Senator Lincoln Fillmore proposes the following substitute bill:


1     
PROPERTY TAX REFUND AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Susan Pulsipher

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to property tax refunds.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a county, following an appeal to the county's board of equalization, to issue
13     any warranted property tax refund to the taxpayer that paid the property taxes; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          59-2-1004, as last amended by Laws of Utah 2022, Chapter 168
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 59-2-1004 is amended to read:
25          59-2-1004. Appeal to county board of equalization -- Real property -- Time

26     period for appeal -- Public hearing requirements -- Decision of board -- Extensions
27     approved by commission -- Appeal to commission.
28          (1) As used in this section:
29          (a) "Final assessed value" means:
30          (i) for real property for which the taxpayer appealed the valuation or equalization to the
31     county board of equalization in accordance with this section, the value given to the real
32     property by the county board of equalization, including a value based on a stipulation of the
33     parties;
34          (ii) for real property for which the taxpayer or a county assessor appealed the valuation
35     or equalization to the commission in accordance with Section 59-2-1006, the value given to the
36     real property by:
37          (A) the commission, if the commission has issued a decision in the appeal or the
38     parties have entered a stipulation; or
39          (B) a county board of equalization, if the commission has not yet issued a decision in
40     the appeal and the parties have not entered a stipulation; or
41          (iii) for real property for which the taxpayer or a county assessor sought judicial review
42     of the valuation or equalization in accordance with Section 59-1-602 or Title 63G, Chapter 4,
43     Part 4, Judicial Review, the value given the real property by the commission.
44          (b) "Inflation adjusted value" means the value of the real property that is the subject of
45     the appeal as calculated by changing the final assessed value for the previous taxable year for
46     the real property by the median property value change.
47          (c) "Median property value change" means the midpoint of the property value changes
48     for all real property that is:
49          (i) of the same class of real property as the qualified real property; and
50          (ii) located within the same county and within the same market area as the qualified
51     real property.
52          (d) "Property value change" means the percentage change in the fair market value of
53     real property on or after January 1 of the previous year and before January 1 of the current year.
54          (e) "Qualified real property" means real property:
55          (i) for which:
56          (A) the taxpayer or a county assessor appealed the valuation or equalization for the

57     previous taxable year to the county board of equalization in accordance with this section or the
58     commission in accordance with Section 59-2-1006;
59          (B) the appeal described in Subsection (1)(e)(i)(A), resulted in a final assessed value
60     that was lower than the assessed value; and
61          (C) the assessed value for the current taxable year is higher than the inflation adjusted
62     value; and
63          (ii) that, on or after January 1 of the previous taxable year and before January 1 of the
64     current taxable year, has not had a qualifying change.
65          (f) "Qualifying change" means one of the following changes to real property that
66     occurs on or after January 1 of the previous taxable year and before January 1 of the current
67     taxable year:
68          (i) a physical improvement if, solely as a result of the physical improvement, the fair
69     market value of the physical improvement equals or exceeds the greater of 10% of fair market
70     value of the real property or $20,000;
71          (ii) a zoning change, if the fair market value of the real property increases solely as a
72     result of the zoning change; or
73          (iii) a change in the legal description of the real property, if the fair market value of the
74     real property increases solely as a result of the change in the legal description of the real
75     property.
76          (2) (a) A taxpayer dissatisfied with the valuation or the equalization of the taxpayer's
77     real property may make an application to appeal by:
78          (i) filing the application with the county board of equalization within the time period
79     described in Subsection (3); or
80          (ii) making an application by telephone or other electronic means within the time
81     period described in Subsection (3) if the county legislative body passes a resolution under
82     Subsection [(9)] (10) authorizing a taxpayer to make an application by telephone or other
83     electronic means.
84          (b) (i) The county board of equalization shall make a rule describing the contents of the
85     application.
86          (ii) In addition to any information the county board of equalization requires, the
87     application shall include information about:

