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S.B. 88 Enrolled

    

BUDGETARY PROCESS - REVENUE REPORTING

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Howard A. Stephenson

    Craig L. Taylor
Mike Dmitrich



    AN ACT RELATING TO THE PROPERTY TAX ACT; REQUIRING A COUNTY
    TREASURER TO PROVIDE TO TAXING ENTITIES IN WRITING CERTAIN
    PROPERTY TAX CHARGES, COLLECTIONS, AND DISTRIBUTIONS; MAKING
    TECHNICAL CHANGES; AND PROVIDING AN EFFECTIVE DATE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    REPEALS AND REENACTS:
         59-2-1365, as last amended by Chapter 3, Laws of Utah 1988
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 59-2-1365 is repealed and reenacted to read:
         59-2-1365. Payment to taxing entities by county treasurer -- Investment of proceeds
     -- Transfer and receipt of money between taxing entities.
        (1) Except as provided in Subsections (3) and (4), the county treasurer shall pay to the
    treasurer of each taxing entity in the county on or before the tenth day of each month:
        (a) all moneys that the county treasurer received during the preceding month that are due
    to the taxing entity; and
        (b) each taxing entity's proportionate share of moneys the county treasurer received
    during the preceding month for:
        (i) delinquent taxes;
        (ii) interest;
        (iii) penalties; and
        (iv) costs on all tax sales and redemptions.
        (2) Except as provided in Subsections (3) and (4), the county treasurer shall:
        (a) adopt an appropriate procedure to account for the transfer and receipt of moneys
    between taxing entities;


        (b) make a final annual settlement on March 31 with each taxing entity, including providing
    the taxing entity a written statement for the most recent calendar year of the amount of:
        (i) total taxes charged;
        (ii) current taxes collected;
        (iii) treasurer's relief;
        (iv) redemptions;
        (v) penalties;
        (vi) interest;
        (vii) in lieu fee collections on motor vehicles; and
        (viii) miscellaneous collections;
        (c) invest the moneys it receives under Subsection (1); and
        (d) pay annually to each taxing entity in the county the interest earned on the invested
    moneys under Subsection (2)(c):
        (i) on or before March 31; and
        (ii) apportioned according to the proportion that the taxing entity's tax receipts bear to the
    total tax receipts received by the county treasurer.
        (3) Notwithstanding Subsections (1) and (2), a county may:
        (a) negotiate with a taxing entity a procedure other than the procedure provided in
    Subsection (2)(a) to account for the transfer and receipt of moneys between the county and the
    taxing entity; and
        (b) establish a date other than the tenth day of each month for the county treasurer to make
    payments required under Subsection (1).
        (4) This section does not invalidate an existing contract between a county and a taxing entity
    relating to the apportionment and payment of moneys or interest.
        Section 2. Effective date.
        This act takes effect on January 1, 1998.

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