Representative John Knotwell proposes the following substitute bill:


1     
LOCAL TAX AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: John Knotwell

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill establishes and amends provisions related to certain local governments'
10     authority to levy certain property taxes.
11     Highlighted Provisions:
12          This bill:
13          ▸     consolidates several provisions that give certain municipalities authority to levy
14     certain property taxes;
15          ▸     establishes provisions for a municipality or a county that levies a property tax to
16     account separately for the revenues derived from that property tax; and
17          ▸     makes conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          9-7-402, as renumbered and amended by Laws of Utah 1992, Chapter 241
25     ENACTS:

26          10-5-112.4, Utah Code Annotated 1953
27          10-5-112.5, Utah Code Annotated 1953
28          10-6-133.4, Utah Code Annotated 1953
29          10-6-133.5, Utah Code Annotated 1953
30          17-36-31.5, Utah Code Annotated 1953
31     REPEALS:
32          9-7-401, as last amended by Laws of Utah 2018, Chapter 436
33          10-7-14.2, as last amended by Laws of Utah 2007, Chapter 329
34          10-8-91, as last amended by Laws of Utah 2003, Chapter 292
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 9-7-402 is amended to read:
38          9-7-402. Establishment and maintenance of public library -- Library board of
39     directors -- Expenses.
40          (1) A city's governing body may establish and maintain a public library.
41          [(1)] (2) When the city governing body decides to establish and maintain a city public
42     library under the provisions of this part, it shall appoint a library board of directors of not less
43     than five members and not more than nine members, chosen from the citizens of the city and
44     based upon their fitness for the office.
45          [(2)] (3) Only one member of the city governing body may be, at any one time, a
46     member of the board.
47          [(3)] (4) Each director shall serve without compensation, but their actual and necessary
48     expenses incurred in the performance of their official duties may be paid from library funds.
49          Section 2. Section 10-5-112.4 is enacted to read:
50          10-5-112.4. Property taxes levied for specified services -- Special revenue fund --
51     Limitations on expenditures.
52          (1) A town may account separately for the revenues derived from a property tax, that is
53     lawfully levied for a specific purpose, in accordance with this section.
54          (2) To levy a property tax under this section, the legislative body of the town that levies
55     the property tax shall indicate through ordinance:
56          (a) that the town levies the tax under this section; and

57          (b) the specific service for which the town levies the tax.
58          (3) A property tax levied under this section is subject to the maximum rate a town may
59     levy for property taxes under Section 10-5-112.
60          (4) (a) A town that collects a property tax under this section shall:
61          (i) create a special revenue fund to hold the revenues collected under this section; and
62          (ii) deposit revenues collected from that tax into the special revenue fund described in
63     Subsection (4)(a)(i).
64          (b) A town may only expend revenues from a special revenue fund described in
65     Subsection (4)(a) for a purpose that is solely related to the provision of the service described in
66     Subsection (2)(b) for which the town created the special revenue fund.
67          (5) Except as provided in Subsections (2) and (4), a town that levies a property tax
68     under this section shall:
69          (a) levy and collect the tax in accordance with Title 59, Chapter 2, Property Tax Act;
70          (b) account for revenues derived from the tax in accordance with this chapter; and
71          (c) levy and collect and account for revenues derived from the tax in the same general
72     manner as for the town's other property taxes.
73          Section 3. Section 10-5-112.5 is enacted to read:
74          10-5-112.5. Property tax levy for culinary water, wastewater treatment, hospitals,
75     and recreational facilities.
76          A town may levy a property tax for a purpose described in this section as follows:
77          (1) (a) A town that is not in an improvement district created to establish and
78     maintaining a wastewater collection, treatment, or disposal system or a system for the supply,
79     treatment, or distribution of water under Title 17B, Chapter 2a, Part 4, Improvement District
80     Act, may levy a tax annually not to exceed .0008 per dollar of taxable value of taxable property
81     in the town.
82          (b) The town shall place revenue raised by the levy described in Subsection (1)(a) in a
83     special fund and may only use the revenue to:
84          (i) finance the construction of facilities to purify the town's drinking water; or
85          (ii) construct facilities to treat and dispose of the town's wastewater.
86          (c) The town may accumulate from year to year and reserve in the special fund
87     described in Subsection (1)(b) the revenue collected through the levy described in this

88     Subsection (1).
89          (d) The town shall make and collect the levy described in this Subsection (1) in the
90     same manner as town levies and collects other property taxes.
91          (2) A town may levy a tax not exceeding .001 per dollar of taxable value of taxable
92     property to own or operate a hospital under Section 10-8-90.
93          (3) The governing body of a town may, under Section 11-2-7, annually appropriate and
94     cause to be raised by taxation, money to cover an expense described in Section 11-2-7 for the
95     provision of recreational facilities or other services described in Title 11, Chapter 2,
96     Playgrounds.
97          Section 4. Section 10-6-133.4 is enacted to read:
98          10-6-133.4. Property taxes levied for specified services -- Special revenue fund --
99     Limitations on use -- Collection, accounting, and expenditures.
100          (1) A city may account separately for the revenues derived from a property tax, that is
101     lawfully levied for a specific purpose, in accordance with this section.
102          (2) To levy a property tax under this section, the legislative body of the city that levies
103     the property tax shall indicate through ordinance:
104          (a) that the city levies the tax under this section; and
105          (b) the specific service for which the city levies the tax.
106          (3) A property tax levied under this section is subject to the maximum rate a city may
107     levy for property taxes under Section 10-6-133.
108          (4) (a) A city that collects a property tax under this section shall:
109          (i) create a special revenue fund to hold the revenues collected under this section; and
110          (ii) deposit revenues collected from that tax into the special revenue fund described in
111     Subsection (4)(a)(i).
112          (b) A city may only expend revenues from a special revenue fund described in
113     Subsection (4)(a) for a purpose that is solely related to the provision of the service described in
114     Subsection (2)(b) for which the city created the special revenue fund.
115          (5) Except as provided in Subsections (2) and (4), a city that levies a property tax under
116     this section shall:
117          (a) levy and collect the tax in accordance with Title 59, Chapter 2, Property Tax Act;
118          (b) account for revenues derived from the tax in accordance with this chapter; and

