extracted from that natural heat, directly or through a material medium.
526          (16) (a) "Goodwill" means:
527          (i) acquired goodwill that is reported as goodwill on the books and records:
528          (A) of a taxpayer; and
529          (B) that are maintained for financial reporting purposes; or
530          (ii) the ability of a business to:
531          (A) generate income:
532          (I) that exceeds a normal rate of return on assets; and
533          (II) resulting from a factor described in Subsection (16)(b); or
534          (B) obtain an economic or competitive advantage resulting from a factor described in
535     Subsection (16)(b).
536          (b) The following factors apply to Subsection (16)(a)(ii):
537          (i) superior management skills;
538          (ii) reputation;
539          (iii) customer relationships;
540          (iv) patronage; or
541          (v) a factor similar to Subsections (16)(b)(i) through (iv).
542          (c) "Goodwill" does not include:
543          (i) the intangible property described in Subsection (20)(a) or (b);
544          (ii) locational attributes of real property, including:
545          (A) zoning;
546          (B) location;
547          (C) view;
548          (D) a geographic feature;
549          (E) an easement;
550          (F) a covenant;
551          (G) proximity to raw materials;
552          (H) the condition of surrounding property; or

553          (I) proximity to markets;
554          (iii) value attributable to the identification of an improvement to real property,
555     including:
556          (A) reputation of the designer, builder, or architect of the improvement;
557          (B) a name given to, or associated with, the improvement; or
558          (C) the historic significance of an improvement; or
559          (iv) the enhancement or assemblage value specifically attributable to the interrelation
560     of the existing tangible property in place working together as a unit.
561          (17) "Governing body" means:
562          (a) for a county, city, or town, the legislative body of the county, city, or town;
563          (b) for a local district under Title 17B, Limited Purpose Local Government Entities -
564     Local Districts, the local district's board of trustees;
565          (c) for a school district, the local board of education; or
566          (d) for a special service district under Title 17D, Chapter 1, Special Service District
567     Act:
568          (i) the legislative body of the county or municipality that created the special service
569     district, to the extent that the county or municipal legislative body has not delegated authority
570     to an administrative control board established under Section 17D-1-301; or
571          (ii) the administrative control board, to the extent that the county or municipal
572     legislative body has delegated authority to an administrative control board established under
573     Section 17D-1-301.
574          (18) (a) For purposes of Section 59-2-103:
575          (i) "household" means the association of persons who live in the same dwelling,
576     sharing its furnishings, facilities, accommodations, and expenses; and
577          (ii) "household" includes married individuals, who are not legally separated, that have
578     established domiciles at separate locations within the state.
579          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
580     commission may make rules defining the term "domicile."
581          (19) (a) Except as provided in Subsection (19)(c), "improvement" means a building,
582     structure, fixture, fence, or other item that is permanently attached to land, regardless of
583     whether the title has been acquired to the land, if:

584          (i) (A) attachment to land is essential to the operation or use of the item; and
585          (B) the manner of attachment to land suggests that the item will remain attached to the
586     land in the same place over the useful life of the item; or
587          (ii) removal of the item would:
588          (A) cause substantial damage to the item; or
589          (B) require substantial alteration or repair of a structure to which the item is attached.
590          (b) "Improvement" includes:
591          (i) an accessory to an item described in Subsection (19)(a) if the accessory is:
592          (A) essential to the operation of the item described in Subsection (19)(a); and
593          (B) installed solely to serve the operation of the item described in Subsection (19)(a);
594     and
595          (ii) an item described in Subsection (19)(a) that:
596          (A) is temporarily detached from the land for repairs; and
597          (B) remains located on the land.
598          (c) Notwithstanding Subsections (19)(a) and (b), "improvement" does not include:
599          (i) an item considered to be personal property pursuant to rules made in accordance
600     with Section 59-2-107;
601          (ii) a moveable item that is attached to land:
602          (A) for stability only; or
603          (B) for an obvious temporary purpose;
604          (iii) (A) manufacturing equipment and machinery; or
605          (B) essential accessories to manufacturing equipment and machinery;
606          (iv) an item attached to the land in a manner that facilitates removal without substantial
607     damage to:
608          (A) the land; or
609          (B) the item; or
610          (v) a transportable factory-built housing unit as defined in Section 59-2-1502 if that
611     transportable factory-built housing unit is considered to be personal property under Section
612     59-2-1503.
613          (20) "Intangible property" means:
614          (a) property that is capable of private ownership separate from tangible property,

