First Substitute S.B. 180
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7 LONG TITLE
8 General Description:
9 This bill amends the Property Tax Act.
10 Highlighted Provisions:
11 This bill:
12 . amends the tax rate for the multicounty assessing and collecting levy;
13 . amends the allocation of revenue collected from the multicounty assessing and
14 collecting levy;
15 . provides that a county shall increase its county additional property tax rate by an
16 amount sufficient to offset the decrease to the multicounty assessing and collecting
17 levy;
18 . provides for the allocation of money in the Property Tax Valuation Agency Fund;
19 . consolidates additional county property tax administration levies;
20 . amends funding of the Multicounty Appraisal Trust; and
21 . makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill has retrospective operation to January 1, 2014.
26 This bill provides revisor instructions.
27 Utah Code Sections Affected:
28 AMENDS:
29 59-2-911 , as last amended by Laws of Utah 2009, Chapter 204
30 59-2-924 , as last amended by Laws of Utah 2012, Chapter 245
31 59-2-924.2 , as last amended by Laws of Utah 2010, Chapter 279
32 59-2-1601 , as last amended by Laws of Utah 2010, Chapter 131
33 59-2-1602 , as last amended by Laws of Utah 2010, Chapter 131
34 59-2-1603 , as last amended by Laws of Utah 2012, Chapter 240
35 59-2-1605 , as renumbered and amended by Laws of Utah 2008, Chapter 330
36 59-2-1606 , as last amended by Laws of Utah 2010, Chapter 131
37 63H-1-102 , as last amended by Laws of Utah 2013, Chapter 362
38 REPEALS:
39 59-2-1604 , as last amended by Laws of Utah 2009, Chapter 204
40 Utah Code Sections Affected by Revisor Instructions:
41 59-2-924.2 , as last amended by Laws of Utah 2010, Chapter 279
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43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 59-2-911 is amended to read:
45 59-2-911. Exceptions to maximum levy limitation.
46 (1) The maximum levies set forth in Section 59-2-908 do not apply to and do not
47 include:
48 (a) levies made to pay outstanding judgment debts;
49 (b) levies made in any special improvement districts;
50 (c) levies made for extended services in any county service area;
51 (d) levies made for county library services;
52 (e) levies made to be used for storm water, flood, and water quality control;
53 (f) levies made to share disaster recovery expenses for public facilities and structures as
54 a condition of state assistance when a Presidential Declaration has been issued under the
55 Disaster Relief Act of 1974, 42 U.S.C. Sec. 5121;
56 (g) levies made to pay interest and provide for a sinking fund in connection with any
57 bonded or voter authorized indebtedness, including the bonded or voter authorized
58 indebtedness of county service areas, special service districts, and special improvement
59 districts;
60 (h) levies made to fund local health departments;
61 (i) levies made to fund public transit districts;
62 (j) levies made to establish, maintain, and replenish special improvement guaranty
63 funds;
64 (k) levies made in any special service district;
65 (l) levies made to fund municipal-type services to unincorporated areas of counties
66 under Title 17, Chapter 34, Municipal-Type Services to Unincorporated Areas;
67 (m) levies made to fund the purchase of paramedic or ambulance facilities and
68 equipment and to defray administration, personnel, and other costs of providing emergency
69 medical and paramedic services, but this exception only applies to those counties in which a
70 resolution setting forth the intention to make those levies has been duly adopted by the county
71 legislative body and approved by a majority of the voters of the county voting at a special or
72 general election;
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79 (2) (a) Upon the retirement of bonds issued for the development of a convention
80 complex described in Section 17-12-4 , and notwithstanding Section 59-2-908 , any county of
81 the first class may continue to impose a property tax levy equivalent to the average property tax
82 levy previously imposed to pay debt service on those retired bonds.
83 (b) Notwithstanding that the imposition of the levy described in Subsection (2)(a) may
84 not result in an increased amount of ad valorem tax revenue, the levy is subject to the notice
85 requirements of Section 59-2-919 .
86 (c) The revenues from this continued levy shall be used only for the funding of
87 convention facilities as defined in Section 59-12-602 .
88 Section 2. Section 59-2-924 is amended to read:
89 59-2-924. Report of valuation of property to county auditor and commission --
90 Transmittal by auditor to governing bodies -- Certified tax rate -- Calculation of certified
91 tax rate -- Rulemaking authority -- Adoption of tentative budget.
92 (1) Before June 1 of each year, the county assessor of each county shall deliver to the
93 county auditor and the commission the following statements:
94 (a) a statement containing the aggregate valuation of all taxable real property assessed
95 by a county assessor in accordance with Part 3, County Assessment, for each taxing entity; and
96 (b) a statement containing the taxable value of all personal property assessed by a
97 county assessor in accordance with Part 3, County Assessment, from the prior year end values.
98 (2) The county auditor shall, on or before June 8, transmit to the governing body of
99 each taxing entity:
100 (a) the statements described in Subsections (1)(a) and (b);
101 (b) an estimate of the revenue from personal property;
102 (c) the certified tax rate; and
103 (d) all forms necessary to submit a tax levy request.
