Representative Norman K Thurston proposes the following substitute bill:


1     
RESIDENTIAL VALUATION APPEAL PROCEDURES AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: Daniel McCay

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to appeals involving the valuation or equalization
10     of residential property.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     describes the types of evidence that a county board of equalization or hearing officer
15     may consider in weighing the accuracy of certain sales price information involving
16     residential property;
17          ▸     requires a county board of equalization, in certain appeals involving residential
18     property, to only consider evidence submitted by the parties; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides retrospective operation.
24          This bill provides coordination clauses.
25     Utah Code Sections Affected:

26     AMENDS:
27          59-2-1004, as last amended by Laws of Utah 2022, Chapter 168
28     Utah Code Sections Affected By Coordination Clause:
29          59-2-1004, as last amended by Laws of Utah 2022, Chapter 168
30     

31     Be it enacted by the Legislature of the state of Utah:
32     The following section is affected by a coordination clause at the end of this bill.
33          Section 1. Section 59-2-1004 is amended to read:
34          59-2-1004. Appeal to county board of equalization -- Real property -- Time
35     period for appeal -- Public hearing requirements -- Decision of board -- Extensions
36     approved by commission -- Appeal to commission.
37          (1) As used in this section:
38          (a) "Applicable lien date" means January 1 of the year in which the valuation or
39     equalization of real property is appealed to the county board of equalization.
40          [(a)] (b) "Final assessed value" means:
41          (i) for real property for which the taxpayer appealed the valuation or equalization to the
42     county board of equalization in accordance with this section, the value given to the real
43     property by the county board of equalization, including a value based on a stipulation of the
44     parties;
45          (ii) for real property for which the taxpayer or a county assessor appealed the valuation
46     or equalization to the commission in accordance with Section 59-2-1006, the value given to the
47     real property by:
48          (A) the commission, if the commission has issued a decision in the appeal or the
49     parties have entered a stipulation; or
50          (B) a county board of equalization, if the commission has not yet issued a decision in
51     the appeal and the parties have not entered a stipulation; or
52          (iii) for real property for which the taxpayer or a county assessor sought judicial review
53     of the valuation or equalization in accordance with Section 59-1-602 or Title 63G, Chapter 4,
54     Part 4, Judicial Review, the value given the real property by the commission.
55          [(b)] (c) "Inflation adjusted value" means the value of the real property that is the
56     subject of the appeal as calculated by changing the final assessed value for the previous taxable

57     year for the real property by the median property value change.
58          [(c)] (d) "Median property value change" means the midpoint of the property value
59     changes for all real property that is:
60          (i) of the same class of real property as the qualified real property; and
61          (ii) located within the same county and within the same market area as the qualified
62     real property.
63          [(d)] (e) "Property value change" means the percentage change in the fair market value
64     of real property on or after January 1 of the previous year and before January 1 of the current
65     year.
66          [(e)] (f) "Qualified real property" means real property:
67          (i) for which:
68          (A) the taxpayer or a county assessor appealed the valuation or equalization for the
69     previous taxable year to the county board of equalization in accordance with this section or the
70     commission in accordance with Section 59-2-1006;
71          (B) the appeal described in Subsection [(1)(e)(i)(A)] (1)(f)(i)(A), resulted in a final
72     assessed value that was lower than the assessed value; and
73          (C) the assessed value for the current taxable year is higher than the inflation adjusted
74     value; and
75          (ii) that, on or after January 1 of the previous taxable year and before January 1 of the
76     current taxable year, has not had a qualifying change.
77          [(f)] (g) "Qualifying change" means one of the following changes to real property that
78     occurs on or after January 1 of the previous taxable year and before January 1 of the current
79     taxable year:
80          (i) a physical improvement if, solely as a result of the physical improvement, the fair
81     market value of the physical improvement equals or exceeds the greater of 10% of fair market
82     value of the real property or $20,000;
83          (ii) a zoning change, if the fair market value of the real property increases solely as a
84     result of the zoning change; or
85          (iii) a change in the legal description of the real property, if the fair market value of the
86     real property increases solely as a result of the change in the legal description of the real
87     property.

