1     
STUDENT RESOURCE OFFICER FUNDING

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Winder

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the school resource officer levy.
10     Highlighted Provisions:
11          This bill:
12          ▸     authorizes a local school board to levy a tax to fund school resource officers; and
13          ▸     makes conforming changes.
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          59-2-924, as last amended by Laws of Utah 2021, Chapters 214 and 388
21     ENACTS:
22          53F-8-304, Utah Code Annotated 1953
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53F-8-304 is enacted to read:
26          53F-8-304. School resource officer levy.
27          (1) As used in this section,"school resource officer" means a law enforcement officer,

28     as defined in Section 53-13-103, who contracts with, is employed by, or whose law
29     enforcement agency contracts with a local education agency to provide law enforcement
30     services for the local education agency.
31          (2) A local school board may levy a tax to fund the district's school resource officers.
32          (3) A tax rate imposed by a school district pursuant to this section may not exceed
33     .00015 per dollar of taxable value in any calendar year.
34          Section 2. Section 59-2-924 is amended to read:
35          59-2-924. Definitions -- Report of valuation of property to county auditor and
36     commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax
37     rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the
38     commission.
39          (1) As used in this section:
40          (a) (i) "Ad valorem property tax revenue" means revenue collected in accordance with
41     this chapter.
42          (ii) "Ad valorem property tax revenue" does not include:
43          (A) interest;
44          (B) penalties;
45          (C) collections from redemptions; or
46          (D) revenue received by a taxing entity from personal property that is semiconductor
47     manufacturing equipment assessed by a county assessor in accordance with Part 3, County
48     Assessment.
49          (b) "Adjusted tax increment" means the same as that term is defined in Section
50     17C-1-102.
51          (c) (i) "Aggregate taxable value of all property taxed" means:
52          (A) the aggregate taxable value of all real property a county assessor assesses in
53     accordance with Part 3, County Assessment, for the current year;
54          (B) the aggregate taxable value of all real and personal property the commission
55     assesses in accordance with Part 2, Assessment of Property, for the current year; and
56          (C) the aggregate year end taxable value of all personal property a county assessor
57     assesses in accordance with Part 3, County Assessment, contained on the prior year's tax rolls
58     of the taxing entity.

59          (ii) "Aggregate taxable value of all property taxed" does not include the aggregate year
60     end taxable value of personal property that is:
61          (A) semiconductor manufacturing equipment assessed by a county assessor in
62     accordance with Part 3, County Assessment; and
63          (B) contained on the prior year's tax rolls of the taxing entity.
64          (d) "Base taxable value" means:
65          (i) for an authority created under Section 11-58-201, the same as that term is defined in
66     Section 11-58-102;
67          (ii) for an agency created under Section 17C-1-201.5, the same as that term is defined
68     in Section 17C-1-102;
69          (iii) for an authority created under Section 63H-1-201, the same as that term is defined
70     in Section 63H-1-102; or
71          (iv) for a host local government, the same as that term is defined in Section 63N-2-502.
72          (e) "Centrally assessed benchmark value" means an amount equal to the highest year
73     end taxable value of real and personal property the commission assesses in accordance with
74     Part 2, Assessment of Property, for a previous calendar year that begins on or after January 1,
75     2015, adjusted for taxable value attributable to:
76          (i) an annexation to a taxing entity; or
77          (ii) an incorrect allocation of taxable value of real or personal property the commission
78     assesses in accordance with Part 2, Assessment of Property.
79          (f) (i) "Centrally assessed new growth" means the greater of:
80          (A) zero; or
81          (B) the amount calculated by subtracting the centrally assessed benchmark value
82     adjusted for prior year end incremental value from the taxable value of real and personal
83     property the commission assesses in accordance with Part 2, Assessment of Property, for the
84     current year, adjusted for current year incremental value.
85          (ii) "Centrally assessed new growth" does not include a change in value as a result of a
86     change in the method of apportioning the value prescribed by the Legislature, a court, or the
87     commission in an administrative rule or administrative order.
88          (g) "Certified tax rate" means a tax rate that will provide the same ad valorem property
89     tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.

90          (h) "Community reinvestment agency" means the same as that term is defined in
91     Section 17C-1-102.
92          (i) "Eligible new growth" means the greater of:
93          (i) zero; or
94          (ii) the sum of:
95          (A) locally assessed new growth;
96          (B) centrally assessed new growth; and
97          (C) project area new growth or hotel property new growth.
98          (j) "Host local government" means the same as that term is defined in Section
99     63N-2-502.
100          (k) "Hotel property" means the same as that term is defined in Section 63N-2-502.
101          (l) "Hotel property new growth" means an amount equal to the incremental value that
102     is no longer provided to a host local government as incremental property tax revenue.
103          (m) "Incremental property tax revenue" means the same as that term is defined in
104     Section 63N-2-502.
105          (n) "Incremental value" means:
106          (i) for an authority created under Section 11-58-201, the amount calculated by
107     multiplying:
108          (A) the difference between the taxable value and the base taxable value of the property
109     that is located within a project area and on which property tax differential is collected; and
110          (B) the number that represents the percentage of the property tax differential that is
111     paid to the authority;
112          (ii) for an agency created under Section 17C-1-201.5, the amount calculated by
113     multiplying:
114          (A) the difference between the taxable value and the base taxable value of the property
115     located within a project area and on which tax increment is collected; and
116          (B) the number that represents the adjusted tax increment from that project area that is
117     paid to the agency;
118          (iii) for an authority created under Section 63H-1-201, the amount calculated by
119     multiplying:
120          (A) the difference between the taxable value and the base taxable value of the property