88          (A) the burden of proof in an appeal involving qualified real property; and
89          (B) the process for the taxpayer to learn the inflation adjusted value of the qualified
90     real property.
91          (c) (i) (A) The county assessor shall notify the county board of equalization of a
92     qualified real property's inflation adjusted value within 15 business days after the date on which
93     the county assessor receives notice that a taxpayer filed an appeal with the county board of
94     equalization.
95          (B) The county assessor shall notify the commission of a qualified real property's
96     inflation adjusted value within 15 business days after the date on which the county assessor
97     receives notice that a person dissatisfied with the decision of a county board of equalization
98     files an appeal with the commission.
99          (ii) (A) A person may not appeal a county assessor's calculation of inflation adjusted
100     value but may appeal the fair market value of a qualified real property.
101          (B) A person may appeal a determination of whether, on or after January 1 of the
102     previous taxable year and before January 1 of the current taxable year, real property had a
103     qualifying change.
104          (3) (a) Except as provided in Subsection (3)(b) and for purposes of Subsection (2), a
105     taxpayer shall make an application to appeal the valuation or the equalization of the taxpayer's
106     real property on or before the later of:
107          (i) September 15 of the current calendar year; or
108          (ii) the last day of a 45-day period beginning on the day on which the county auditor
109     provides the notice under Section 59-2-919.1.
110          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
111     commission shall make rules providing for circumstances under which the county board of
112     equalization is required to accept an application to appeal that is filed after the time period
113     prescribed in Subsection (3)(a).
114          (4) (a) Except as provided in Subsection (4)(b), the taxpayer shall include in the
115     application under Subsection (2)(a):
116          (i) the taxpayer's estimate of the fair market value of the property and any evidence that
117     may indicate that the assessed valuation of the taxpayer's property is improperly equalized with
118     the assessed valuation of comparable properties; and

119          (ii) a signed statement of the personal property located in a multi-tenant residential
120     property, as that term is defined in Section 59-2-301.8 if the taxpayer:
121          (A) appeals the value of multi-tenant residential property assessed in accordance with
122     Section 59-2-301.8; and
123          (B) intends to contest the value of the personal property located within the multi-tenant
124     residential property.
125          (b) (i) For an appeal involving qualified real property:
126          (A) the county board of equalization shall presume that the fair market value of the
127     qualified real property is equal to the inflation adjusted value; and
128          (B) except as provided in Subsection (4)(b)(ii), the taxpayer may provide the
129     information described in Subsection (4)(a).
130          (ii) If the taxpayer seeks to prove that the fair market value of the qualified real
131     property is below the inflation adjusted value, the taxpayer shall provide the information
132     described in Subsection (4)(a).
133          (5) In reviewing evidence submitted to a county board of equalization by or on behalf
134     of an owner or a county assessor, the county board of equalization shall consider and weigh:
135          (a) the accuracy, reliability, and comparability of the evidence presented by the owner
136     or the county assessor;
137          (b) if submitted, the sales price of relevant property that was under contract for sale as
138     of the lien date but sold after the lien date;
139          (c) if submitted, the sales offering price of property that was offered for sale as of the
140     lien date but did not sell, including considering and weighing the amount of time for which,
141     and manner in which, the property was offered for sale; and
142          (d) if submitted, other evidence that is relevant to determining the fair market value of
143     the property.
144          (6) (a) Except as provided in Subsection [(6)(c)] (6)(b), at least five days before the day
145     on which the county board of equalization holds a public hearing on an appeal:
146          (i) the county assessor shall provide the taxpayer any evidence the county assessor
147     relies upon in support of the county assessor's valuation; and
148          (ii) the taxpayer shall provide the county assessor any evidence not previously provided
149     to the county assessor that the taxpayer relies upon in support of the taxpayer's appeal.

150          (b) (i) The deadline described in Subsection (6)(a) does not apply to evidence that is
151     commercial information as defined in Section 59-1-404, if:
152          (A) for the purpose of complying with Section 59-1-404, the county assessor requires
153     that the taxpayer execute a nondisclosure agreement before the county assessor discloses the
154     evidence; and
155          (B) the taxpayer fails to execute the nondisclosure agreement before the deadline
156     described in Subsection (6)(a).
157          (ii) The county assessor shall disclose evidence described in Subsection (6)(b)(i) as
158     soon as practicable after the county assessor receives the executed nondisclosure agreement.
159          (iii) The county assessor shall provide the taxpayer a copy of the nondisclosure
160     agreement with reasonable time for the taxpayer to review and execute the agreement before
161     the deadline described in Subsection (6)(a) expires.
162          (c) If at the public hearing, a party presents evidence not previously provided to the
163     other party, the county board of equalization shall allow the other party to respond to the
164     evidence in writing within 10 days after the day on which the public hearing occurs.
165          (d) (i) A county board of equalization may adopt rules governing the deadlines
166     described in this Subsection (6), if the rules are no less stringent than the provisions of this
167     Subsection (6).
168          (ii) A county board of equalization's rule that complies with Subsection (6)(d)(i)
169     controls over the provisions of this subsection.
170          (7) (a) The county board of equalization shall meet and hold public hearings as
171     described in Section 59-2-1001.
172          (b) (i) For purposes of this Subsection (7)(b), "significant adjustment" means a
173     proposed adjustment to the valuation of real property that:
174          (A) is to be made by a county board of equalization; and
175          (B) would result in a valuation that differs from the original assessed value by at least
176     20% and $1,000,000.
177          (ii) When a county board of equalization is going to consider a significant adjustment,
178     the county board of equalization shall:
179          (A) list the significant adjustment as a separate item on the agenda of the public
180     hearing at which the county board of equalization is going to consider the significant