88          (h) "Qualifying contract" means a contract for the completed sale of residential
89     property that:
90          (i) involves residential property for which a taxpayer appealed the valuation or
91     equalization to the county board of equalization;
92          (ii) identifies the final sales price for the residential property described in Subsection
93     (1)(h)(i); and
94          (iii) is executed within six months before or after the applicable lien date.
95          (2) (a) A taxpayer dissatisfied with the valuation or the equalization of the taxpayer's
96     real property may make an application to appeal by:
97          (i) filing the application with the county board of equalization within the time period
98     described in Subsection (3); or
99          (ii) making an application by telephone or other electronic means within the time
100     period described in Subsection (3) if the county legislative body passes a resolution under
101     Subsection [(9)] (10) authorizing a taxpayer to make an application by telephone or other
102     electronic means.
103          (b) (i) The county board of equalization shall make a rule describing the contents of the
104     application.
105          (ii) In addition to any information the county board of equalization requires, the
106     application shall include information about:
107          (A) the burden of proof in an appeal involving qualified real property; and
108          (B) the process for the taxpayer to learn the inflation adjusted value of the qualified
109     real property.
110          (c) (i) (A) The county assessor shall notify the county board of equalization of a
111     qualified real property's inflation adjusted value within 15 business days after the date on which
112     the county assessor receives notice that a taxpayer filed an appeal with the county board of
113     equalization.
114          (B) The county assessor shall notify the commission of a qualified real property's
115     inflation adjusted value within 15 business days after the date on which the county assessor
116     receives notice that a person dissatisfied with the decision of a county board of equalization
117     files an appeal with the commission.
118          (ii) (A) A person may not appeal a county assessor's calculation of inflation adjusted

119     value but may appeal the fair market value of a qualified real property.
120          (B) A person may appeal a determination of whether, on or after January 1 of the
121     previous taxable year and before January 1 of the current taxable year, real property had a
122     qualifying change.
123          (3) (a) Except as provided in Subsection (3)(b) and for purposes of Subsection (2), a
124     taxpayer shall make an application to appeal the valuation or the equalization of the taxpayer's
125     real property on or before the later of:
126          (i) September 15 of the current calendar year; or
127          (ii) the last day of a 45-day period beginning on the day on which the county auditor
128     provides the notice under Section 59-2-919.1.
129          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
130     commission shall make rules providing for circumstances under which the county board of
131     equalization is required to accept an application to appeal that is filed after the time period
132     prescribed in Subsection (3)(a).
133          (4) (a) Except as provided in Subsection (4)(b), the taxpayer shall include in the
134     application under Subsection (2)(a):
135          (i) the taxpayer's estimate of the fair market value of the property and any evidence that
136     may indicate that the assessed valuation of the taxpayer's property is improperly equalized with
137     the assessed valuation of comparable properties; and
138          (ii) a signed statement of the personal property located in a multi-tenant residential
139     property, as that term is defined in Section 59-2-301.8 if the taxpayer:
140          (A) appeals the value of multi-tenant residential property assessed in accordance with
141     Section 59-2-301.8; and
142          (B) intends to contest the value of the personal property located within the multi-tenant
143     residential property.
144          (b) (i) For an appeal involving qualified real property:
145          (A) the county board of equalization shall presume that the fair market value of the
146     qualified real property is equal to the inflation adjusted value; and
147          (B) except as provided in Subsection (4)(b)(ii), the taxpayer may provide the
148     information described in Subsection (4)(a).
149          (ii) If the taxpayer seeks to prove that the fair market value of the qualified real

