S.B. 88

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BUDGETARY PROCESS - REVENUE REPORTING
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Howard A. Stephenson
5 Craig L. Taylor
Mike Dmitrich

6 AN ACT RELATING TO THE PROPERTY TAX ACT; REQUIRING A COUNTY
7 TREASURER TO PROVIDE TO TAXING ENTITIES IN WRITING CERTAIN PROPERTY
8 TAX CHARGES, COLLECTIONS, AND DISTRIBUTIONS; MAKING TECHNICAL
9 CHANGES; AND PROVIDING AN EFFECTIVE DATE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 REPEALS AND REENACTS:
12 59-2-1365, as last amended by Chapter 3, Laws of Utah 1988
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 59-2-1365 is repealed and reenacted to read:
15 59-2-1365. Payment to taxing entities by county treasurer -- Investment of proceeds
16 -- Transfer and receipt of money between taxing entities.
17 (1) Except as provided in Subsections (3) and (4), the county treasurer shall pay to the
18 treasurer of each taxing entity in the county on or before the tenth day of each month:
19 (a) all moneys that the county treasurer received during the preceding month that are due
20 to the taxing entity; and
21 (b) each taxing entity's proportionate share of moneys the county treasurer received during
22 the preceding month for:
23 (i) delinquent taxes;
24 (ii) interest;
25 (iii) penalties; and
26 (iv) costs on all tax sales and redemptions.
27 (2) Except as provided in Subsections (3) and (4), the county treasurer shall:

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


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Legislative Review Note
as of 11-29-96 11:18 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Revenue and Taxation Interim Committee recommended this bill.

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