119          (c) levy and collect and account for revenues derived from the tax in the same general
120     manner as for the city's other property taxes.
121          Section 5. Section 10-6-133.5 is enacted to read:
122          10-6-133.5. Property tax levy for culinary water, wastewater treatment, hospitals,
123     recreational facilities, and libraries.
124          (1) A city may levy a property tax for a purpose described in this section in accordance
125     with this section.
126          (2) (a) A city that is not in an improvement district created to establish and maintain a
127     wastewater collection, treatment, or disposal system or a system for the supply, treatment, or
128     distribution of water under Title 17B, Chapter 2a, Part 4, Improvement District Act, may levy a
129     tax annually not to exceed .0008 per dollar of taxable value of taxable property in the city.
130          (b) The city shall place revenue raised by the levy described in Subsection (2)(a) in a
131     special fund and may only use the revenue to:
132          (i) finance the construction of facilities to purify the city's drinking water; or
133          (ii) construct facilities to treat and dispose of the city's wastewater.
134          (c) The city may accumulate from year to year and reserve in the special fund described
135     in Subsection (2)(b) the revenue collected through the levy described in Subsection (1).
136          (d) The city shall make and collect the levy described in this Subsection (2) in the same
137     manner as the city levies and collects other property taxes.
138          (3) A city of the third, fourth, or fifth class may levy a tax not exceeding .001 per dollar
139     of taxable value of taxable property to own or operate a hospital under Section 10-8-90.
140          (4) The governing body of a city may, under Section 11-2-7, annually appropriate and
141     cause to be raised by taxation, money to cover an expense described in Section 11-2-7 for the
142     provision of recreational facilities or other services described in Title 11, Chapter 2,
143     Playgrounds.
144          (5) (a) A city that establishes or maintains a public library under Title 9, Chapter 7,
145     Part 4, City Libraries, may levy annually a tax not to exceed .001 of taxable value of taxable
146     property in the city.
147          (b) If bonds are issued for a library described in Subsection (5)(a) to purchase a site, or
148     construct or furnish a building, the city may levy taxes sufficient for the payment of the bonds
149     and any interest on the bonds.

150          (c) The city shall, for the taxes described in Subsection (5)(a) or (b):
151          (i) levy and collect the taxes in the same manner as other general taxes of the city; and
152          (ii) deposit revenues from the tax into a city library fund.
153          (d) The city library fund described in Subsection (5)(c) shall receive a portion of:
154          (i) the statewide uniform fee described in Section 59-2-405, in accordance with the
155     procedures established in Section 59-2-405;
156          (ii) the statewide uniform fee described in Section 59-2-405.1, in accordance with the
157     procedures established in Section 59-2-405.1;
158          (iii) the uniform statewide fee described in Section 59-2-405.2, in accordance with the
159     procedures established in Section 59-2-405.2;
160          (iv) the uniform statewide fee described in Section 59-2-405.3, in accordance with the
161     procedures established in Section 59-2-405.3; and
162          (v) the uniform fee described in Section 72-10-110.5, in accordance with the
163     procedures established in Section 72-10-110.5.
164          Section 6. Section 17-36-31.5 is enacted to read:
165          17-36-31.5. Property taxes levied for specified services -- Special revenue fund --
166     Limitations on use -- Collection, accounting, and expenditures.
167          (1) A county may account separately for the revenues derived from a property tax, that
168     is lawfully levied for a specific purpose, in accordance with this section.
169          (2) To levy a property tax under this section, the legislative body of the county that
170     levies the property tax shall indicate through ordinance:
171          (a) that the county levies the tax under this section; and
172          (b) the specific service for which the county levies the tax.
173          (3) A property tax levied under this section is subject to the maximum rate a county
174     may levy for property taxes under Section 59-2-908.
175          (4) (a) A county that collects a property tax under this section shall:
176          (i) create a special revenue fund to hold the revenues collected under this section; and
177          (ii) deposit revenues collected from that tax into the special revenue fund described in
178     Subsection (4)(a)(i).
179          (b) A county may only expend revenues from a special revenue fund described in
180     Subsection (4)(a) for a purpose that is solely related to the provision of the service described in

181     Subsection (2)(b) for which the county created the special revenue fund.
182          (5) Except as provided in Subsections (2) and (4), a county that levies a property tax
183     under this section shall:
184          (a) levy and collect the tax in accordance with Title 59, Chapter 2, Property Tax Act;
185          (b) account for revenues derived from the tax in accordance with this chapter; and
186          (c) levy and collect and account for revenues derived from the tax in the same general
187     manner as for the county's other property taxes.
188          Section 7. Repealer.
189          This bill repeals:
190          Section 9-7-401, Tax for establishment and maintenance of public library -- City
191     library fund.
192          Section 10-7-14.2, Special tax -- Grant of power to levy.
193          Section 10-8-91, Levy of tax by cities of the third, fourth, and fifth class and towns.