150     property is below the inflation adjusted value, the taxpayer shall provide the information
151     described in Subsection (4)(a).
152          (5) [In] Subject to Subsection (6), in reviewing evidence submitted to a county board
153     of equalization by or on behalf of an owner or a county assessor, the county board of
154     equalization shall consider and weigh:
155          (a) the accuracy, reliability, and comparability of the evidence presented by the owner
156     or the county assessor;
157          (b) if submitted, the sales price of relevant property that was under contract for sale as
158     of the lien date but sold after the lien date;
159          (c) if submitted, the sales offering price of property that was offered for sale as of the
160     lien date but did not sell, including considering and weighing the amount of time for which,
161     and manner in which, the property was offered for sale; and
162          (d) if submitted, other evidence that is relevant to determining the fair market value of
163     the property.
164          (6) (a) This Subsection (6) applies only to an appeal to a county board of equalization
165     involving the valuation or equalization of residential property that is not qualified real property.
166          (b) There is no presumption of correctness for evidence submitted in an appeal
167     described in Subsection (6)(a), including the original assessed value of the residential property.
168          (c) If a qualifying contract is submitted as evidence in an appeal described in
169     Subsection (6)(a), the only evidence that the county board of equalization or hearing officer
170     may consider to determine that the final sales price identified in the qualifying contract does
171     not provide an accurate or reliable indication of the fair market value of the residential property
172     is evidence of the following, if submitted:
173          (i) evidence disputing the nature of the qualifying contract as an arms-length
174     transaction;
175          (ii) evidence demonstrating that changes in market conditions have occurred in the
176     time period between the day on which the qualifying contract was executed and the applicable
177     lien date; or
178          (iii) evidence demonstrating that a qualifying change to the residential property has
179     occurred in the time period between the day on which the qualifying contract was executed and
180     the applicable lien date.

181          (d) In determining the fair market value of residential property in an appeal described
182     in Subsection (6)(a), the county board of equalization may not consider any evidence or
183     information other than the evidence submitted to the county board of equalization by the
184     parties in the appeal.
185          [(6)] (7) (a) Except as provided in Subsection [(6)(c)] (7)(c), at least five days before
186     the day on which the county board of equalization holds a public hearing on an appeal:
187          (i) the county assessor shall provide the taxpayer any evidence the county assessor
188     relies upon in support of the county assessor's valuation; and
189          (ii) the taxpayer shall provide the county assessor any evidence not previously provided
190     to the county assessor that the taxpayer relies upon in support of the taxpayer's appeal.
191          (b) (i) The deadline described in Subsection [(6)(a)] (7)(a) does not apply to evidence
192     that is commercial information as defined in Section 59-1-404, if:
193          (A) for the purpose of complying with Section 59-1-404, the county assessor requires
194     that the taxpayer execute a nondisclosure agreement before the county assessor discloses the
195     evidence; and
196          (B) the taxpayer fails to execute the nondisclosure agreement before the deadline
197     described in Subsection [(6)(a)] (7)(a).
198          (ii) The county assessor shall disclose evidence described in Subsection [(6)(b)(i)]
199     (7)(b)(i) as soon as practicable after the county assessor receives the executed nondisclosure
200     agreement.
201          (iii) The county assessor shall provide the taxpayer a copy of the nondisclosure
202     agreement with reasonable time for the taxpayer to review and execute the agreement before
203     the deadline described in Subsection [(6)(a)] (7)(a) expires.
204          (c) If at the public hearing, a party presents evidence not previously provided to the
205     other party, the county board of equalization shall allow the other party to respond to the
206     evidence in writing within 10 days after the day on which the public hearing occurs.
207          (d) (i) A county board of equalization may adopt rules governing the deadlines
208     described in this Subsection [(6)] (7), if the rules are no less stringent than the provisions of
209     this Subsection [(6)] (7).
210          (ii) A county board of equalization's rule that complies with Subsection [(6)(d)(i)]
211     (7)(d)(i) controls over the provisions of this subsection.