121     located within a project area and on which property tax allocation is collected; and
122          (B) the number that represents the percentage of the property tax allocation from that
123     project area that is paid to the authority; or
124          (iv) for a host local government, an amount calculated by multiplying:
125          (A) the difference between the taxable value and the base taxable value of the hotel
126     property on which incremental property tax revenue is collected; and
127          (B) the number that represents the percentage of the incremental property tax revenue
128     from that hotel property that is paid to the host local government.
129          (o) (i) "Locally assessed new growth" means the greater of:
130          (A) zero; or
131          (B) the amount calculated by subtracting the year end taxable value of real property the
132     county assessor assesses in accordance with Part 3, County Assessment, for the previous year,
133     adjusted for prior year end incremental value from the taxable value of real property the county
134     assessor assesses in accordance with Part 3, County Assessment, for the current year, adjusted
135     for current year incremental value.
136          (ii) "Locally assessed new growth" does not include a change in:
137          (A) value as a result of factoring in accordance with Section 59-2-704, reappraisal, or
138     another adjustment;
139          (B) assessed value based on whether a property is allowed a residential exemption for a
140     primary residence under Section 59-2-103;
141          (C) assessed value based on whether a property is assessed under Part 5, Farmland
142     Assessment Act; or
143          (D) assessed value based on whether a property is assessed under Part 17, Urban
144     Farming Assessment Act.
145          (p) "Project area" means:
146          (i) for an authority created under Section 11-58-201, the same as that term is defined in
147     Section 11-58-102;
148          (ii) for an agency created under Section 17C-1-201.5, the same as that term is defined
149     in Section 17C-1-102; or
150          (iii) for an authority created under Section 63H-1-201, the same as that term is defined
151     in Section 63H-1-102.

152          (q) "Project area new growth" means:
153          (i) for an authority created under Section 11-58-201, an amount equal to the
154     incremental value that is no longer provided to an authority as property tax differential;
155          (ii) for an agency created under Section 17C-1-201.5, an amount equal to the
156     incremental value that is no longer provided to an agency as tax increment; or
157          (iii) for an authority created under Section 63H-1-201, an amount equal to the
158     incremental value that is no longer provided to an authority as property tax allocation.
159          (r) "Project area incremental revenue" means the same as that term is defined in
160     Section 17C-1-1001.
161          (s) "Property tax allocation" means the same as that term is defined in Section
162     63H-1-102.
163          (t) "Property tax differential" means the same as that term is defined in Section
164     11-58-102.
165          (u) "Qualifying exempt revenue" means revenue received:
166          (i) for the previous calendar year;
167          (ii) by a taxing entity;
168          (iii) from tangible personal property contained on the prior year's tax rolls that is
169     exempt from property tax under Subsection 59-2-1115(2)(b) for a calendar year beginning on
170     January 1, 2022; and
171          (iv) on the aggregate 2021 year end taxable value of the tangible personal property that
172     exceeds $15,300.
173          (v) "Tax increment" means the same as that term is defined in Section 17C-1-102.
174          (2) Before June 1 of each year, the county assessor of each county shall deliver to the
175     county auditor and the commission the following statements:
176          (a) a statement containing the aggregate valuation of all taxable real property a county
177     assessor assesses in accordance with Part 3, County Assessment, for each taxing entity; and
178          (b) a statement containing the taxable value of all personal property a county assessor
179     assesses in accordance with Part 3, County Assessment, from the prior year end values.
180          (3) The county auditor shall, on or before June 8, transmit to the governing body of
181     each taxing entity:
182          (a) the statements described in Subsections (2)(a) and (b);

183          (b) an estimate of the revenue from personal property;
184          (c) the certified tax rate; and
185          (d) all forms necessary to submit a tax levy request.
186          (4) (a) Except as otherwise provided in this section, the certified tax rate shall be
187     calculated by dividing the ad valorem property tax revenue that a taxing entity budgeted for the
188     prior year minus the qualifying exempt revenue by the amount calculated under Subsection
189     (4)(b).
190          (b) For purposes of Subsection (4)(a), the legislative body of a taxing entity shall
191     calculate an amount as follows:
192          (i) calculate for the taxing entity the difference between:
193          (A) the aggregate taxable value of all property taxed; and
194          (B) any adjustments for current year incremental value;
195          (ii) after making the calculation required by Subsection (4)(b)(i), calculate an amount
196     determined by increasing or decreasing the amount calculated under Subsection (4)(b)(i) by the
197     average of the percentage net change in the value of taxable property for the equalization
198     period for the three calendar years immediately preceding the current calendar year;
199          (iii) after making the calculation required by Subsection (4)(b)(ii), calculate the product
200     of:
201          (A) the amount calculated under Subsection (4)(b)(ii); and
202          (B) the percentage of property taxes collected for the five calendar years immediately
203     preceding the current calendar year; and
204          (iv) after making the calculation required by Subsection (4)(b)(iii), calculate an amount
205     determined by:
206          (A) multiplying the percentage of property taxes collected for the five calendar years
207     immediately preceding the current calendar year by eligible new growth; and
208          (B) subtracting the amount calculated under Subsection (4)(b)(iv)(A) from the amount
209     calculated under Subsection (4)(b)(iii).
210          (5) A certified tax rate for a taxing entity described in this Subsection (5) shall be
211     calculated as follows:
212          (a) except as provided in Subsection (5)(b) or (c), for a new taxing entity, the certified
213     tax rate is zero;

