Amendment vs bill House Amendment 1 vs Comparison to Sub #3

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SB0078S04 compared with SB0078S03 {Omitted text} shows text that was in SB0078S03 but was omitted in SB0078S04 inserted text shows text that was not in SB0078S03 but was inserted into SB0078S04 DISCLAIMER:
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78 Property Tax Relief Amendments House Amendments Amendment 1 March 05, 2026 09:07 AM Representative R.
Therefore, you need to read the actual bills.
Neil Walter proposes the following amendments:
This automatically generated document could contain inaccuracies caused by:
1.
limitations of the compare program;
Line 1120 through 1128:
bad input data;
(ii) for the calendar year for which the exemption is granted;
or other causes.
or [(d)](b) for a veteran claimant:
Property Tax Relief Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
[(i)] [(A)](i) (A) the taxes due for which the county or the commission grants an exemption;
Daniel McCay House Sponsor:
and [(B)] {(ii)} (B) for the calendar year for which the exemption is granted[;
3 LONG TITLE General Description:
and] {.} ;
This bill modifies property tax relief provisions.
and (ii) a uniform fee on tangible personal property described in Section 59-2-405 that is:
Highlighted Provisions:
(A) owned by the veteran claimant;
This bill:
and (B) assessed for the calendar year for which the county grants an exemption.
▸ defines terms;
▸ authorizes counties to provide {specified forms of } certain property tax relief to qualifying individuals {within the county through county relief programs, at a county's discretion} through a country relief program;
▸ {establishes requirements for a county's provision of property tax relief through a county relief program, including requirements for:} ● {conducting a } establishes notice and public hearing {and providing notice } requirements B before {approving the } a county may approve a county relief programby ordinance;
0 ● {approving } requires a county to impose a separate county relief levy for the relief the county provides through a county relief program {by ordinance;
and} ;
S ● 0 SB0078S03 compared with SB0078S04 {imposing a county relief levy and distributing revenue collected from the levy to impacted taxing entities;} ▸ {clarifies appeal rights for individuals to whom a county denies property tax relief;} ▸ {provides for counties to obtain payment from the General Fund for the active duty armed forces exemption;} ▸ changes the qualifications, scope, duration, and {rates of } interest rate applicable to the {discretionary and } nondiscretionary {property tax } deferral {programs} program;
▸ authorizes the Multicounty Appraisal Trust to make loans {from money in the Property Tax Valuation Fund } to counties to pay the costs of {providing } granting nondiscretionary deferrals;
▸ repeals certain {existing } property tax relief {provisions} programs;
▸ includes a coordination clause to incorporate changes to Section 59-2-1602 in S.B.
206, Tax Amendments;
and ▸ makes technical and conforming changes.
Money Appropriated in this Bill:
▸ This bill appropriates $1,148,000 in operating and capital budgets for fiscal year 2027, all of which is from the General Fund.
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
59-2-919.1 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapter 518 59-2-924 (Effective 01/01/27), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 59-2-1317 (Effective 01/01/27), as last amended by Laws of Utah 2025, First Special Session, Chapter 17 59-2-1365 (Effective 01/01/27), as last amended by Laws of Utah 2018, Chapter 197 59-2-1601 (Effective 01/01/27), as last amended by Laws of Utah 2024, Chapter 263 59-2-1602 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapters 337, 484 59-2a-101 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 - 2 - SB0078S03 compared with SB0078S04 59-2a-102 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 59-2a-108 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 59-2a-109 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter {59-2a-601 (Effective 01/01/27), as enacted by Laws of Utah 2025, Chapter 172} {59-2a-602 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-702 (Effective 01/01/27), as enacted by Laws of Utah 2025, Chapter 172} 59-2a-902 (Effective 01/01/27), as enacted by Laws of Utah 2025, Chapter 172 63J-1-602.2 (Effective 01/01/27) (Partially Repealed 07/01/29), as last amended by Laws of Utah 2025, First Special Session, Chapter 17 ENACTS:
59-2a-112 (Effective 01/01/27), Utah Code Annotated 1953 59-2a-113 (Effective 01/01/27), Utah Code Annotated 1953 59-2a-114 (Effective 01/01/27), Utah Code Annotated 1953 REPEALS AND REENACTS:
{59-2a-102 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-103 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-104 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-105 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-701 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} 59-2a-901 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 REPEALS:
- 3 - SB0078S03 compared with SB0078S04 {59-2a-106 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-107 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-108 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-109 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-110 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} 59-2a-201 (Effective 01/01/27), as enacted by Laws of Utah 2025, Chapter 172 59-2a-202 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-203 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-204 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-205 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-206 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-301 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-302 (Effective 01/01/27), as enacted by Laws of Utah 2025, Chapter 172 59-2a-303 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-304 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-305 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-401 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 59-2a-402 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 {59-2a-501 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} {59-2a-502 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172} 59-2a-701 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 85 59-2a-702 (Effective 01/01/27), as enacted by Laws of Utah 2025, Chapter 172 59-2a-801 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2025, Chapter 172 - 4 - SB0078S03 compared with SB0078S04 59-2a-802 (Effective 01/01/27), as enacted by Laws of Utah 2025, Chapter 172 59-2a-903 (Effective 01/01/27), as enacted by Laws of Utah 2025, Chapter 172 Utah Code Sections affected by Coordination Clause:
59-2-1602 , as last amended by Laws of Utah 2024, Chapter 263 93 Be it enacted by the Legislature of the state of Utah:
Section 1.
Section 59-2-919.1 is amended to read:
59-2-919.1.
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Notice of property valuation and tax changes.
(1) In addition to the notice requirements of Section 59-2-919, the county auditor, on or before July 22 of each year, shall notify each owner of real estate who is listed on the assessment roll.