104 (3) (a) The "certified tax rate" means a tax rate that will provide the same ad valorem
105 property tax revenues for a taxing entity as were budgeted by that taxing entity for the prior
106 year.
107 (b) For purposes of this Subsection (3):
108 (i) "Ad valorem property tax revenues" do not include:
109 (A) interest;
110 (B) penalties; and
111 (C) revenue received by a taxing entity from personal property that is:
112 (I) assessed by a county assessor in accordance with Part 3, County Assessment; and
113 (II) semiconductor manufacturing equipment.
114 (ii) "Aggregate taxable value of all property taxed" means:
115 (A) the aggregate taxable value of all real property assessed by a county assessor in
116 accordance with Part 3, County Assessment, for the current year;
117 (B) the aggregate taxable year end value of all personal property assessed by a county
118 assessor in accordance with Part 3, County Assessment, for the prior year; and
119 (C) the aggregate taxable value of all real and personal property assessed by the
120 commission in accordance with Part 2, Assessment of Property, for the current year.
121 (c) (i) Except as otherwise provided in this section, the certified tax rate shall be
122 calculated by dividing the ad valorem property tax revenues budgeted for the prior year by the
123 taxing entity by the amount calculated under Subsection (3)(c)(ii).
124 (ii) For purposes of Subsection (3)(c)(i), the legislative body of a taxing entity shall
125 calculate an amount as follows:
126 (A) calculate for the taxing entity the difference between:
127 (I) the aggregate taxable value of all property taxed; and
128 (II) any redevelopment adjustments for the current calendar year;
129 (B) after making the calculation required by Subsection (3)(c)(ii)(A), calculate an
130 amount determined by increasing or decreasing the amount calculated under Subsection
131 (3)(c)(ii)(A) by the average of the percentage net change in the value of taxable property for the
132 equalization period for the three calendar years immediately preceding the current calendar
133 year;
134 (C) after making the calculation required by Subsection (3)(c)(ii)(B), calculate the
135 product of:
136 (I) the amount calculated under Subsection (3)(c)(ii)(B); and
137 (II) the percentage of property taxes collected for the five calendar years immediately
138 preceding the current calendar year; and
139 (D) after making the calculation required by Subsection (3)(c)(ii)(C), calculate an
140 amount determined by subtracting from the amount calculated under Subsection (3)(c)(ii)(C)
141 any new growth as defined in this section:
142 (I) within the taxing entity; and
143 (II) for the following calendar year:
144 (Aa) for new growth from real property assessed by a county assessor in accordance
145 with Part 3, County Assessment and all property assessed by the commission in accordance
146 with Section 59-2-201 , the current calendar year; and
147 (Bb) for new growth from personal property assessed by a county assessor in
148 accordance with Part 3, County Assessment, the prior calendar year.
149 (iii) For purposes of Subsection (3)(c)(ii)(A), the aggregate taxable value of all
150 property taxed:
151 (A) except as provided in Subsection (3)(c)(iii)(B) or (3)(c)(ii)(C), is as defined in
152 Subsection (3)(b)(ii);
153 (B) does not include the total taxable value of personal property contained on the tax
154 rolls of the taxing entity that is:
155 (I) assessed by a county assessor in accordance with Part 3, County Assessment; and
156 (II) semiconductor manufacturing equipment; and
157 (C) for personal property assessed by a county assessor in accordance with Part 3,
158 County Assessment, the taxable value of personal property is the year end value of the personal
159 property contained on the prior year's tax rolls of the entity.
160 (iv) For purposes of Subsection (3)(c)(ii)(B), for calendar years beginning on or after
161 January 1, 2007, the value of taxable property does not include the value of personal property
162 that is:
163 (A) within the taxing entity assessed by a county assessor in accordance with Part 3,
164 County Assessment; and
165 (B) semiconductor manufacturing equipment.
166 (v) For purposes of Subsection (3)(c)(ii)(C)(II), for calendar years beginning on or after
167 January 1, 2007, the percentage of property taxes collected does not include property taxes
168 collected from personal property that is:
169 (A) within the taxing entity assessed by a county assessor in accordance with Part 3,
170 County Assessment; and
171 (B) semiconductor manufacturing equipment.
172 (vi) For purposes of Subsection (3)(c)(ii)(B), for calendar years beginning on or after
173 January 1, 2009, the value of taxable property does not include the value of personal property
174 that is within the taxing entity assessed by a county assessor in accordance with Part 3, County
175 Assessment.
176 (vii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
177 the commission may prescribe rules for calculating redevelopment adjustments for a calendar
178 year.
179 (viii) (A) Except as provided in Subsections (3)(c)(ix) and (x), for purposes of
180 Subsection (3)(c)(i), a taxing entity's ad valorem property tax revenues budgeted for the prior
181 year shall be decreased by an amount of revenue equal to the five-year average of the most
182 recent prior five years of redemptions adjusted by the five-year average redemption calculated
183 for the prior year as reported on the county treasurer's final annual settlement required under
184 Subsection 59-2-1365 (2).
185 (B) A decrease under Subsection (3)(c)(viii)(A) does not apply to the multicounty
186 assessing and collecting levy authorized in Subsection 59-2-1602 (2)(a), the certified revenue
187 levy, or the minimum basic tax rate established in Section 53A-17a-135 .
