1     
PROPERTY TAX NOTICE AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Howard A. Stephenson

5     
House Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to property tax notices.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines last year's property tax budgeted revenue for purposes of the advertisement
13     used to provide notice of a proposed property tax increase.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          This bill provides retrospective operation.
18     Utah Code Sections Affected:
19     AMENDS:
20          59-2-919, as last amended by Laws of Utah 2014, Chapter 256 and further amended by
21     Revisor Instructions, Laws of Utah 2014, Chapter 256
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 59-2-919 is amended to read:
25          59-2-919. Notice and public hearing requirements for certain tax increases --
26     Exceptions.
27          (1) As used in this section:

28          [(a) "Ad valorem tax revenue" means ad valorem property tax revenue not including
29     revenue from new growth as defined in Section 59-2-924.]
30          [(b)] (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue
31     generated by the portion of the tax rate that exceeds the taxing entity's certified tax rate.
32          (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including
33     revenue from new growth as defined in Section 59-2-924.
34          (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year
35     that begins on January 1 and ends on December 31.
36          (d) "County executive calendar year taxing entity" means a calendar year taxing entity
37     that operates under the county executive-council form of government described in Section
38     17-52-504.
39          (e) "Current calendar year" means the calendar year immediately preceding the
40     calendar year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the
41     calendar year taxing entity's certified tax rate.
42          (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that
43     begins on July 1 and ends on June 30.
44          (g) "Last year's property tax budgeted revenue" does not include revenue received by a
45     taxing entity from a debt service levy voted on by the public.
46          (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax
47     rate unless the taxing entity meets:
48          (a) the requirements of this section that apply to the taxing entity; and
49          (b) all other requirements as may be required by law.
50          (3) (a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar
51     year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's certified tax
52     rate if the calendar year taxing entity:
53          (i) 14 or more days before the date of the regular general election or municipal general
54     election held in the current calendar year, states at a public meeting:
55          (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the
56     calendar year taxing entity's certified tax rate;
57          (B) the dollar amount of and purpose for additional ad valorem tax revenue that would
58     be generated by the proposed increase in the certified tax rate; and

59          (C) the approximate percentage increase in ad valorem tax revenue for the taxing entity
60     based on the proposed increase described in Subsection (3)(a)(i)(B);
61          (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in
62     accordance with Title 52, Chapter 4, Open and Public Meetings Act, including providing a
63     separate item on the meeting agenda that notifies the public that the calendar year taxing entity
64     intends to make the statement described in Subsection (3)(a)(i);
65          (iii) meets the advertisement requirements of Subsections (6) and (7) before the
66     calendar year taxing entity conducts the public hearing required by Subsection (3)(a)(v);
67          (iv) provides notice by mail:
68          (A) seven or more days before the regular general election or municipal general
69     election held in the current calendar year; and
70          (B) as provided in Subsection (3)(c); and
71          (v) conducts a public hearing that is held:
72          (A) in accordance with Subsections (8) and (9); and
73          (B) in conjunction with the public hearing required by Section 17-36-13 or 17B-1-610.
74          (b) (i) For a county executive calendar year taxing entity, the statement described in
75     Subsection (3)(a)(i) shall be made by the:
76          (A) county council;
77          (B) county executive; or
78          (C) both the county council and county executive.
79          (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the
80     county council states a dollar amount of additional ad valorem tax revenue that is greater than
81     the amount of additional ad valorem tax revenue previously stated by the county executive in
82     accordance with Subsection (3)(a)(i), the county executive calendar year taxing entity shall:
83          (A) make the statement described in Subsection (3)(a)(i) 14 or more days before the
84     county executive calendar year taxing entity conducts the public hearing under Subsection
85     (3)(a)(v); and
86          (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before the
87     county executive calendar year taxing entity conducts the public hearing required by
88     Subsection (3)(a)(v).
89          (c) The notice described in Subsection (3)(a)(iv):