(2) The notice described in Subsection (1) shall:
(a) except as provided in Subsection (5), be sent to all owners of real property by mail 10 or more days before the day on which:
(i) the county board of equalization meets;
and (ii) the taxing entity holds a public hearing on the proposed increase in the certified tax rate;
(b) be on a form that is:
(i) approved by the commission;
and (ii) uniform in content in all counties in the state;
and (c) contain for each property:
(i) the assessor's determination of the value of the property;
(ii) the taxable value of the property;
(iii) for property assessed by the county assessor:
(A) instructions on how the taxpayer may file an application with the county board of equalization to appeal the valuation or equalization of the property under Section 59-2-1004, including instructions for filing an application through electronic means;
and (B) the deadline for the taxpayer to make an application to appeal the valuation or equalization of the property under Section 59-2-1004;
(iv) for property assessed by the commission:
(A) instructions on how the taxpayer may file an application with the commission for a hearing on an objection to the valuation or equalization of the property under Section 59-2-1007;
- 5 - SB0078S03 compared with SB0078S04 (B) the deadline for the taxpayer to apply to the commission for a hearing on an objection to the valuation or equalization of the property under Section 59-2-1007;
and (C) a statement that the taxpayer may not appeal the valuation or equalization of the property to the county board of equalization;
(v) itemized tax information for all applicable taxing entities, including:
(A) the dollar amount of the taxpayer's tax liability for the property in the prior year;
and (B) the dollar amount of the taxpayer's tax liability under the current rate;
(vi) the following, stated separately:
(A) the charter school levy described in Section 53F-2-703;
(B) the multicounty assessing and collecting levy described in Subsection 59-2-1602(2);
(C) the county assessing and collecting levy described in Subsection 59-2-1602(4);
(D) levies for debt service voted on by the public;
(E) levies imposed for special purposes under Section 10-6-133.4;
(F) the minimum basic tax rate as defined in Section 53F-2-301;
and (G) if applicable, the annual payment described in Subsection 63H-1-501(4)(a);
(vii) the tax impact on the property;
(viii) the date, time, and place of the required public hearing for each entity;
(ix) property tax information pertaining to:
(A) taxpayer relief;
and (B) the residential exemption described in Section 59-2-103;
(x) information specifically authorized to be included on the notice under this chapter;
(xi) the last property review date of the property as described in Subsection 59-2-303.1(1)(c);
(xii) instructions on how the taxpayer may obtain additional information regarding the valuation of the property, including the characteristics and features of the property, from:
(A) a website maintained by the county;
or (B) the statewide web portal developed and maintained by the Multicounty Appraisal Trust under Subsection 59-2-1606(5)(a) for uniform access to property characteristics and features;[ and] (xiii) if applicable, the following information in relation to {any } a county relief levy imposed under Section {59-2a-104} 59-2a-114:
(A) the rate of the county relief levy;
and (B) the {total } amount of {property } tax {revenue the county relief levy will generate} levied;
and - 6 - SB0078S03 compared with SB0078S04 [(xiii)] (xiv) other information approved by the commission.
(3) If a taxing entity that is subject to the notice and hearing requirements of Subsection 59-2-919(4) proposes a tax increase, the notice described in Subsection (1) shall state, in addition to the information required by Subsection (2):
(a) the dollar amount of the taxpayer's tax liability if the proposed increase is approved;
(b) the difference between the dollar amount of the taxpayer's tax liability if the proposed increase is approved and the dollar amount of the taxpayer's tax liability under the current rate, placed in close proximity to the information described in Subsection (2)(c)(viii);
(c) the percentage increase that the dollar amount of the taxpayer's tax liability under the proposed tax rate represents as compared to the dollar amount of the taxpayer's tax liability under the current tax rate;
and (d) for each taxing entity proposing a tax increase, the dollar amount of additional ad valorem tax revenue, as defined in Section 59-2-919, that would be generated each year if the proposed tax increase is approved.
(4) In addition to any other tax relief information required under Subsection (2)(c)(ix)(A), a notice sent to a residential property shall:
(a) state, "If you are 65 years old or older, disabled, or experiencing extreme hardship, and this property is your primary residence, you may be eligible to defer payment of this property tax.";
and (b) include a telephone number, or a website address on which a telephone number is prominently listed, that the property owner may call to obtain additional information about applying for a deferral.
(5) (a) Subject to the other provisions of this Subsection (5), a county auditor may provide, at the county auditor's discretion, the notice required by this section to a taxpayer by electronic means if a taxpayer makes an election, according to procedures determined by the county auditor, to receive the notice by electronic means.
(b) (i) If a county auditor sends a notice required by this section by electronic means, the county auditor shall attempt to verify whether a taxpayer receives the notice.
(ii) If the county auditor cannot verify receipt of the notice sent by electronic means 14 days or more before the county board of equalization meets and the taxing entity holds a public hearing on a - 7 - SB0078S03 compared with SB0078S04 proposed increase in the certified tax rate, the county auditor shall send the notice required by this section by mail as provided in Subsection (2).
(c) A taxpayer may revoke an election to receive the notice required by this section by electronic means if the taxpayer provides written notice to the county auditor on or before April 30.
(d) An election or a revocation of an election under this Subsection (5):
(i) does not relieve a taxpayer of the duty to pay a tax due under this chapter on or before the due date for paying the tax;
or (ii) does not alter the requirement that a taxpayer appealing the valuation or the equalization of the taxpayer's real property submit the application for appeal within the time period provided in Subsection 59-2-1004(3).
(e) A county auditor shall provide the notice required by this section as provided in Subsection (2), until a taxpayer makes a new election in accordance with this Subsection (5), if:
(i) the taxpayer revokes an election in accordance with Subsection (5)(c) to receive the notice required by this section by electronic means;
or (ii) the county auditor finds that the taxpayer's electronic contact information is invalid.
(f) A person is considered to be a taxpayer for purposes of this Subsection (5) regardless of whether the property that is the subject of the notice required by this section is exempt from taxation.
Section 2.
Section 59-2-924 is amended to read:
59-2-924.
Definitions -- Report of valuation of property to county auditor and commission -- Transmittal by auditor to governing bodies -- Calculation of certified tax rate -- Rulemaking authority -- Adoption of tentative budget -- Notice provided by the commission.
(1) As used in this section:
(a) (i) "Ad valorem property tax revenue" means revenue collected in accordance with this chapter minus revenue the taxing entity receives {in accordance with Subsection 59-2a-104(4)} from the imposition of a county relief levy under Section 59-2a-114.