188 (ix) As used in Subsection (3)(c)(x):
189 (A) "One-fourth of qualifying redemptions excess amount" means a qualifying
190 redemptions excess amount divided by four.
191 (B) "Qualifying redemptions" means that, for a calendar year, a taxing entity's total
192 amount of redemptions is greater than three times the five-year average of the most recent prior
193 five years of redemptions calculated for the prior year under Subsection (3)(c)(viii)(A).
194 (C) "Qualifying redemptions base amount" means an amount equal to three times the
195 five-year average of the most recent prior five years of redemptions for a taxing entity, as
196 reported on the county treasurer's final annual settlement required under Subsection
197 59-2-1365 (2).
198 (D) "Qualifying redemptions excess amount" means the amount by which a taxing
199 entity's qualifying redemptions for a calendar year exceed the qualifying redemptions base
200 amount for that calendar year.
201 (x) (A) If, for a calendar year, a taxing entity has qualifying redemptions, the
202 redemption amount for purposes of calculating the five-year redemption average required by
203 Subsection (3)(c)(viii)(A) is as provided in Subsections (3)(c)(x)(B) and (C).
204 (B) For the initial calendar year a taxing entity has qualifying redemptions, the taxing
205 entity's redemption amount for that calendar year is the qualifying redemptions base amount.
206 (C) For each of the four calendar years after the calendar year described in Subsection
207 (3)(c)(x)(B), one-fourth of the qualifying redemptions excess amount shall be added to the
208 redemption amount.
209 (d) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
210 the commission shall make rules determining the calculation of ad valorem property tax
211 revenues budgeted by a taxing entity.
212 (ii) For purposes of Subsection (3)(d)(i), ad valorem property tax revenues budgeted by
213 a taxing entity shall be calculated in the same manner as budgeted property tax revenues are
214 calculated for purposes of Section 59-2-913 .
215 (e) The certified tax rates for the taxing entities described in this Subsection (3)(e) shall
216 be calculated as follows:
217 (i) except as provided in Subsection (3)(e)(ii), for new taxing entities the certified tax
218 rate is zero;
219 (ii) for each municipality incorporated on or after July 1, 1996, the certified tax rate is:
220 (A) in a county of the first, second, or third class, the levy imposed for municipal-type
221 services under Sections 17-34-1 and 17-36-9 ; and
222 (B) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
223 purposes and such other levies imposed solely for the municipal-type services identified in
224 Section 17-34-1 and Subsection 17-36-3 (22); and
225 (iii) for debt service voted on by the public, the certified tax rate shall be the actual
226 levy imposed by that section, except that the certified tax rates for the following levies shall be
227 calculated in accordance with Section 59-2-913 and this section:
228 (A) school levies provided for under Sections 53A-16-113 , 53A-17a-133 , and
229 53A-17a-164 ; and
230 (B) levies to pay for the costs of state legislative mandates or judicial or administrative
231 orders under Section [
232 (f) (i) A judgment levy imposed under Section 59-2-1328 or 59-2-1330 shall be
233 established at that rate which is sufficient to generate only the revenue required to satisfy one
234 or more eligible judgments, as defined in Section 59-2-102 .
235 (ii) The ad valorem property tax revenue generated by the judgment levy shall not be
236 considered in establishing the taxing entity's aggregate certified tax rate.
237 (g) The ad valorem property tax revenue generated by the capital local levy described
238 in Section 53A-16-113 within a taxing entity in a county of the first class:
239 (i) may not be considered in establishing the school district's aggregate certified tax
240 rate; and
241 (ii) shall be included by the commission in establishing a certified tax rate for that
242 capital outlay levy determined in accordance with the calculation described in Subsection
243 59-2-913 (3).
244 (4) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
245 (i) the taxable value of real property assessed by a county assessor contained on the
246 assessment roll;
247 (ii) the taxable value of real and personal property assessed by the commission; and
248 (iii) the taxable year end value of personal property assessed by a county assessor
249 contained on the prior year's assessment roll.
250 (b) For purposes of Subsection (4)(a)(i), the taxable value of real property on the
251 assessment roll does not include new growth as defined in Subsection (4)(c).
252 (c) "New growth" means:
253 (i) the difference between the increase in taxable value of the following property of the
254 taxing entity from the previous calendar year to the current year:
255 (A) real property assessed by a county assessor in accordance with Part 3, County
256 Assessment; and
257 (B) property assessed by the commission under Section 59-2-201 ; plus
258 (ii) the difference between the increase in taxable year end value of personal property
259 of the taxing entity from the year prior to the previous calendar year to the previous calendar
260 year; minus
261 (iii) the amount of an increase in taxable value described in Subsection (4)(e).