181     adjustment; and
182          (B) for purposes of the agenda described in Subsection (7)(b)(ii)(A), provide a
183     description of the property for which the county board of equalization is considering a
184     significant adjustment.
185          (c) The county board of equalization shall make a decision on each appeal filed in
186     accordance with this section within 60 days after the day on which the taxpayer makes an
187     application.
188          (d) The commission may approve the extension of a time period provided for in
189     Subsection (7)(c) for a county board of equalization to make a decision on an appeal.
190          (e) Unless the commission approves the extension of a time period under Subsection
191     (7)(d), if a county board of equalization fails to make a decision on an appeal within the time
192     period described in Subsection (7)(c), the county legislative body shall:
193          (i) list the appeal, by property owner and parcel number, on the agenda for the next
194     meeting the county legislative body holds after the expiration of the time period described in
195     Subsection (7)(c); and
196          (ii) hear the appeal at the meeting described in Subsection (7)(e)(i).
197          (f) The decision of the county board of equalization shall contain:
198          (i) a determination of the valuation of the property based on fair market value; and
199          (ii) a conclusion that the fair market value is properly equalized with the assessed value
200     of comparable properties.
201          (g) If no evidence is presented before the county board of equalization, the county
202     board of equalization shall presume that the equalization issue has been met.
203          (h) (i) If the fair market value of the property that is the subject of the appeal deviates
204     plus or minus 5% from the assessed value of comparable properties, the county board of
205     equalization shall adjust the valuation of the appealed property to reflect a value equalized with
206     the assessed value of comparable properties.
207          (ii) Subject to Sections 59-2-301.1, 59-2-301.2, 59-2-301.3, and 59-2-301.4, equalized
208     value established under Subsection (7)(h)(i) shall be the assessed value for property tax
209     purposes until the county assessor is able to evaluate and equalize the assessed value of all
210     comparable properties to bring all comparable properties into conformity with full fair market
211     value.

212          (8) (a) If the decision of the county board of equalization warrants a refund of any
213     amount of property taxes paid for the tax year for the real property that is the subject of the
214     appeal, the county shall issue the refund directly to the taxpayer that paid the property taxes, or
215     an officer or agent of that taxpayer as identified in the information provided under Subsection
216     (8)(b), regardless of whether the taxpayer is the owner of record of the real property at the time
217     the decision is rendered.
218          (b) A taxpayer entitled to a refund under this section that is not the owner of record of
219     the real property subject to the appeal shall, within 10 calendar days after the day on which the
220     decision of the county board of equalization is rendered, provide the following information to
221     the county board of equalization:
222          (i) a statement that the taxpayer is entitled to receive the refund under Subsection
223     (8)(a);
224          (ii) the name of the taxpayer, or an officer or agent of that taxpayer, entitled to receive
225     the refund;
226          (iii) the mailing address of the taxpayer, or an officer or agent of that taxpayer, to
227     which the taxpayer requests the refund to be sent; and
228          (iv) any other information requested by the county board of equalization.
229          [(8)] (9) If any taxpayer is dissatisfied with the decision of the county board of
230     equalization, the taxpayer may file an appeal with the commission as described in Section
231     59-2-1006.
232          [(9)] (10) A county legislative body may pass a resolution authorizing taxpayers owing
233     taxes on property assessed by that county to file property tax appeals applications under this
234     section by telephone or other electronic means.
235          Section 2. Effective date.
236          This bill takes effect on May 1, 2024.