(ii) "Ad valorem property tax revenue" does not include:
(A) interest;
(B) penalties;
(C) collections from redemptions;
or - 8 - SB0078S03 compared with SB0078S04 (D) revenue received by a taxing entity from personal property that is semiconductor manufacturing equipment assessed by a county assessor in accordance with Part 3, County Assessment.
(b) "Adjusted tax increment" means the same as that term is defined in Section 17C-1-102.
(c) (i) "Aggregate taxable value of all property taxed" means:
(A) the aggregate taxable value of all real property a county assessor assesses in accordance with Part 3, County Assessment, for the current year;
(B) the aggregate taxable value of all real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the current year;
and (C) the aggregate year end taxable value of all personal property a county assessor assesses in accordance with Part 3, County Assessment, contained on the prior year's tax rolls of the taxing entity.
(ii) "Aggregate taxable value of all property taxed" does not include the aggregate year end taxable value of personal property that is:
(A) semiconductor manufacturing equipment assessed by a county assessor in accordance with Part 3, County Assessment;
and (B) contained on the prior year's tax rolls of the taxing entity.
(d) "Base taxable value" means:
(i) for an authority created under Section 11-58-201, the same as that term is defined in Section 11-58-102;
(ii) for the Point of the Mountain State Land Authority created in Section 11-59-201, the same as that term is defined in Section [11-59-207] 11-59-208;
(iii) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, the same as that term is defined in Section 11-70-101;
(iv) for an agency created under Section 17C-1-201.5, the same as that term is defined in Section 17C-1-102;
(v) for an authority created under Section 63H-1-201, the same as that term is defined in Section 63H-1-102;
(vi) for a host local government, the same as that term is defined in Section 63N-2-502;
- 9 - SB0078S03 compared with SB0078S04 (vii) for a housing and transit reinvestment zone or convention center reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, the same as that term is defined in Section 63N-3-602;
(viii) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, a property's taxable value as shown upon the assessment roll last equalized during the base year, as that term is defined in Section 10-21-101 or Section 17-80-101;
(ix) for a first home investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, a property's taxable value as shown upon the assessment roll last equalized during the base year, as that term is defined in Section 63N-3-1601;
(x) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, a property's taxable value as shown upon the assessment roll last equalized during the property tax base year, as that term is defined in Section 63N-3-1701;
or (xi) for an electrical energy development zone [created] designated under Section 79-6-1104, the value of the property within an electrical energy development zone, as shown on the assessment roll last equalized before the [creation] designation of the electrical energy development zone, as that term is defined in Section 79-6-1104.
(e) "Centrally assessed benchmark value" means an amount equal to the average year end taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the previous three calendar years, adjusted for taxable value attributable to:
(i) an annexation to a taxing entity;
(ii) an incorrect allocation of taxable value of real or personal property the commission assesses in accordance with Part 2, Assessment of Property;
or (iii) a change in value as a result of a change in the method of apportioning the value prescribed by the Legislature, a court, or the commission in an administrative rule or administrative order.
(f) "Centrally assessed industry" means the following industry classes the commission assesses in accordance with Part 2, Assessment of Property:
(i) air carrier;
(ii) coal;
(iii) coal load out property;
(iv) electric generation;
- 10 - SB0078S03 compared with SB0078S04 (v) electric rural;
(vi) electric utility;
(vii) gas utility;
(viii) ground access property;
(ix) land only property;
(x) liquid pipeline;
(xi) metalliferous mining;
(xii) nonmetalliferous mining;
(xiii) oil and gas gathering;
(xiv) oil and gas production;
(xv) oil and gas water disposal;
(xvi) railroad;
(xvii) sand and gravel;
and (xviii) uranium.
(g) (i) "Centrally assessed new growth" means the greater of:
(A) for each centrally assessed industry, zero;
or (B) the amount calculated by subtracting the centrally assessed benchmark value for each centrally assessed industry, adjusted for prior year end incremental value, from the taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for each centrally assessed industry for the current year, adjusted for current year incremental value.
(ii) "Centrally assessed new growth" does not include a change in value for a centrally assessed industry as a result of a change in the method of apportioning the value prescribed by the Legislature, a court, or the commission in an administrative rule or administrative order.
(h) "Certified tax rate" means a tax rate that will provide the same ad valorem property tax revenue for a taxing entity as was budgeted by that taxing entity for the prior year.
(i) "Community reinvestment agency" means the same as that term is defined in Section 17C-1-102.
(j) "Eligible new growth" means the greater of:
(i) zero;
or (ii) the sum of:
- 11 - SB0078S03 compared with SB0078S04 (A) locally assessed new growth;
(B) centrally assessed new growth;
and (C) project area new growth or hotel property new growth.
(k) "Host local government" means the same as that term is defined in Section 63N-2-502.
(l) "Hotel property" means the same as that term is defined in Section 63N-2-502.
(m) "Hotel property new growth" means an amount equal to the incremental value that is no longer provided to a host local government as incremental property tax revenue.
(n) "Incremental property tax revenue" means the same as that term is defined in Section 63N-2-502.