262 (d) For purposes of Subsection (4)(c)(ii), the taxable value of personal property of the
263 taxing entity does not include the taxable value of personal property that is:
264 (i) contained on the tax rolls of the taxing entity if that property is assessed by a county
265 assessor in accordance with Part 3, County Assessment; and
266 (ii) semiconductor manufacturing equipment.
267 (e) Subsection (4)(c)(iii) applies to the following increases in taxable value:
268 (i) the amount of increase to locally assessed real property taxable values resulting
269 from factoring, reappraisal, or any other adjustments; or
270 (ii) the amount of an increase in the taxable value of property assessed by the
271 commission under Section 59-2-201 resulting from a change in the method of apportioning the
272 taxable value prescribed by:
273 (A) the Legislature;
274 (B) a court;
275 (C) the commission in an administrative rule; or
276 (D) the commission in an administrative order.
277 (f) For purposes of Subsection (4)(a)(ii), the taxable year end value of personal
278 property on the prior year's assessment roll does not include:
279 (i) new growth as defined in Subsection (4)(c); or
280 (ii) the total taxable year end value of personal property contained on the prior year's
281 tax rolls of the taxing entity that is:
282 (A) assessed by a county assessor in accordance with Part 3, County Assessment; and
283 (B) semiconductor manufacturing equipment.
284 (5) (a) On or before June 22, each taxing entity shall annually adopt a tentative budget.
285 (b) If the taxing entity intends to exceed the certified tax rate, it shall notify the county
286 auditor of:
287 (i) its intent to exceed the certified tax rate; and
288 (ii) the amount by which it proposes to exceed the certified tax rate.
289 (c) The county auditor shall notify property owners of any intent to levy a tax rate that
290 exceeds the certified tax rate in accordance with Sections 59-2-919 and 59-2-919.1 .
291 Section 3. Section 59-2-924.2 is amended to read:
292 59-2-924.2. Adjustments to the calculation of a taxing entity's certified tax rate.
293 (1) For purposes of this section, "certified tax rate" means a certified tax rate calculated
294 in accordance with Section 59-2-924 .
295 (2) Beginning January 1, 1997, if a taxing entity receives increased revenues from
296 uniform fees on tangible personal property under Section 59-2-404 , 59-2-405 , 59-2-405.1 ,
297 59-2-405.2 , or 59-2-405.3 as a result of any county imposing a sales and use tax under Chapter
298 12, Part 11, County Option Sales and Use Tax, the taxing entity shall decrease its certified tax
299 rate to offset the increased revenues.
300 (3) (a) Beginning July 1, 1997, if a county has imposed a sales and use tax under
301 Chapter 12, Part 11, County Option Sales and Use Tax, the county's certified tax rate shall be:
302 (i) decreased on a one-time basis by the amount of the estimated sales and use tax
303 revenue to be distributed to the county under Subsection 59-12-1102 (3); and
304 (ii) increased by the amount necessary to offset the county's reduction in revenue from
305 uniform fees on tangible personal property under Section 59-2-404 , 59-2-405 , 59-2-405.1 ,
306 59-2-405.2 , or 59-2-405.3 as a result of the decrease in the certified tax rate under Subsection
307 (3)(a)(i).
308 (b) The commission shall determine estimates of sales and use tax distributions for
309 purposes of Subsection (3)(a).
310 (4) Beginning January 1, 1998, if a municipality has imposed an additional resort
311 communities sales and use tax under Section 59-12-402 , the municipality's certified tax rate
312 shall be decreased on a one-time basis by the amount necessary to offset the first 12 months of
313 estimated revenue from the additional resort communities sales and use tax imposed under
314 Section 59-12-402 .
315 (5) (a) This Subsection (5) applies to each county that:
316 (i) establishes a countywide special service district under Title 17D, Chapter 1, Special
317 Service District Act, to provide jail service, as provided in Subsection 17D-1-201 (10); and
318 (ii) levies a property tax on behalf of the special service district under Section
319 17D-1-105 .
320 (b) (i) The certified tax rate of each county to which this Subsection (5) applies shall be
321 decreased by the amount necessary to reduce county revenues by the same amount of revenues
322 that will be generated by the property tax imposed on behalf of the special service district.
323 (ii) Each decrease under Subsection (5)(b)(i) shall occur contemporaneously with the
324 levy on behalf of the special service district under Section 17D-1-105 .
325 (6) (a) As used in this Subsection (6):
326 (i) "Annexing county" means a county whose unincorporated area is included within a
327 public safety district by annexation.
328 (ii) "Annexing municipality" means a municipality whose area is included within a
329 public safety district by annexation.
