First Substitute S.B. 269

Senator John L. Valentine proposes the following substitute bill:

1 PROPERTY TAX REVISIONS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John L. Valentine
5 House Sponsor: Brian M. Greene
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to taxing entity property tax levies.
10 Highlighted Provisions:
11 This bill:
12 . authorizes a taxing entity to levy a property tax that exceeds a maximum levy under
13 certain circumstances; and
14 . makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 59-2-914, as last amended by Laws of Utah 2008, Chapters 61, 231, and 236
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 59-2-914 is amended to read:
25 59-2-914. Excess levies -- Commission to recalculate levy -- Notice to implement

26 adjusted levies to county auditor -- Authority to exceed maximum levy permitted by law.
27 (1) If the commission determines that a levy established for a taxing entity set under
28 Section 59-2-913 is in excess of the maximum levy permitted by law, the commission shall:
29 (a) lower the levy so that it is set at the maximum level permitted by law;
30 (b) notify the taxing entity which set the excessive rate that the rate has been lowered;
31 and
32 (c) notify the county auditor of the county or counties in which the taxing entity is
33 located to implement the rate established by the commission.
34 (2) A levy set for a taxing entity by the commission under this section shall be the
35 official levy for that taxing entity unless:
36 (a) the taxing entity lowers the levy established by the commission; or
37 (b) the levy is subsequently modified by a court order.
38 (3) [(a) Subject to the provisions of Subsections (1) and (2), beginning January 1, 1995,
39 a] Notwithstanding Subsection (1) or (2), a taxing entity may impose a tax rate [in excess of]
40 that exceeds the maximum levy permitted by law if the tax rate [established by] the taxing
41 entity [for the current year generates revenues for the taxing entity in an amount that is less
42 than the revenues that would be generated by the taxing entity under] imposes is at or below
43 the taxing entity's certified tax rate established in Section 59-2-924 .
44 [(b) A taxing entity meeting the requirements of Subsection (3)(a) may impose a tax
45 rate that does not exceed the certified rate established in Section 59-2-924 .]

[Bill Documents]