(o) "Incremental value" means:
(i) for an authority created under Section 11-58-201, the amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the property that is located within a project area and on which property tax differential is collected;
and (B) the number that represents the percentage of the property tax differential that is paid to the authority;
(ii) for the Point of the Mountain State Land Authority created in Section 11-59-201, an amount calculated by multiplying:
(A) the difference between the current assessed value of the property and the base taxable value;
and (B) the number that represents the percentage of the property tax augmentation, as defined in Section [11-59-207] 11-59-208, that is paid to the Point of the Mountain State Land Authority;
(iii) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, the amount calculated by multiplying:
(A) the difference between the taxable value for the current year and the base taxable value of the property that is located within a project area;
and (B) the number that represents the percentage of enhanced property tax revenue, as defined in Section 11-70-101;
(iv) for an agency created under Section 17C-1-201.5, the amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the property located within a project area and on which tax increment is collected;
and (B) the number that represents the adjusted tax increment from that project area that is paid to the agency;
(v) for an authority created under Section 63H-1-201, the amount calculated by multiplying:
- 12 - SB0078S03 compared with SB0078S04 (A) the difference between the taxable value and the base taxable value of the property located within a project area and on which property tax allocation is collected;
and (B) the number that represents the percentage of the property tax allocation from that project area that is paid to the authority;
(vi) for a housing and transit reinvestment zone or convention center reinvestment zone created in accordance with Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, an amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the property that is located within a housing and transit reinvestment zone or convention center reinvestment zone and on which tax increment is collected;
and (B) the number that represents the percentage of the tax increment that is paid to the housing and transit reinvestment zone or convention center reinvestment zone;
(vii) for a host local government, an amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the hotel property on which incremental property tax revenue is collected;
and (B) the number that represents the percentage of the incremental property tax revenue from that hotel property that is paid to the host local government;
(viii) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, an amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the property that is located within a home ownership promotion zone and on which tax increment is collected;
and (B) the number that represents the percentage of the tax increment that is paid to the home ownership promotion zone;
(ix) for a first home investment zone created in accordance with Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, an amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the property that is located within a first home investment zone and on which tax increment is collected;
and (B) the number that represents the percentage of the tax increment that is paid to the first home investment zone;
- 13 - SB0078S03 compared with SB0078S04 (x) for a major sporting event venue zone created [pursuant to] in accordance with Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, an amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the property located within a qualified development zone for a major sporting event venue zone and upon which property tax increment is collected;
and (B) the number that represents the percentage of tax increment that is paid to the major sporting event venue zone, as approved by a major sporting event venue zone committee described in Section 63N-1a-1706;
or (xi) for an electrical energy development zone [created] designated under Section 79-6-1104, the amount calculated by multiplying:
(A) the difference between the taxable value and the base taxable value of the property that is located within the electrical energy developmental zone;
and (B) the number that represents the percentage of the tax increment that is paid to a community reinvestment agency and the Electrical Energy Development Investment Fund created in Section 79-6-1105.
(p) (i) "Locally assessed new growth" means the greater of:
(A) zero;
or (B) the amount calculated by subtracting the year end taxable value of real property the county assessor assesses in accordance with Part 3, County Assessment, for the previous year, adjusted for prior year end incremental value from the taxable value of real property the county assessor assesses in accordance with Part 3, County Assessment, for the current year, adjusted for current year incremental value.
(ii) "Locally assessed new growth" does not include a change in:
(A) value as a result of factoring in accordance with Section 59-2-704, reappraisal, or another adjustment;
(B) assessed value based on whether a property is allowed a residential exemption for a primary residence under Section 59-2-103;
(C) assessed value based on whether a property is assessed under Part 5, Farmland Assessment Act;
or (D) assessed value based on whether a property is assessed under Part 17, Urban Farming Assessment Act.
- 14 - SB0078S03 compared with SB0078S04 (q) "Project area" means:
(i) for an authority created under Section 11-58-201, the same as that term is defined in Section 11-58-102;
(ii) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, the same as that term is defined in Section 11-70-101;
(iii) for an agency created under Section 17C-1-201.5, the same as that term is defined in Section 17C-1-102;
(iv) for an authority created under Section 63H-1-201, the same as that term is defined in Section 63H-1-102;
(v) for a housing and transit reinvestment zone or convention center reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, the same as that term is defined in Section 63N-3-602;
(vi) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, the same as that term is defined in Section 10-21-101 or Section 17-80-101;
(vii) for a first home investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, the same as that term is defined in Section 63N-3-1601;
or (viii) for a major sporting event venue zone established under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, the qualified development zone, as defined in Section 63N-3-1701.
(r) "Project area new growth" means:
(i) for an authority created under Section 11-58-201, an amount equal to the incremental value that is no longer provided to an authority as property tax differential;
(ii) for the Point of the Mountain State Land Authority created in Section 11-59-201, an amount equal to the incremental value that is no longer provided to the Point of the Mountain State Land Authority as property tax augmentation, as defined in Section [11-59-207] 11-59-208;
(iii) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, an amount equal to the incremental value that is no longer provided to the Utah Fairpark Area Investment and Restoration District;
(iv) for an agency created under Section 17C-1-201.5, an amount equal to the incremental value that is no longer provided to an agency as tax increment;
- 15 - SB0078S03 compared with SB0078S04 (v) for an authority created under Section 63H-1-201, an amount equal to the incremental value that is no longer provided to an authority as property tax allocation;
(vi) for a housing and transit reinvestment zone or convention center reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, an amount equal to the incremental value that is no longer provided to a housing and transit reinvestment zone or convention center reinvestment zone as tax increment;
(vii) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, an amount equal to the incremental value that is no longer provided to a home ownership promotion zone as tax increment;
(viii) for a first home investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, an amount equal to the incremental value that is no longer provided to a first home investment zone as tax increment;
or (ix) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, an amount equal to the incremental value that is no longer provided to the creating entity of a major sporting event venue zone as property tax increment.
(s) "Project area incremental revenue" means the same as that term is defined in Section 17C-1-1001.
(t) "Property tax allocation" means the same as that term is defined in Section 63H-1-102.
(u) "Property tax differential" means the same as that term is defined in Sections 11-58-102 and 79-6-1104.
{(v) "Subtraction" means the amount of revenue the taxing entity receives in the prior year in accordance with Subsection 59-2a-104(4).} {[(v){]} {(w)} } "Tax increment" means:
(i) for a project created under Section 17C-1-201.5, the same as that term is defined in Section 17C-1-102;
(ii) for a housing and transit reinvestment zone or convention center reinvestment zone created under Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act, the same as the term "property tax increment" is defined in Section 63N-3-602;
(iii) for a home ownership promotion zone created under Title 10, Chapter 21, Part 5, Home Ownership Promotion Zone for Municipalities, or Title 17, Chapter 80, Part 5, Home Ownership Promotion Zone, the same as that term is defined in Section 10-21-101 or Section 17-80-101;
- 16 - SB0078S03 compared with SB0078S04 (iv) for a first home investment zone created under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act, the same as that term is defined in Section 63N-3-1601;
or (v) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, property tax increment, as that term is defined in Section 63N-3-1701.