90          (i) shall be mailed to each owner of property:
91          (A) within the calendar year taxing entity; and
92          (B) listed on the assessment roll;
93          (ii) shall be printed on a separate form that:
94          (A) is developed by the commission;
95          (B) states at the top of the form, in bold upper-case type no smaller than 18 point
96     "NOTICE OF PROPOSED TAX INCREASE"; and
97          (C) may be mailed with the notice required by Section 59-2-1317;
98          (iii) shall contain for each property described in Subsection (3)(c)(i):
99          (A) the value of the property for the current calendar year;
100          (B) the tax on the property for the current calendar year; and
101          (C) subject to Subsection (3)(d), for the calendar year for which the calendar year
102     taxing entity seeks to levy a tax rate that exceeds the calendar year taxing entity's certified tax
103     rate, the estimated tax on the property;
104          (iv) shall contain the following statement:
105          "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar
106     year]. This notice contains estimates of the tax on your property and the proposed tax increase
107     on your property as a result of this tax increase. These estimates are calculated on the basis of
108     [insert previous applicable calendar year] data. The actual tax on your property and proposed
109     tax increase on your property may vary from this estimate.";
110          (v) shall state the date, time, and place of the public hearing described in Subsection
111     (3)(a)(v); and
112          (vi) may contain other property tax information approved by the commission.
113          (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall
114     calculate the estimated tax on property on the basis of:
115          (i) data for the current calendar year; and
116          (ii) the amount of additional ad valorem tax revenue stated in accordance with this
117     section.
118          (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate
119     that exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity:
120          (a) provides notice by meeting the advertisement requirements of Subsections (6) and

121     (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal year
122     taxing entity's annual budget is adopted; and
123          (b) conducts a public hearing in accordance with Subsections (8) and (9) before the
124     fiscal year taxing entity's annual budget is adopted.
125          (5) (a) A taxing entity is not required to meet the notice or public hearing requirements
126     of Subsection (3) or (4) if the taxing entity is expressly exempted by law from complying with
127     the requirements of this section.
128          (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or
129     (4) if:
130          (i) Section 53A-17a-133 allows the taxing entity to levy a tax rate that exceeds that
131     certified tax rate without having to comply with the notice provisions of this section; or
132          (ii) the taxing entity:
133          (A) budgeted less than $20,000 in ad valorem tax revenues for the previous fiscal year;
134     and
135          (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem tax
136     revenues.
137          (6) (a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this
138     section shall be published:
139          (i) subject to Section 45-1-101, in a newspaper or combination of newspapers of
140     general circulation in the taxing entity;
141          (ii) electronically in accordance with Section 45-1-101; and
142          (iii) on the Utah Public Notice Website created in Section 63F-1-701.
143          (b) The advertisement described in Subsection (6)(a)(i) shall:
144          (i) be no less than 1/4 page in size;
145          (ii) use type no smaller than 18 point; and
146          (iii) be surrounded by a 1/4-inch border.
147          (c) The advertisement described in Subsection (6)(a)(i) may not be placed in that
148     portion of the newspaper where legal notices and classified advertisements appear.
149          (d) It is the intent of the Legislature that:
150          (i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in a
151     newspaper that is published at least one day per week; and

152          (ii) the newspaper or combination of newspapers selected:
153          (A) be of general interest and readership in the taxing entity; and
154          (B) not be of limited subject matter.
155          (e) (i) The advertisement described in Subsection (6)(a)(i) shall:
156          (A) except as provided in Subsection (6)(f), be run once each week for the two weeks
157     before a taxing entity conducts a public hearing described under Subsection (3)(a)(v) or (4)(b);
158     and
159          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
160     advertisement, which shall be seven or more days after the day the first advertisement is
161     published, for the purpose of hearing comments regarding any proposed increase and to explain
162     the reasons for the proposed increase.
163          (ii) The advertisement described in Subsection (6)(a)(ii) shall:
164          (A) be published two weeks before a taxing entity conducts a public hearing described
165     in Subsection (3)(a)(v) or (4)(b); and
166          (B) state that the taxing entity will meet on a certain day, time, and place fixed in the
167     advertisement, which shall be seven or more days after the day the first advertisement is
168     published, for the purpose of hearing comments regarding any proposed increase and to explain
169     the reasons for the proposed increase.
170          (f) If a fiscal year taxing entity's public hearing information is published by the county
171     auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not subject to the
172     requirement to run the advertisement twice, as required by Subsection (6)(e)(i), but shall run
173     the advertisement once during the week before the fiscal year taxing entity conducts a public
174     hearing at which the taxing entity's annual budget is discussed.
175          (g) For purposes of Subsection (3)(a)(iii) or (4)(a), the form and content of an
176     advertisement shall be substantially as follows:
177     
"NOTICE OF PROPOSED TAX INCREASE

178     
(NAME OF TAXING ENTITY)

179          The (name of the taxing entity) is proposing to increase its property tax revenue.
180          •     The (name of the taxing entity) tax on a (insert the average value of a residence
181     in the taxing entity rounded to the nearest thousand dollars) residence would
182     increase from $______ to $________, which is $_______ per year.