330 (iii) "Equalized public safety protection tax rate" means the tax rate that results from:
331 (A) calculating, for each participating county and each participating municipality, the
332 property tax revenue necessary:
333 (I) in the case of a fire district, to cover all of the costs associated with providing fire
334 protection, paramedic, and emergency services:
335 (Aa) for a participating county, in the unincorporated area of the county; and
336 (Bb) for a participating municipality, in the municipality; or
337 (II) in the case of a police district, to cover all the costs:
338 (Aa) associated with providing law enforcement service:
339 (Ii) for a participating county, in the unincorporated area of the county; and
340 (IIii) for a participating municipality, in the municipality; and
341 (Bb) that the police district board designates as the costs to be funded by a property
342 tax; and
343 (B) adding all the amounts calculated under Subsection (6)(a)(iii)(A) for all
344 participating counties and all participating municipalities and then dividing that sum by the
345 aggregate taxable value of the property, as adjusted in accordance with Section 59-2-913 :
346 (I) for participating counties, in the unincorporated area of all participating counties;
347 and
348 (II) for participating municipalities, in all the participating municipalities.
349 (iv) "Fire district" means a service area under Title 17B, Chapter 2a, Part 9, Service
350 Area Act:
351 (A) created to provide fire protection, paramedic, and emergency services; and
352 (B) in the creation of which an election was not required under Subsection
353 17B-1-214 (3)(c).
354 (v) "Participating county" means a county whose unincorporated area is included
355 within a public safety district at the time of the creation of the public safety district.
356 (vi) "Participating municipality" means a municipality whose area is included within a
357 public safety district at the time of the creation of the public safety district.
358 (vii) "Police district" means a service area under Title 17B, Chapter 2a, Part 9, Service
359 Area Act, within a county of the first class:
360 (A) created to provide law enforcement service; and
361 (B) in the creation of which an election was not required under Subsection
362 17B-1-214 (3)(c).
363 (viii) "Public safety district" means a fire district or a police district.
364 (ix) "Public safety service" means:
365 (A) in the case of a public safety district that is a fire district, fire protection,
366 paramedic, and emergency services; and
367 (B) in the case of a public safety district that is a police district, law enforcement
368 service.
369 (b) In the first year following creation of a public safety district, the certified tax rate of
370 each participating county and each participating municipality shall be decreased by the amount
371 of the equalized public safety tax rate.
372 (c) In the first budget year following annexation to a public safety district, the certified
373 tax rate of each annexing county and each annexing municipality shall be decreased by an
374 amount equal to the amount of revenue budgeted by the annexing county or annexing
375 municipality:
376 (i) for public safety service; and
377 (ii) in:
378 (A) for a taxing entity operating under a January 1 through December 31 fiscal year,
379 the prior calendar year; or
380 (B) for a taxing entity operating under a July 1 through June 30 fiscal year, the prior
381 fiscal year.
382 (d) Each tax levied under this section by a public safety district shall be considered to
383 be levied by:
384 (i) each participating county and each annexing county for purposes of the county's tax
385 limitation under Section 59-2-908 ; and
386 (ii) each participating municipality and each annexing municipality for purposes of the
387 municipality's tax limitation under Section 10-5-112 , for a town, or Section 10-6-133 , for a
388 city.
389 (e) The calculation of a public safety district's certified tax rate for the year of
390 annexation shall be adjusted to include an amount of revenue equal to one half of the amount
391 of revenue budgeted by the annexing entity for public safety service in the annexing entity's
392 prior fiscal year if:
393 (i) the public safety district operates on a January 1 through December 31 fiscal year;
394 (ii) the public safety district approves an annexation of an entity operating on a July 1
395 through June 30 fiscal year; and
396 (iii) the annexation described in Subsection (6)(e)(ii) takes effect on July 1.
397 (7) For the calendar year beginning on January 1, 2007, the calculation of a taxing
398 entity's certified tax rate, calculated in accordance with Section 59-2-924 , shall be adjusted by
399 the amount necessary to offset any change in the certified tax rate that may result from
400 excluding the following from the certified tax rate under Subsection 59-2-924 (3) enacted by the
401 Legislature during the 2007 General Session:
402 (a) personal property tax revenue:
403 (i) received by a taxing entity;
404 (ii) assessed by a county assessor in accordance with Part 3, County Assessment; and
405 (iii) for personal property that is semiconductor manufacturing equipment; or
406 (b) the taxable value of personal property:
407 (i) contained on the tax rolls of a taxing entity;
408 (ii) assessed by a county assessor in accordance with Part 3, County Assessment; and
409 (iii) that is semiconductor manufacturing equipment.
410 (8) (a) The taxable value for the base year under Subsection 17C-1-102 (6) shall be
411 reduced for any year to the extent necessary to provide a community development and renewal
412 agency established under Title 17C, Limited Purpose Local Government Entities - Community
413 Development and Renewal Agencies Act, with approximately the same amount of money the
414 agency would have received without a reduction in the county's certified tax rate, calculated in
415 accordance with Section 59-2-924 , if:
416 (i) in that year there is a decrease in the certified tax rate under Subsection (2) or (3)(a);
417 (ii) the amount of the decrease is more than 20% of the county's certified tax rate of the
418 previous year; and
419 (iii) the decrease results in a reduction of the amount to be paid to the agency under
420 Section 17C-1-403 or 17C-1-404 .
421 (b) The base taxable value under Subsection 17C-1-102 (6) shall be increased in any
422 year to the extent necessary to provide a community development and renewal agency with
423 approximately the same amount of money as the agency would have received without an
424 increase in the certified tax rate that year if:
425 (i) in that year the base taxable value under Subsection 17C-1-102 (6) is reduced due to
426 a decrease in the certified tax rate under Subsection (2) or (3)(a); and
427 (ii) the certified tax rate of a city, school district, local district, or special service
428 district increases independent of the adjustment to the taxable value of the base year.
