Representative Michael L. Kohler proposes the following substitute bill:




Chief Sponsor: Michael L. Kohler

Senate Sponsor: David P. Hinkins


8     General Description:
9          This bill modifies provisions regarding the training and recertification of county
10     assessors.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that the State Tax Commission will conduct an education and training
14     program for county assessors;
15          ▸     provides that the education and training program focus on statutory obligations and
16     mass appraisal techniques; and
17          ▸     provides for a penalty for a county assessor who fails to comply with the education
18     and training requirement.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          59-2-303.1, as last amended by Laws of Utah 2016, Chapter 135

26     ENACTS:
27          59-2-702.5, Utah Code Annotated 1953

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 59-2-303.1 is amended to read:
31          59-2-303.1. Mandatory cyclical appraisals.
32          (1) For purposes of this section:
33          (a) "Corrective action" includes:
34          (i) factoring pursuant to Section 59-2-704;
35          (ii) notifying the state auditor that the county failed to comply with the requirements of
36     this section; or
37          (iii) filing a petition for a court order requiring a county to take action.
38          (b) "Mass appraisal system" means a computer assisted mass appraisal system that:
39          (i) a county assessor uses to value real property; and
40          (ii) includes at least the following system features:
41          (A) has the ability to update all parcels of real property located within the county each
42     year;
43          (B) can be programmed with specialized criteria;
44          (C) provides uniform and equal treatment of parcels within the same class of real
45     property throughout the county; and
46          (D) annually updates all parcels of residential real property within the county using
47     accepted valuation methodologies as determined by rule.
48          (c) "Property review date" means the date a county assessor completes a detailed
49     review of the property characteristics of a parcel of real property in accordance with Subsection
50     (3)(a).
51          (2) (a) The county assessor shall annually update property values of property as
52     provided in Section 59-2-301 based on a systematic review of current market data.
53          (b) The county assessor shall conduct the annual update described in Subsection (2)(a)
54     by using a mass appraisal system on or before the following:
55          (i) for a county of the first class, January 1, 2009;
56          (ii) for a county of the second class, January 1, 2011;

57          (iii) for a county of the third class, January 1, 2014; and
58          (iv) for a county of the fourth, fifth, or sixth class, January 1, 2015.
59          (c) The county assessor and the commission shall jointly certify that the county's mass
60     appraisal system meets the requirements:
61          (i) described in Subsection (1)(b); and
62          (ii) of the commission.
63          (3) (a) In addition to the requirements in Subsection (2), the county assessor shall
64     complete a detailed review of property characteristics for each property at least once every five
65     years.
66          (b) The county assessor shall maintain on the county's [computer system,] mass
67     appraisal system a record of the last property review date for each parcel of real property
68     located within the county assessor's county.
69          (c) (i) The county assessor shall maintain on the county's mass appraisal system a
70     parcel's property tax class or category that is used for the purpose of assessment for property
71     tax purposes on the annual assessment date.
72          (ii) The classifications or categories of real property under Subsection (3)(c)(i) shall
73     include, at minimum:
74          (A) primary residential;
75          (B) commercial;
76          (C) vacant land;
77          (D) secondary residential; and
78          (E) non-taxable.
79          (iii) The classifications or categories of real property used by the county assessor, and
80     the classification or category applied to a specific parcel, is public information.
81          (4) (a) The commission shall take corrective action if the commission determines that:
82          (i) a county assessor has not satisfactorily followed the current mass appraisal
83     standards, as provided by law;
84          (ii) the sales-assessment ratio, coefficients of dispersion, or other statistical measures
85     of appraisal performance related to the studies required by Section 59-2-704 are not within the
86     standards provided by law; or
87          (iii) the county assessor has failed to comply with the requirements of this section.

88          (b) If a county assessor fails to comply with the requirements of this section for one
89     year, the commission shall assist the county assessor in fulfilling the requirements of
90     Subsections (2) and (3).
91          (c) If a county assessor fails to comply with the requirements of this section for two
92     consecutive years, the county will lose the county's allocation of the revenue generated
93     statewide from the imposition of the multicounty assessing and collecting levy authorized in
94     Sections 59-2-1602 and 59-2-1603.
95          (d) If a county loses its allocation of the revenue generated statewide from the
96     imposition of the multicounty assessing and collecting levy described in Subsection (4)(c), the
97     revenue the county would have received shall be distributed to the Multicounty Appraisal Trust
98     created by interlocal agreement by all counties in the state.
99          (5) (a) On or before July 1, 2008, the county assessor shall prepare a five-year plan to
100     comply with the requirements of Subsections (2) and (3).
101          (b) The plan shall be available in the county assessor's office for review by the public
102     upon request.
103          (c) The plan shall be annually reviewed and revised as necessary.
104          (6) A county assessor shall create, maintain, and regularly update a database containing
105     the following information that the county assessor may use to enhance the county's ability to
106     accurately appraise and assess property on an annual basis:
107          (a) fee and other appraisals;
108          (b) property characteristics and features;
109          (c) property surveys;
110          (d) sales data; and
111          (e) any other data or information on sales, studies, transfers, changes to property, or
112     property characteristics.
113          Section 2. Section 59-2-702.5 is enacted to read:
114          59-2-702.5. Education and training -- Continuing education for county assessors.
115          (1) (a) The commission shall conduct a program of education and training for county
116     assessors that offers instruction on:
117          (i) a county assessor's statutory obligations; and
118          (ii) the practical application of mass appraisal techniques to satisfy a county assessor's

119     statutory obligations.
120          (b) The commission shall confer a designation of completion upon a county assessor
121     each time that the county assessor completes the program under Subsection (1)(a).
122          (2) (a) A county assessor shall obtain a designation of completion under Subsection
123     (1)(b) within 12 months after the start of each term of office.
124          (b) If a county assessor fails to obtain a designation of completion in accordance with
125     Subsection (2)(a), the commission shall take corrective action, as defined in Section
126     59-2-303.1.