(2) Before June 1 of each year, each county assessor shall deliver to the county auditor and the commission the following statements:
(a) a statement containing the aggregate valuation of all taxable real property a county assessor assesses in accordance with Part 3, County Assessment, for each taxing entity;
and (b) a statement containing the taxable value of all personal property a county assessor assesses in accordance with Part 3, County Assessment, from the prior year end values.
(3) The county auditor shall, on or before June 8, transmit to the governing body of each taxing entity:
(a) the statements described in Subsections (2)(a) and (b);
(b) an estimate of the revenue from personal property;
(c) the certified tax rate;
and (d) all forms necessary to submit a tax levy request.
(4) (a) Except as otherwise provided in this section, the certified tax rate shall be calculated by dividing the ad valorem property tax revenue that a taxing entity budgeted for the prior year {minus subtractions }by the amount calculated under Subsection (4)(b).
(b) For purposes of Subsection (4)(a), the legislative body of a taxing entity shall calculate an amount as follows:
(i) calculate for the taxing entity the difference between:
(A) the aggregate taxable value of all property taxed;
and (B) any adjustments for current year incremental value;
(ii) after making the calculation required by Subsection (4)(b)(i), calculate an amount determined by increasing or decreasing the amount calculated under Subsection (4)(b)(i) by the average of the percentage net change in the value of taxable property for the equalization period for the three calendar years immediately preceding the current calendar year;
(iii) after making the calculation required by Subsection (4)(b)(ii), calculate the product of:
(A) the amount calculated under Subsection (4)(b)(ii);
and - 17 - SB0078S03 compared with SB0078S04 (B) the percentage of property taxes collected for the five calendar years immediately preceding the current calendar year;
and (iv) after making the calculation required by Subsection (4)(b)(iii), calculate an amount determined by:
(A) multiplying the percentage of property taxes collected for the five calendar years immediately preceding the current calendar year by eligible new growth;
and (B) subtracting the amount calculated under Subsection (4)(b)(iv)(A) from the amount calculated under Subsection (4)(b)(iii).
(5) A certified tax rate for a taxing entity described in this Subsection (5) shall be calculated as follows:
(a) except as provided in Subsection (5)(b) or (c), for a new taxing entity, the certified tax rate is zero;
(b) for a municipality incorporated on or after July 1, 1996, the certified tax rate is:
(i) in a county of the first, second, or third class, the levy imposed for municipal-type services under Title 17, Chapter 78, Part 5, Provision of Municipal-Type Services to Unincorporated Areas;
and (ii) in a county of the fourth, fifth, or sixth class, the levy imposed for general county purposes and such other levies imposed solely for the municipal-type services identified in Section 17-78-501 and Subsection 17-63-101(23);
(c) for a community reinvestment agency that received all or a portion of a taxing entity's project area incremental revenue in the prior year under Title 17C, Chapter 1, Part 10, Agency Taxing Authority, the certified tax rate is calculated as described in Subsection (4) except that the commission shall treat the total revenue transferred to the community reinvestment agency as ad valorem property tax revenue that the taxing entity budgeted for the prior year;
and (d) for debt service voted on by the public, the certified tax rate is the actual levy imposed by that section, except that a certified tax rate for the following levies shall be calculated in accordance with Section 59-2-913 and this section:
(i) a school levy provided for under Section 53F-8-301, 53F-8-302, or 53F-8-303;
and (ii) a levy to pay for the costs of state legislative mandates or judicial or administrative orders under Section 59-2-1602.
(6) (a) A taxing entity may impose a judgment levy under Section 59-2-1328 or 59-2-1330 at a rate that is sufficient to generate only the revenue required to satisfy one or more eligible judgments.
(b) The ad valorem property tax revenue generated by a judgment levy described in Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax rate.
- 18 - SB0078S03 compared with SB0078S04 (7) (a) For the purpose of calculating the certified tax rate, the county auditor shall use:
(i) the taxable value of real property:
(A) the county assessor assesses in accordance with Part 3, County Assessment;
and (B) contained on the assessment roll;
(ii) the year end taxable value of personal property:
(A) a county assessor assesses in accordance with Part 3, County Assessment;
and (B) contained on the prior year's assessment roll;
and (iii) the taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property.
(b) For purposes of Subsection (7)(a), taxable value does not include eligible new growth.
(8) (a) On or before June 30 of each year, a taxing entity shall adopt a tentative budget.
(b) If a taxing entity intends to exceed the certified tax rate, the taxing entity shall notify the county auditor of:
(i) the taxing entity's intent to exceed the certified tax rate;
and (ii) the amount by which the taxing entity proposes to exceed the certified tax rate.
(c) The county auditor shall notify property owners of any intent to levy a tax rate that exceeds the certified tax rate in accordance with Sections 59-2-919 and 59-2-919.1.
(9) (a) Subject to Subsection (9)(d), the commission shall provide notice, through electronic means on or before July 31, to a taxing entity and the Revenue and Taxation Interim Committee if:
(i) the amount calculated under Subsection (9)(b) is 10% or more of the year end taxable value of the real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental value;
and (ii) the amount calculated under Subsection (9)(c) is 50% or more of the total year end taxable value of the real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the previous year.
(b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by subtracting the taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the current year, adjusted for current year incremental value, from the - 19 - SB0078S03 compared with SB0078S04 year end taxable value of the real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental value.
(c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by subtracting the total taxable value of real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the current year, from the total year end taxable value of the real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the previous year.
(d) The notification under Subsection (9)(a) shall include a list of taxpayers that meet the requirement under Subsection (9)(a)(ii).
Section 3.
Section 59-2-1317 is amended to read:
59-2-1317.
Tax notice -- Contents of notice -- Procedures and requirements for providing notice.
(1) As used in this section, "political subdivision lien" means the same as that term is defined in Section 11-60-102.