183          •     The (name of the taxing entity) tax on a (insert the value of a business having
184     the same value as the average value of a residence in the taxing entity) business
185     would increase from $________ to $_______, which is $______ per year.
186          •     If the proposed budget is approved, (name of the taxing entity) would increase
187     its property tax budgeted revenue by ___% above last year's property tax
188     budgeted revenue excluding new growth.
189          All concerned citizens are invited to a public hearing on the tax increase.
190     
PUBLIC HEARING

191          Date/Time:     (date) (time)
192          Location:     (name of meeting place and address of meeting place)
193          To obtain more information regarding the tax increase, citizens may contact the (name
194     of the taxing entity) at (phone number of taxing entity)."
195          (7) The commission:
196          (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
197     Rulemaking Act, governing the joint use of one advertisement described in Subsection (6) by
198     two or more taxing entities; and
199          (b) subject to Section 45-1-101, may authorize:
200          (i) the use of a weekly newspaper:
201          (A) in a county having both daily and weekly newspapers if the weekly newspaper
202     would provide equal or greater notice to the taxpayer; and
203          (B) if the county petitions the commission for the use of the weekly newspaper; or
204          (ii) the use by a taxing entity of a commission approved direct notice to each taxpayer
205     if:
206          (A) the cost of the advertisement would cause undue hardship;
207          (B) the direct notice is different and separate from that provided for in Section
208     59-2-919.1; and
209          (C) the taxing entity petitions the commission for the use of a commission approved
210     direct notice.
211          (8) (a) (i) (A) A fiscal year taxing entity shall, on or before March 1, notify the county
212     legislative body in which the fiscal year taxing entity is located of the date, time, and place of
213     the first public hearing at which the fiscal year taxing entity's annual budget will be discussed.

214          (B) A county that receives notice from a fiscal year taxing entity under Subsection
215     (8)(a)(i)(A) shall include on the notice required by Section 59-2-919.1 the date, time, and place
216     of the public hearing described in Subsection (8)(a)(i)(A).
217          (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar
218     year, notify the county legislative body in which the calendar year taxing entity is located of the
219     date, time, and place of the first public hearing at which the calendar year taxing entity's annual
220     budget will be discussed.
221          (b) (i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be open to the
222     public.
223          (ii) The governing body of a taxing entity conducting a public hearing described in
224     Subsection (3)(a)(v) or (4)(b) shall provide an interested party desiring to be heard an
225     opportunity to present oral testimony within reasonable time limits.
226          (c) (i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a
227     public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the public hearing
228     of another overlapping taxing entity in the same county.
229          (ii) The taxing entities in which the power to set tax levies is vested in the same
230     governing board or authority may consolidate the public hearings described in Subsection
231     (3)(a)(v) or (4)(b) into one public hearing.
232          (d) A county legislative body shall resolve any conflict in public hearing dates and
233     times after consultation with each affected taxing entity.
234          (e) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or
235     (4)(b) beginning at or after 6 p.m.
236          (9) (a) If a taxing entity does not make a final decision on budgeting additional ad
237     valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), the taxing
238     entity shall announce at that public hearing the scheduled time and place of the next public
239     meeting at which the taxing entity will consider budgeting the additional ad valorem tax
240     revenue.
241          (b) A calendar year taxing entity may not adopt a final budget that budgets an amount
242     of additional ad valorem tax revenue that exceeds the largest amount of additional ad valorem
243     tax revenue stated at a public meeting under Subsection (3)(a)(i).
244          (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's

245     certified tax rate may coincide with a public hearing on the fiscal year taxing entity's proposed
246     annual budget.
247          Section 2. Retrospective operation.
248          This bill has retrospective operation to January 1, 2016.






Legislative Review Note
Office of Legislative Research and General Counsel