429 (c) Notwithstanding a decrease in the certified tax rate under Subsection (2) or (3)(a),
430 the amount of money allocated and, when collected, paid each year to a community
431 development and renewal agency established under Title 17C, Limited Purpose Local
432 Government Entities - Community Development and Renewal Agencies Act, for the payment
433 of bonds or other contract indebtedness, but not for administrative costs, may not be less than
434 that amount would have been without a decrease in the certified tax rate under Subsection (2)
435 or (3)(a).
436 (9) (a) For the calendar year beginning on January 1, 2014, the calculation of a county
437 assessing and collecting levy shall be adjusted by the amount necessary to offset:
438 (i) any change in the certified tax rate that may result from amendments to Part 16,
439 Multicounty Assessing and Collecting Levy, in this bill; and
440 (ii) the difference in the amount of revenue a taxing entity receives from or contributes
441 to the Property Tax Valuation Agency Fund, created in Section 59-2-1602 , that may result from
442 amendments to Part 16, Multicounty Assessing and Collecting Levy, in this bill.
443 (b) A taxing entity is not required to comply with the notice and public hearing
444 requirements in Section 59-2-919 for an adjustment to the county assessing and collecting levy
445 described in Subsection (9)(a).
446 Section 4. Section 59-2-1601 is amended to read:
447 59-2-1601. Definitions.
448 As used in this part:
449 [
450 [
451
452 [
453
454
455 [
456
457 [
458
459 [
460
461 [
462 Subsection 59-2-1602 (4).
463 [
464 59-2-1602 .
465 [
466 [
467 [
468 [
469 [
470 [
471 [
472 [
473 [
474 [
475
476
477 (3) "Multicounty Appraisal Trust" means the Multicounty Appraisal Trust created by
478 an agreement:
479 (a) entered into by all of the counties in the state; and
480 (b) authorized by Title 11, Chapter 13, Interlocal Cooperation Act.
481 [
482
483 59-2-1602 (2).
484 [
485
486
487 [
488 [
489 [
490
491 [
492
493 Section 5. Section 59-2-1602 is amended to read:
494 59-2-1602. Property Tax Valuation Agency Fund -- Creation -- Statewide levy --
495 Additional county levy.
496 (1) (a) There is created [
497 Agency Fund[
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509 (b) The fund consists of:
510 (i) deposits made and penalties received under Subsection (3); and
511 (ii) interest on money deposited into the fund.
512 (c) Deposits, penalties, and interest described in Subsection (1)(b) shall be disbursed
513 and used as provided in Section 59-2-1603 .
514 (2) (a) [
515 collecting levy [
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517 (b) [
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519 multicounty assessing and collecting levy[
520 (i) for the calendar year beginning on January 1, 2014, .000013; and
521 (ii) for a calendar year beginning on or after January 1, 2015, the certified revenue levy.
522 (c) [
523 collecting levy may not exceed the certified revenue levy as defined in Section 59-2-102 ,
524 unless:
525 (i) the Legislature authorizes a multicounty assessing and collecting levy that exceeds
526 the certified revenue levy; and
527 (ii) the state complies with the notice requirements of Section 59-2-926 .
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533 (d) Revenue collected from the multicounty assessing and collecting levy shall be
534 allocated as follows:
535 (i) 82% of the revenue collected shall be deposited into the Multicounty Appraisal
536 Trust; and
537 (ii) 18% of the revenue collected shall be deposited into the Property Tax Valuation
538 Agency Fund.
539 (3) (a) The multicounty assessing and collecting levy [
540 imposed under Subsection (2) shall be separately stated on the tax notice as a multicounty
541 assessing and collecting levy.
542 (b) The multicounty assessing and collecting levy [
543
544 (i) exempt from [
545 17C-1-406 ;
546 (ii) in addition to and exempt from the maximum levies allowable under Section
547 59-2-908 ; and
548 (iii) exempt from the notice and public hearing requirements of Section 59-2-919 .
549 (c) (i) Each [
550 [
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552 (ii) The revenue transmitted under Subsection (3)(c)(i) shall be transmitted no later
553 than the tenth day of the month following the end of the quarter in which the revenue is
554 collected.
555 (iii) If revenue transmitted under Subsection (3)(c)(i) is transmitted after the tenth day
556 of the month following the end of the quarter in which the revenue is collected, the county shall
557 pay an interest penalty at the rate of 10% each year until the revenue is transmitted.
558 [
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560
561 (d) The state treasurer shall [
562 under this Subsection (3) in the same manner as revenue is allocated under Subsection (2)(d).