(2) Subject to the other provisions of this section, the county treasurer shall:
(a) collect the taxes and tax notice charges;
and (b) provide a notice to each taxpayer that contains the following:
(i) the kind and value of property assessed to the taxpayer;
(ii) the street address of the property, if available to the county;
(iii) that the property may be subject to a detailed review in the next year under Section 59-2-303.1;
(iv) the amount of taxes levied;
(v) a separate statement of the taxes levied only on a certain kind or class of property for a special purpose;
(vi) instructions for payment of the taxes and tax notice charges applicable to the property, including the taxpayer's payment options and collection procedures;
(vii) any tax notice charges applicable to the property, including:
(A) if applicable, a political subdivision lien for road damage that a railroad company causes, as described in Section 10-7-30;
(B) if applicable, a political subdivision lien for municipal water distribution, as described in Section 10-8-17, or a political subdivision lien for an increase in supply from a municipal water distribution, as described in Section 10-8-19;
- 20 - SB0078S03 compared with SB0078S04 (C) if applicable, a political subdivision lien for unpaid abatement fees as described in Section 10-11-4;
(D) if applicable, a political subdivision lien for the unpaid portion of an assessment assessed in accordance with Title 11, Chapter 42, Assessment Area Act, or Title 11, Chapter 42a, Commercial Property Assessed Clean Energy Act, including unpaid costs, charges, and interest as of the date the local entity certifies the unpaid amount to the county treasurer;
(E) if applicable, for a special district in accordance with Section 17B-1-902, a political subdivision lien for an unpaid fee, administrative cost, or interest;
(F) if applicable, a political subdivision lien for an unpaid irrigation district use charge as described in Section 17B-2a-506;
(G) if applicable, a political subdivision lien for a contract assessment under a water contract, as described in Section 17B-2a-1007;
(H) if applicable, a property tax penalty that a public infrastructure district imposes, as described in Section 17D-4-304;
and (I) if applicable, an annual payment to the Military Installation Development Authority or an entity designated by the authority in accordance with Section 63H-1-501;
(viii) if a county's tax notice includes an assessment area charge, a statement that, due to potentially ongoing assessment area charges, costs, penalties, and interest, payment of a tax notice charge may not:
(A) pay off the full amount the property owner owes to the tax notice entity;
or (B) cause a release of the lien underlying the tax notice charge;
(ix) if applicable, the annual payment described in Subsection 63H-1-501(4)(a);
(x) the date the taxes and tax notice charges are due;
(xi) the street address or website at which the taxes and tax notice charges may be paid;
(xii) the date on which the taxes and tax notice charges are delinquent;
(xiii) the penalty imposed on delinquent taxes and tax notice charges;
(xiv) a statement that explains the taxpayer's right to direct allocation of a partial payment in accordance with Subsection (9);
(xv) other information specifically authorized to be included on the notice under this chapter;
(xvi) if applicable, the following information in relation to {any } a county relief levy imposed under Section {59-2a-104} 59-2a-114:
(A) the rate of the county relief levy;
and - 21 - SB0078S03 compared with SB0078S04 (B) the {total } amount of {property } tax {revenue the county relief levy will generate} levied;
[(xvi)] (xvii) other property tax information approved by the commission;
and [(xvii)] (xviii) if sent in calendar year 2024, 2025, or 2026:
(A) notice that the taxpayer may request electronic notice as described in Subsection 17-71-302(1)(m);
and (B) instructions describing how to elect to receive a notice as described in Subsection 17-71-302(1)(m).
(3) (a) Unless expressly allowed under this section or another statutory provision, the treasurer may not add an amount to be collected to the property tax notice.
(b) If the county treasurer adds an amount to be collected to the property tax notice under this section or another statutory provision that expressly authorizes the item's inclusion on the property tax notice:
(i) the amount constitutes a tax notice charge;
and (ii) (A) the tax notice charge has the same priority as property tax;
and (B) a delinquency of the tax notice charge triggers a tax sale, in accordance with Section 59-2-1343.
(4) For any property for which property taxes or tax notice charges are delinquent, the notice described in Subsection (2) shall state, "Prior taxes or tax notice charges are delinquent on this parcel." (5) Except as provided in Subsection (6), the county treasurer shall:
(a) mail the notice required by this section, postage prepaid;
or (b) leave the notice required by this section at the taxpayer's residence or usual place of business, if known.
(6) (a) Subject to the other provisions of this Subsection (6), a county treasurer may, at the county treasurer's discretion, provide the notice required by this section by electronic mail if a taxpayer makes an election, according to procedures determined by the county treasurer, to receive the notice by electronic mail.
(b) A taxpayer may revoke an election to receive the notice required by this section by electronic mail if the taxpayer provides written notice to the treasurer on or before October 1.
(c) A revocation of an election under this section does not relieve a taxpayer of the duty to pay a tax or tax notice charge due under this chapter on or before the due date for paying the tax or tax notice charge.
- 22 - SB0078S03 compared with SB0078S04 (d) A county treasurer shall provide the notice required by this section using a method described in Subsection (5), until a taxpayer makes a new election in accordance with this Subsection (6), if:
(i) the taxpayer revokes an election in accordance with Subsection (6)(b) to receive the notice required by this section by electronic mail;
or (ii) the county treasurer finds that the taxpayer's electronic mail address is invalid.
(e) A person is considered to be a taxpayer for purposes of this Subsection (6) regardless of whether the property that is the subject of the notice required by this section is exempt from taxation.
(7) (a) The county treasurer shall provide the notice required by this section to a taxpayer on or before November 1.
(b) The county treasurer shall keep on file in the county treasurer's office the information set forth in the notice.
(c) The county treasurer is not required to mail a tax receipt acknowledging payment.
(8) This section does not apply to property taxed under Section 59-2-1302 or 59-2-1307.
(9) (a) A taxpayer who pays less than the full amount due on the taxpayer's property tax notice may, on a form provided by the county treasurer, direct how the county treasurer allocates the partial payment between:
(i) the total amount due for property tax;
(ii) the amount due for assessments, past due special district fees, and other tax notice charges;
and (iii) any other amounts due on the property tax notice.
(b) The county treasurer shall comply with a direction submitted to the county treasurer in accordance with Subsection (9)(a).