212          [(7)] (8) (a) The county board of equalization shall meet and hold public hearings as
213     described in Section 59-2-1001.
214          (b) (i) For purposes of this Subsection [(7)(b)] (8)(b), "significant adjustment" means a
215     proposed adjustment to the valuation of real property that:
216          (A) is to be made by a county board of equalization; and
217          (B) would result in a valuation that differs from the original assessed value by at least
218     20% and $1,000,000.
219          (ii) When a county board of equalization is going to consider a significant adjustment,
220     the county board of equalization shall:
221          (A) list the significant adjustment as a separate item on the agenda of the public
222     hearing at which the county board of equalization is going to consider the significant
223     adjustment; and
224          (B) for purposes of the agenda described in Subsection [(7)(b)(ii)(A)] (8)(b)(ii)(A),
225     provide a description of the property for which the county board of equalization is considering
226     a significant adjustment.
227          (c) The county board of equalization shall make a decision on each appeal filed in
228     accordance with this section within 60 days after the day on which the taxpayer makes an
229     application.
230          (d) The commission may approve the extension of a time period provided for in
231     Subsection [(7)(c)] (8)(c) for a county board of equalization to make a decision on an appeal.
232          (e) Unless the commission approves the extension of a time period under Subsection
233     [(7)(d)] (8)(d), if a county board of equalization fails to make a decision on an appeal within
234     the time period described in Subsection [(7)(c)] (8)(c), the county legislative body shall:
235          (i) list the appeal, by property owner and parcel number, on the agenda for the next
236     meeting the county legislative body holds after the expiration of the time period described in
237     Subsection [(7)(c)] (8)(c); and
238          (ii) hear the appeal at the meeting described in Subsection [(7)(e)(i)] (8)(e)(i).
239          (f) The decision of the county board of equalization shall contain:
240          (i) a determination of the valuation of the property based on fair market value; and
241          (ii) a conclusion that the fair market value is properly equalized with the assessed value
242     of comparable properties.

243          (g) If no evidence is presented before the county board of equalization, the county
244     board of equalization shall presume that the equalization issue has been met.
245          (h) (i) If the fair market value of the property that is the subject of the appeal deviates
246     plus or minus 5% from the assessed value of comparable properties, the county board of
247     equalization shall adjust the valuation of the appealed property to reflect a value equalized with
248     the assessed value of comparable properties.
249          (ii) Subject to Sections 59-2-301.1, 59-2-301.2, 59-2-301.3, and 59-2-301.4, equalized
250     value established under Subsection [(7)(h)(i)] (8)(h)(i) shall be the assessed value for property
251     tax purposes until the county assessor is able to evaluate and equalize the assessed value of all
252     comparable properties to bring all comparable properties into conformity with full fair market
253     value.
254          [(8)] (9) If any taxpayer is dissatisfied with the decision of the county board of
255     equalization, the taxpayer may file an appeal with the commission as described in Section
256     59-2-1006.
257          [(9)] (10) A county legislative body may pass a resolution authorizing taxpayers owing
258     taxes on property assessed by that county to file property tax appeals applications under this
259     section by telephone or other electronic means.
260          Section 2. Effective date.
261          This bill takes effect on May 1, 2024.
262          Section 3. Retrospective operation.
263          This bill has retrospective operation for a taxable year beginning on or after January 1,
264     2024.
265          Section 4. Coordinating H.B. 423 with S.B. 30.
266          (1) If H.B. 423, Residential Valuation Appeal Procedures Amendments, and S.B. 30,
267     Property Transaction Amendments, both pass and become law, the Legislature intends that, on
268     May 1, 2024, Subsection 59-2-1004(6)(b), enacted in H.B. 423, be deleted.
269          (2) Subsection (1) has retrospective operation for a taxable year beginning on or after
270     January 1, 2024.
271          Section 5. Coordinating H.B. 423 with S.B. 182.
272          (1) If H.B. 423, Residential Valuation Appeal Procedures Amendments, and S.B. 182,
273     Property Tax Assessment Amendments, both pass and become law, the Legislature intends

274     that, on May 1, 2024, Subsection 59-2-1004(6)(b), enacted in H.B. 423, be deleted.
275          (2) Subsection (1) has retrospective operation for a taxable year beginning on or after
276     January 1, 2024.