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566 (4) (a) A county may levy a county additional property tax in accordance with this
567 Subsection (4).
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573 (i) shall be separately stated on the tax notice as a county assessing and collecting
574 levy[
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611 (ii) may not be incorporated into the rate of any other levy;
612 (iii) is exempt from Sections 17C-1-403 through 17C-1-406 ; and
613 (iv) is in addition to and exempt from the maximum levies allowable under Section
614 59-2-908 .
615 (c) Revenue collected from the county additional property tax shall be used to:
616 (i) promote the accurate valuation and uniform assessment levels of property as
617 required by Section 59-2-103 ;
618 (ii) promote the efficient administration of the property tax system, including the costs
619 of assessment, collection, and distribution of property taxes;
620 (iii) fund state mandated actions to meet legislative mandates or judicial or
621 administrative orders that relate to promoting:
622 (A) the accurate valuation of property; and
623 (B) the establishment and maintenance of uniform assessment levels within and among
624 counties; and
625 (iv) establish reappraisal programs that:
626 (A) are adopted by a resolution or ordinance of the county legislative body; and
627 (B) conform to rules the commission makes in accordance with Title 63G, Chapter 3,
628 Utah Administrative Rulemaking Act.
629 Section 6. Section 59-2-1603 is amended to read:
630 59-2-1603. Allocation of money in the Property Tax Valuation Agency Fund --
631 Use of funds.
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678 (1) The state auditor shall annually conduct a study of each county of the fourth, fifth,
679 or sixth class to determine:
680 (a) the costs of assessing and collecting property taxes;
681 (b) the ability to generate revenue from an assessing and collecting levy; and
682 (c) the tax burden of levying a property tax sufficient to cover the costs of assessing
683 and collecting property taxes.
684 (2) Subject to Subsection (3), and in accordance with Title 63G, Chapter 3, Utah
685 Administrative Rulemaking Act, the auditor shall make rules providing for the allocation of
686 money in the Property Tax Valuation Agency Fund.
687 (3) The rules described in Subsection (2) shall give priority in the allocation of money
688 in the Property Tax Valuation Agency Fund to the counties of the fourth, fifth, or sixth class
689 that the state auditor determines:
690 (a) in accordance with the study required by Subsection (1), to have the highest tax
691 burden; or
692 (b) to have the greatest need to improve:
693 (i) the accurate valuation and uniform assessment levels of property as required by
694 Section 59-2-103 ; or
695 (ii) the efficiency of the property tax system.
696 [
697 Fund [
698 [
699 (a) offset the costs of assessing and collecting property taxes;
700 (b) improve the accurate [
701 property as required by Section 59-2-103 ; [
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711 receiving counties in a calendar year, the state auditor shall retain the money in the fund for
712 distribution the following calendar year.
713 Section 7. Section 59-2-1605 is amended to read:
714 59-2-1605. Accounting records for levies.
715 Each county shall separately budget and account for the use of any money received or
716 expended [
717 Section 8. Section 59-2-1606 is amended to read:
718 59-2-1606. CAMA system funding for counties -- Disbursements to the
719 Multicounty Appraisal Trust -- Use of funds.
720 (1) As used in this section[
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743 Appraisal Trust in accordance with Section 59-2-1602 shall be used to provide funding for a
744 statewide CAMA system that will promote:
745 (i) the accurate valuation of property;
746 (ii) the establishment and maintenance of uniform assessment levels among counties
747 within the state; and
748 (iii) efficient administration of the property tax system, including the costs of
749 assessment, collection, and distribution of property taxes.
750 (b) The Multicounty Appraisal Trust shall determine which projects shall be funded
751 and oversee the administration of a statewide CAMA system.
752 Section 9. Section 63H-1-102 is amended to read:
753 63H-1-102. Definitions.
754 As used in this chapter:
755 (1) "Authority" means the Military Installation Development Authority, created under
756 Section 63H-1-201 .
757 (2) "Base taxable value" means:
758 (a) for military land or other land that was exempt from a property tax at the time that a
759 project area was created that included the military land or other land, a taxable value of zero; or
760 (b) for private property that is included in a project area, the taxable value of the
761 property within any portion of the project area, as designated by board resolution, from which
762 tax increment will be collected, as shown upon the assessment roll last equalized before the
763 year in which the authority issues a building permit for a building within that portion of the
764 project area.
765 (3) "Board" means the governing body of the authority created under Section
766 63H-1-301 .
767 (4) (a) "Dedicated tax collections" means the property tax that remains after the
768 authority is paid the tax increment it is entitled to receive under Subsection 63H-1-501 (1), for a
769 property tax levied by:
770 (i) a county, including a district the county has established under Subsection 17-34-3 (2)
771 to levy a property tax under Title 17, Chapter 34, Municipal-Type Services to Unincorporated
772 Areas; or
773 (ii) an included municipality.
774 (b) "Dedicated tax collections" does not include a [
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776 property tax or multicounty assessing and collecting levy imposed in accordance with Section
777 59-2-1602 .
778 (5) "Development project" means a project to develop land within a project area.
779 (6) "Elected member" means a member of the authority board who:
780 (a) is a mayor or member of a legislative body appointed under Subsection
781 63H-1-302 (2)(b); or
782 (b) (i) is appointed to the authority board under Subsection 63H-1-302 (2)(a) or (3); and
783 (ii) concurrently serves in an elected state, county, or municipal office.