(c) The provisions of this Subsection (9) do not:
(i) affect the right or ability of a local entity to pursue any available remedy for non-payment of any item listed on a taxpayer's property tax notice;
or (ii) toll or otherwise change any time period related to a remedy described in Subsection (9)(c)(i).
Section 4.
Section 59-2-1365 is amended to read:
59-2-1365.
Payment to taxing entities by county treasurer -- Investment of proceeds -- Transfer and receipt of money between taxing entities.
- 23 - SB0078S03 compared with SB0078S04 (1) Except as provided in Subsections (3) and (4), the county treasurer shall pay to the treasurer of each taxing entity and each tax notice charge entity in the county on or before the tenth day of each month:
(a) all money that the county treasurer received during the preceding month that is due to the entity;
and (b) each entity's proportionate share of money the county treasurer received during the preceding month for:
(i) delinquent taxes and tax notice charges;
(ii) interest;
(iii) penalties;
and (iv) costs on all tax sales and redemptions.
(2) Except as provided in Subsections (3) and (4), the county treasurer shall:
(a) adopt an appropriate procedure to account for the transfer and receipt of money between taxing entities and tax notice charge entities;
(b) make a final annual settlement on March 31 with each taxing entity and tax notice charge entity, including providing the entity a written statement for the most recent calendar year of the amount of:
(i) total taxes and tax notice charges charged;
(ii) current taxes and tax notice charges collected;
(iii) treasurer's relief;
(iv) redemptions;
(v) penalties;
(vi) interest;
(vii) in lieu fee collections on motor vehicles;[ and] (viii) the forfeited revenue amount, as defined in Section 59-2a-101;
and [(viii)] (ix) miscellaneous collections;
(c) invest the money it receives under Subsection (1);
and (d) pay annually to each taxing entity and tax notice charge entity in the county the interest earned on the invested money under Subsection (2)(c):
(i) on or before March 31;
and (ii) apportioned according to the proportion that the:
(A) taxing entity's tax receipts bear to the total tax receipts received by the county treasurer;
and - 24 - SB0078S03 compared with SB0078S04 (B) tax notice charge entity's tax notice charge receipts bear to the total tax notice charge receipts that the county treasurer receives.
(3) Notwithstanding Subsections (1) and (2), a county may:
(a) negotiate with a taxing entity or tax notice charge entity a procedure other than the procedure provided in Subsection (2)(a) to account for the transfer and receipt of money between the county and the taxing entity or tax notice charge entity;
and (b) establish a date other than the tenth day of each month for the county treasurer to make payments required under Subsection (1).
(4) This section does not invalidate an existing contract between a county and a taxing entity or tax notice charge entity relating to the apportionment and payment of money or interest.
Section 5.
Section 59-2-1601 is amended to read:
59-2-1601.
Definitions.
As used in this part:
(1) "County additional property tax" means the property tax levy described in Subsection 59-2-1602(4).
(2) "Fund" means the Property Tax Valuation Fund created in Section 59-2-1602.
(3) "Impacted taxing entity" means the same as that term is defined in Section 59-2a-101.
[(3)] (4) "Multicounty Appraisal Trust" means the Multicounty Appraisal Trust created by an agreement:
(a) entered into by all of the counties in the state;
and (b) authorized by Title 11, Chapter 13, Interlocal Cooperation Act.
[(4)] (5) "Multicounty assessing and collecting levy" means a property tax levied in accordance with Subsection 59-2-1602(2).
[(5)] (6) (a) "Property valuation service" means any service or technology that promotes uniform assessment levels for the valuation of personal property and real property in accordance with Part 3, County Assessment.
(b) "Property valuation service" includes statewide aerial imagery, change detection, sketch validation, exception analysis, commercial valuation modeling, residential valuation modeling, automated valuation modeling, and equity analysis.
- 25 - SB0078S03 compared with SB0078S04 [(6)] (7) "Statewide property tax system" means a computer assisted system for mass appraisal, equalization, collection, distribution, and administration related to property tax, created by the Multicounty Appraisal Trust in accordance with Section 59-2-1606.
Section 6.
Section 59-2-1602 is amended to read:
59-2-1602.
Property Tax Valuation Fund -- Statewide levy -- Additional county levy.
(1) (a) There is created a custodial fund known as the "Property Tax Valuation Fund." (b) The fund consists of:
(i) deposits made and penalties received under Subsection (3);[ and] (ii) interest on money deposited into the fund[.] ;
and (iii) appropriations from the Legislature.
(c) Deposits, penalties, and interest described in Subsection (1)(b) shall be disbursed and used as provided in Section 59-2-1603 and Subsection (5).
(2) (a) Each county shall annually impose a multicounty assessing and collecting levy as provided in this Subsection (2).
(b) The tax rate of the multicounty assessing and collecting levy is the certified revenue levy rounded up to the sixth decimal place.
(c) The state treasurer shall allocate all revenue collected from the multicounty assessing and collecting levy to the Multicounty Appraisal Trust.
(3) (a) The multicounty assessing and collecting levy imposed under Subsection (2) shall be separately stated on the tax notice as a multicounty assessing and collecting levy.
(b) The multicounty assessing and collecting levy is:
(i) exempt from Sections 17C-1-403 through 17C-1-406;
(ii) in addition to and exempt from the maximum levies allowable under Section 59-2-908;
and (iii) exempt from the notice and public hearing requirements of Section 59-2-919.
(c) (i) Each county shall transmit quarterly to the state treasurer the revenue collected from the multicounty assessing and collecting levy.
- 26 - SB0078S03 compared with SB0078S04 (ii) The revenue transmitted under Subsection (3)(c)(i) shall be transmitted no later than the tenth day of the month following the end of the quarter in which the revenue is collected.
(iii) If revenue transmitted under Subsection (3)(c)(i) is transmitted after the tenth day of the month following the end of the quarter in which the revenue is collected, the county shall pay an interest penalty at the rate of 10% each year until the revenue is transmitted.
(d) The state treasurer shall allocate the penalties received under this Subsection (3) in the same manner as revenue is allocated under Subsection (2)(c).
(4) (a) A county may levy a county additional property tax in accordance with this Subsection (4).