214          (b) for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
215          (i) in a county of the first, second, or third class, the levy imposed for municipal-type
216     services under Sections 17-34-1 and 17-36-9; and
217          (ii) in a county of the fourth, fifth, or sixth class, the levy imposed for general county
218     purposes and such other levies imposed solely for the municipal-type services identified in
219     Section 17-34-1 and Subsection 17-36-3(23);
220          (c) for a community reinvestment agency that received all or a portion of a taxing
221     entity's project area incremental revenue in the prior year under Title 17C, Chapter 1, Part 10,
222     Agency Taxing Authority, the certified tax rate is calculated as described in Subsection (4)
223     except that the commission shall treat the total revenue transferred to the community
224     reinvestment agency as ad valorem property tax revenue that the taxing entity budgeted for the
225     prior year; and
226          (d) for debt service voted on by the public, the certified tax rate is the actual levy
227     imposed by that section, except that a certified tax rate for the following levies shall be
228     calculated in accordance with Section 59-2-913 and this section:
229          (i) a school levy provided for under Section 53F-8-301, 53F-8-302, [or] 53F-8-303, or
230     53F-8-304; and
231          (ii) a levy to pay for the costs of state legislative mandates or judicial or administrative
232     orders under Section 59-2-1602.
233          (6) (a) A judgment levy imposed under Section 59-2-1328 or 59-2-1330 may be
234     imposed at a rate that is sufficient to generate only the revenue required to satisfy one or more
235     eligible judgments.
236          (b) The ad valorem property tax revenue generated by a judgment levy described in
237     Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax
238     rate.
239          (7) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
240          (i) the taxable value of real property:
241          (A) the county assessor assesses in accordance with Part 3, County Assessment; and
242          (B) contained on the assessment roll;
243          (ii) the year end taxable value of personal property:
244          (A) a county assessor assesses in accordance with Part 3, County Assessment; and

245          (B) contained on the prior year's assessment roll; and
246          (iii) the taxable value of real and personal property the commission assesses in
247     accordance with Part 2, Assessment of Property.
248          (b) For purposes of Subsection (7)(a), taxable value does not include eligible new
249     growth.
250          (8) (a) On or before June 30, a taxing entity shall annually adopt a tentative budget.
251          (b) If a taxing entity intends to exceed the certified tax rate, the taxing entity shall
252     notify the county auditor of:
253          (i) the taxing entity's intent to exceed the certified tax rate; and
254          (ii) the amount by which the taxing entity proposes to exceed the certified tax rate.
255          (c) The county auditor shall notify property owners of any intent to levy a tax rate that
256     exceeds the certified tax rate in accordance with Sections 59-2-919 and 59-2-919.1.
257          (9) (a) Subject to Subsection (9)(d), the commission shall provide notice, through
258     electronic means on or before July 31, to a taxing entity and the Revenue and Taxation Interim
259     Committee if:
260          (i) the amount calculated under Subsection (9)(b) is 10% or more of the year end
261     taxable value of the real and personal property the commission assesses in accordance with
262     Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental
263     value; and
264          (ii) the amount calculated under Subsection (9)(c) is 50% or more of the total year end
265     taxable value of the real and personal property of a taxpayer the commission assesses in
266     accordance with Part 2, Assessment of Property, for the previous year.
267          (b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by
268     subtracting the taxable value of real and personal property the commission assesses in
269     accordance with Part 2, Assessment of Property, for the current year, adjusted for current year
270     incremental value, from the year end taxable value of the real and personal property the
271     commission assesses in accordance with Part 2, Assessment of Property, for the previous year,
272     adjusted for prior year end incremental value.
273          (c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by
274     subtracting the total taxable value of real and personal property of a taxpayer the commission
275     assesses in accordance with Part 2, Assessment of Property, for the current year, from the total

276     year end taxable value of the real and personal property of a taxpayer the commission assesses
277     in accordance with Part 2, Assessment of Property, for the previous year.
278          (d) The notification under Subsection (9)(a) shall include a list of taxpayers that meet
279     the requirement under Subsection (9)(a)(ii).
280          Section 3. Retrospective operation.
281          This bill has retrospective operation to January 1, 2022.