1     
TAX COMMISSION AUTHORITY AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Deidre M. Henderson

5     
House Sponsor: Robert M. Spendlove

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7     LONG TITLE
8     General Description:
9          This bill modifies the authority of the State Tax Commission.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals the State Tax Commission's authority to adjust or defer taxes levied against
13     property assessed by the State Tax Commission;
14          ▸     allows a county legislative body to adjust or defer taxes levied by the State Tax
15     Commission against property located in the county under certain circumstances; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides retrospective operation.
21     Utah Code Sections Affected:
22     AMENDS:
23          59-2-1347, as last amended by Laws of Utah 2007, Chapter 306
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 59-2-1347 is amended to read:
27          59-2-1347. Redemption -- Adjustment or deferral of taxes -- Interest.
28          (1) (a) If [any] an interested person applies to [the] a county legislative body for an
29     adjustment or deferral of taxes levied against property [assessed by the county assessor,]
30     located in the county, the county legislative body may accept a sum less than the full amount
31     due [may be accepted], or defer the full amount [may be deferred] due, where, in the judgment
32     of the county legislative body, the best human interests and the interests of the state and the
33     county are served.
34          (b) Nothing in this section prohibits [the] a county legislative body from granting a
35     retroactive [adjustments or deferrals] adjustment or deferral if the criteria established in this
36     [Subsection (1)] section are met.
37          [(b) If any interested person applies to the commission for an adjustment of taxes
38     levied against property assessed by the commission, a sum less than the full amount due may
39     be accepted, where, in the judgment of the commission, the best human interests and the
40     interests of the state and the county are served.]
41          (2) (a) [If an application is made, the applicant shall submit] In an application for an
42     adjustment or deferral described in Subsection (1), the applicant shall include a statement[,]
43     setting forth the following:
44          [(a)] (i) a description of the property;
45          [(b)] (ii) the value of the property for the current year;
46          [(c)] (iii) the amount of delinquent taxes, interest, and penalties;
47          [(d)] (iv) (A) for an adjustment, the amount proposed to be paid [in settlement or]; or
48          (B) for a deferral, the amount proposed to be deferred; and
49          [(e)] (v) any other information required by the county legislative body.
50          (b) The commission shall prepare blank forms for an application for an adjustment or
51     deferral under this section.
52          [(3) (a) Blank forms for the application shall be prepared by the commission.]
53          [(b)] (3) (a) A [deferral may not be granted] county legislative body may not grant a
54     deferral without the written consent of the holder of any mortgage or trust deed outstanding on
55     the property.
56          [(c)] (b) [The] Any amount deferred shall be recorded as a lien on the property and
57     shall bear interest at a rate equal to the lesser of:
58          (i) 6%; or
59          (ii) the federal funds rate target:
60          (A) established by the Federal Open Markets Committee; and
61          (B) that exists on the January 1 immediately preceding the day on which the taxes are
62     deferred.
63          [(d)] (c) The amount deferred together with accrued interest [shall be] is due and
64     payable when the property is sold or otherwise conveyed.
65          (4) Within 10 days after [the consummation of any] the day on which a county
66     legislative body grants an adjustment or deferral, the county legislative body [or the
67     commission, as the case may be,] shall cause the adjustment or deferral to be posted in the
68     county where the property involved is located. The publication shall contain:
69          (a) the name of the applicant;
70          (b) the parcel, serial, or account number of the property;
71          (c) the value of the property for the current year;
72          (d) the sum of the delinquent taxes, interest, and penalty due; and
73          (e) the adjusted amount paid or deferred.
74          (5) [A] No later than the last day of each calendar month, each county legislative body
75     shall send to the commission a record of [the] any action taken by the county legislative body
76     [shall be sent to the commission at the end of each month for all action taken] under this
77     section during the preceding calendar month. [A record of the action taken by the commission
78     shall be sent to the county legislative body of the counties affected by the action.]
79          Section 2. Retrospective operation.
80          This bill has retrospective operation to January 1, 2020.