615     including:
616          (i) money;
617          (ii) credits;
618          (iii) bonds;
619          (iv) stocks;
620          (v) representative property;
621          (vi) franchises;
622          (vii) licenses;
623          (viii) trade names;
624          (ix) copyrights; and
625          (x) patents;
626          (b) a low-income housing tax credit;
627          (c) goodwill; or
628          (d) a renewable energy tax credit or incentive, including:
629          (i) a federal renewable energy production tax credit under Section 45, Internal Revenue
630     Code;
631          (ii) a federal energy credit for qualified renewable electricity production facilities under
632     Section 48, Internal Revenue Code;
633          (iii) a federal grant for a renewable energy property under American Recovery and
634     Reinvestment Act of 2009, Pub. L. No. 111-5, Section 1603; and
635          (iv) a tax credit under Subsection 59-7-614(2)(c).
636          (21) "Livestock" means:
637          (a) a domestic animal;
638          (b) a fur-bearing animal;
639          (c) a honeybee; or
640          (d) poultry.
641          (22) "Low-income housing tax credit" means:
642          (a) a federal low-income housing tax credit under Section 42, Internal Revenue Code;
643     or
644          (b) a low-income housing tax credit under:
645          (i) Section 59-7-607; or

646          (ii) Section 59-10-1010.
647          (23) "Metalliferous minerals" includes gold, silver, copper, lead, zinc, and uranium.
648          (24) "Mine" means a natural deposit of either metalliferous or nonmetalliferous
649     valuable mineral.
650          (25) "Mining" means the process of producing, extracting, leaching, evaporating, or
651     otherwise removing a mineral from a mine.
652          (26) (a) "Mobile flight equipment" means tangible personal property that is:
653          (i) owned or operated by an:
654          (A) air charter service;
655          (B) air contract service; or
656          (C) airline; and
657          (ii) (A) capable of flight;
658          (B) attached to an aircraft that is capable of flight; or
659          (C) contained in an aircraft that is capable of flight if the tangible personal property is
660     intended to be used:
661          (I) during multiple flights;
662          (II) during a takeoff, flight, or landing; and
663          (III) as a service provided by an air charter service, air contract service, or airline.
664          (b) (i) "Mobile flight equipment" does not include a spare part other than a spare
665     engine that is rotated:
666          (A) at regular intervals; and
667          (B) with an engine that is attached to the aircraft.
668          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
669     commission may make rules defining the term "regular intervals."
670          (27) "Nonmetalliferous minerals" includes, but is not limited to, oil, gas, coal, salts,
671     sand, rock, gravel, and all carboniferous materials.
672          (28) "Part-year residential property" means property that is not residential property on
673     January 1 of a calendar year but becomes residential property after January 1 of the calendar
674     year.
675          (29) "Personal property" includes:
676          (a) every class of property as defined in Subsection (30) that is the subject of

677     ownership and not included within the meaning of the terms "real estate" and "improvements";
678          (b) gas and water mains and pipes laid in roads, streets, or alleys;
679          (c) bridges and ferries;
680          (d) livestock; and
681          (e) outdoor advertising structures as defined in Section 72-7-502.
682          (30) (a) "Property" means property that is subject to assessment and taxation according
683     to its value.
684          (b) "Property" does not include intangible property as defined in this section.
685          (31) "Public utility," for purposes of this chapter, means the operating property of a
686     railroad, gas corporation, oil or gas transportation or pipeline company, coal slurry pipeline
687     company, electrical corporation, telephone corporation, sewerage corporation, or heat
688     corporation where the company performs the service for, or delivers the commodity to, the
689     public generally or companies serving the public generally, or in the case of a gas corporation
690     or an electrical corporation, where the gas or electricity is sold or furnished to any member or
691     consumers within the state for domestic, commercial, or industrial use. Public utility also
692     means the operating property of any entity or person defined under Section 54-2-1 except water
693     corporations.
694          (32) (a) Subject to Subsection (32)(b), "qualifying exempt primary residential rental
695     personal property" means household furnishings, furniture, and equipment that:
696          (i) are used exclusively within a dwelling unit that is the primary residence of a tenant;
697          (ii) are owned by the owner of the dwelling unit that is the primary residence of a
698     tenant; and
699          (iii) after applying the residential exemption described in Section 59-2-103, are exempt
700     from taxation under this chapter in accordance with Subsection 59-2-1115(2).
701          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
702     commission may by rule define the term "dwelling unit" for purposes of this Subsection (32)
703     and Subsection (35).
704          (33) "Real estate" or "real property" includes:
705          (a) the possession of, claim to, ownership of, or right to the possession of land;
706          (b) all mines, minerals, and quarries in and under the land, all timber belonging to
707     individuals or corporations growing or being on the lands of this state or the United States, and