784 (7) "Included municipality" means a municipality, some or all of which is included
785 within a project area.
786 (8) "Military Installation Development Authority energy tax" or "MIDA energy tax"
787 means the tax levied under Section 63H-1-204 .
788 (9) "Military land" means land or a facility, including leased land or a leased facility,
789 that is part of or affiliated with a base, camp, post, station, yard, center, or installation under the
790 jurisdiction of the U.S. Department of Defense or the Utah National Guard.
791 (10) "Municipal energy tax" means a municipal energy sales and use tax under Title
792 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act.
793 (11) "Municipal services revenue" means revenue that the authority:
794 (a) collects from the authority's:
795 (i) levy of a municipal energy tax;
796 (ii) levy of a MIDA energy tax;
797 (iii) levy of a telecommunications tax;
798 (iv) imposition of a transient room tax; and
799 (v) imposition of a resort communities tax;
800 (b) receives under Subsection 59-12-205 (2)(b)(ii); and
801 (c) receives as dedicated tax collections.
802 (12) "Municipal tax" means a municipal energy tax, MIDA energy tax,
803 telecommunications tax, transient room tax, or resort communities tax.
804 (13) "Project area" means the land, including military land, whether consisting of a
805 single contiguous area or multiple noncontiguous areas, described in a project area plan or draft
806 project area plan, where the development project set forth in the project area plan or draft
807 project area plan takes place or is proposed to take place.
808 (14) "Project area budget" means a multiyear projection of annual or cumulative
809 revenues and expenses and other fiscal matters pertaining to a project area that includes:
810 (a) the base taxable value of property in the project area;
811 (b) the projected tax increment expected to be generated within the project area;
812 (c) the amount of the tax increment expected to be shared with other taxing entities;
813 (d) the amount of the tax increment expected to be used to implement the project area
814 plan, including the estimated amount of the tax increment to be used for land acquisition,
815 public improvements, infrastructure improvements, and loans, grants, or other incentives to
816 private and public entities;
817 (e) the tax increment expected to be used to cover the cost of administering the project
818 area plan;
819 (f) if the tax increment is to be collected at different times or from different portions of
820 the project area, or both:
821 (i) (A) the tax identification numbers of the parcels from which the tax increment will
822 be collected; or
823 (B) a legal description of the portion of the project area from which the tax increment
824 will be collected; and
825 (ii) an estimate of when other portions of the project area will become subject to
826 collection of the tax increment; and
827 (g) for property that the authority owns or leases and expects to sell or sublease, the
828 expected total cost of the property to the authority and the expected selling price or lease
829 payments.
830 (15) "Project area plan" means a written plan that, after its effective date, guides and
831 controls the development within a project area.
832 (16) "Property tax" includes a privilege tax and each levy on an ad valorem basis on
833 tangible or intangible personal or real property.
834 (17) "Public entity" means:
835 (a) the state, including each department or agency of the state; or
836 (b) a political subdivision of the state, including a county, city, town, school district,
837 local district, special service district, or interlocal cooperation entity.
838 (18) "Publicly owned infrastructure and improvements" means water, sewer, storm
839 drainage, electrical, telecommunications, and other similar systems and lines, streets, roads,
840 curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, and other
841 buildings, facilities, infrastructure, and improvements that:
842 (a) benefit the public; and
843 (b) are:
844 (i) publicly owned or owned by a utility; or
845 (ii) publicly maintained or operated by the authority or another public entity.
846 (19) "Remaining municipal services revenue" means municipal services revenue that
847 the authority has not spent during its fiscal year for municipal services as provided in
848 Subsection 63H-1-503 (1).
849 (20) "Resort communities tax" means a sales and use tax imposed under Section
850 59-12-401 .
851 (21) "Taxable value" means the value of property as shown on the last equalized
852 assessment roll as certified by the county assessor.
853 (22) "Tax increment" means the difference between:
854 (a) the amount of property tax revenues generated each tax year by all taxing entities
855 from the area within a project area designated in the project area plan as the area from which
856 the tax increment is to be collected, using the current assessed value of the property; and
857 (b) the amount of property tax revenues that would be generated from that same area
858 using the base taxable value of the property.
859 (23) "Taxing entity" means a public entity that levies a tax on property within a project
860 area.
861 (24) "Telecommunications tax" means a telecommunications license tax under Title
862 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act.
863 (25) "Transient room tax" means a tax under Section 59-12-352 .
864 Section 10. Repealer.
865 This bill repeals:
866 Section 59-2-1604 , Additional levies by counties.
867 Section 11. Retrospective operation.
868 This bill has retrospective operation to January 1, 2014.
869 Section 12. Revisor instructions.
870 The Legislature intends that the Office of Legislative Research and General Counsel, in
871 preparing the Utah Code database for publication, shall replace the references in Subsection
872 59-2-924.2 (9) from "this bill" to the bill's designated chapter and section number in the Laws
873 of Utah.
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