708     all rights and privileges appertaining to these; and
709          (c) improvements.
710          (34) "Relationship with an owner of the property's land surface rights" means a
711     relationship described in Subsection 267(b), Internal Revenue Code:
712          (a) except that notwithstanding Subsection 267(b), Internal Revenue Code, the term
713     25% shall be substituted for the term 50% in Subsection 267(b), Internal Revenue Code; and
714          (b) using the ownership rules of Subsection 267(c), Internal Revenue Code, for
715     determining the ownership of stock.
716          (35) (a) Subject to Subsection (35)(b), "residential property," for the purposes of the
717     reductions and adjustments under this chapter, means any property used for residential
718     purposes as a primary residence.
719          (b) Subject to Subsection (35)(c), "residential property":
720          (i) except as provided in Subsection (35)(b)(ii), includes household furnishings,
721     furniture, and equipment if the household furnishings, furniture, and equipment are:
722          (A) used exclusively within a dwelling unit that is the primary residence of a tenant;
723     and
724          (B) owned by the owner of the dwelling unit that is the primary residence of a tenant;
725     and
726          (ii) does not include property used for transient residential use.
727          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
728     commission may by rule define the term "dwelling unit" for purposes of Subsection (32) and
729     this Subsection (35).
730          (36) "Split estate mineral rights owner" means a person who:
731          (a) has a legal right to extract a mineral from property;
732          (b) does not hold more than a 25% interest in:
733          (i) the land surface rights of the property where the wellhead is located; or
734          (ii) an entity with an ownership interest in the land surface rights of the property where
735     the wellhead is located;
736          (c) is not an entity in which the owner of the land surface rights of the property where
737     the wellhead is located holds more than a 25% interest; and
738          (d) does not have a relationship with an owner of the land surface rights of the property

739     where the wellhead is located.
740          (37) (a) "State-assessed commercial vehicle" means:
741          (i) any commercial vehicle, trailer, or semitrailer which operates interstate or intrastate
742     to transport passengers, freight, merchandise, or other property for hire; or
743          (ii) any commercial vehicle, trailer, or semitrailer which operates interstate and
744     transports the vehicle owner's goods or property in furtherance of the owner's commercial
745     enterprise.
746          (b) "State-assessed commercial vehicle" does not include vehicles used for hire which
747     are specified in Subsection (8)(c) as county-assessed commercial vehicles.
748          (38) "Taxable value" means fair market value less any applicable reduction allowed for
749     residential property under Section 59-2-103.
750          (39) "Tax area" means a geographic area created by the overlapping boundaries of one
751     or more taxing entities.
752          (40) "Taxing entity" means any county, city, town, school district, special taxing
753     district, local district under Title 17B, Limited Purpose Local Government Entities - Local
754     Districts, or other political subdivision of the state with the authority to levy a tax on property.
755          (41) "Tax roll" means a permanent record of the taxes charged on property, as extended
756     on the assessment roll and may be maintained on the same record or records as the assessment
757     roll or may be maintained on a separate record properly indexed to the assessment roll. It
758     includes tax books, tax lists, and other similar materials.
759          Section 7. Effective date.
760          This bill takes effect on July 1, 2015
761          Section 8. Coordinating S.B. 97 with S.B. 1 -- Superseding technical and
762     substantive amendments.
763          If this S.B. 97 and S.B. 1, Public Education Base Budget Amendments, both pass and
764     become law, it is the intent of the Legislature that the amendments to Section 53A-17a-135 in
765     this S.B. 97 supersede the amendments to Section 53A-17a-135 in S.B. 1, when the Office of
766     Legislative Research and General Counsel prepares the Utah Code database for publication.