(b) The county additional property tax:
(i) shall be separately stated on the tax notice as a county assessing and collecting levy;
(ii) may not be incorporated into the rate of any other levy;
(iii) is exempt from Sections 17C-1-403 through 17C-1-406;
and (iv) is in addition to and exempt from the maximum levies allowable under Section 59-2-908.
(c) Revenue collected from the county additional property tax shall be used to:
(i) promote the accurate valuation and uniform assessment levels of property as required by Section 59-2-103;
(ii) promote the efficient administration of the property tax system, including the costs of assessment, collection, and distribution of property taxes;
(iii) fund state mandated actions to meet legislative mandates or judicial or administrative orders that relate to promoting:
(A) the accurate valuation of property;
and (B) the establishment and maintenance of uniform assessment levels within and among counties;
and (iv) establish reappraisal programs that:
(A) are adopted by a resolution or ordinance of the county legislative body;
and (B) conform to rules the commission makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) (a) Subject to appropriation, the Multicounty Appraisal Trust may use money in the fund to:
(a){(i)} {The Multicounty Appraisal Trust may use money in the fund to make one-time } make loans to counties to pay the costs {of } to the county{, } and {any } impacted taxing {entity within the - 27 - SB0078S03 compared with SB0078S04 county, } entities from the county's {provision } granting of deferrals under Chapter 2a, Part {7, Discretionary Deferral for Eligible Owners, or Chapter 2a, Part } 9, Nondiscretionary Deferral for Eligible Owners{.} ;
and (ii) pay the Multicounty Appraisal Trust's administrative costs in making loans under this Subsection (5).
(b) A county or {any } impacted taxing entity that receives loan proceeds under this {section } Subsection (5), either directly or indirectly, may not increase the county's or impacted taxing entity's certified tax rate as a result of receiving less property tax revenue from the county's {provision } granting of deferrals under {Chapter 2a, Part 7, Discretionary Deferral for Eligible Owners, or } Chapter 2a, Part 9, Nondiscretionary Deferral for Eligible Owners.
(c) On or before October 1 of each year, the Multicounty Appraisal Trust shall submit an electronic report to the Revenue and Taxation Interim Committee that contains a summary of the Multicounty Appraisal Trust's use of revenue under this Subsection (5) during the current calendar year.
Section 7.
Section 59-2a-101 is amended to read:
59-2a-101.
Definitions.
As used in this chapter:
(1) "Active component of the United States Armed Forces" means the same as that term is defined in Section 59-10-1027.
{(2) "Active duty service member" means an individual who serves outside of the state as a member of an active component of the United States Armed Forces or a reserve component of the United States Armed Forces for at least 200 days, regardless of whether consecutive, in any continuous 365-day period, if the days of active duty military service:} {(a) were completed in the year before the individual applies for property tax relief;
and} {(b) have not been previously counted for purposes of the individual qualifying for or applying to receive property tax relief.} {(3) "Adjusted property tax amount" means the amount of property taxes, from the current year property tax amount, that an eligible owner is required to pay for a calendar year in which the eligible owner receives a deferral under Part 7, Discretionary Deferral for Eligible Owners, or Part 9, Nondiscretionary Deferral for Eligible Owners.} {(4) "Base year property tax amount" means:} - 28 - SB0078S03 compared with SB0078S04 {(a) for a calendar year in which an eligible owner did not receive a deferral under Part 7, Discretionary Deferral for Eligible Owners, or Part 9, Nondiscretionary Deferral for Eligible Owners, for the preceding calendar year, the amount of property taxes levied on the eligible owner's primary residence for the preceding calendar year;
and} {(b) for a calendar year in which an eligible owner received a deferral under Part 7, Discretionary Deferral for Eligible Owners, or Part 9, Nondiscretionary Deferral for Eligible Owners, for the preceding calendar year, the amount of property taxes levied on the eligible owner's primary residence for the calendar year immediately preceding the calendar year for which the eligible owner first received the deferral.} {[(2){]} {(5)} } "Active duty claimant" means a member of an active component of the United States Armed Forces or a reserve component of the United States Armed Forces who:
(a) performed qualifying active duty military service;
and (b) applies for an exemption described in Part 6, Active Duty Armed Forces Exemption.
(3) "Adjusted property tax amount" means the amount of property taxes, from the current year property tax amount, that an eligible owner is required to pay for a calendar year in which the eligible owner receives a deferral under Part 9, Nondiscretionary Deferral for Eligible Owners.
[(3)] (4) {"Adjusted taxable value limit" means:]} {[(a) for the calendar year that begins on January 1, 2023, $479,504;
or]} {[(b) for each calendar year after the calendar year that begins on January 1, 2023, the amount of the adjusted taxable value limit for the previous year plus an amount calculated by multiplying the amount of the adjusted taxable value limit for the previous year by the actual percent change in the consumer price index during the previous calendar year.]} (5) "Base year property tax amount" means:
(a) for a calendar year in which an eligible owner did not receive a deferral for the preceding calendar year under Part 9, Nondiscretionary Deferral for Eligible Owners, the amount of property taxes levied on the eligible owner's primary residence for the preceding calendar year;
and (b) for a calendar year in which an eligible owner received a deferral for the preceding calendar year under Part 9, Nondiscretionary Deferral for Eligible Owners, the amount of property taxes levied on the eligible owner's primary residence for the calendar year immediately preceding the calendar year in which the eligible owner first received the deferral.
[(4)] (6) "Claim" means:
- 29 - SB0078S03 compared with SB0078S04 [(a) a claim for tax abatement described in Subsection (21)(a) or a credit under Part 2, Renter's Credit, or Part 3, Homeowner's Credit;] [(b)] (a) an exemption under{[ Part 5, Veteran Armed Forces Exemption, or]} Part 6, Active Duty Armed Forces Exemption;
or [(c)] (b) an application for[ an abatement under Part 4, Abatement for Indigent Individuals, or] a deferral under [Part 7, Discretionary Deferral{ for Eligible Owners}, {[} Part 8, Nondiscretionary Deferral for Property with Qualifying Increase, {]} or] Part 9, Nondiscretionary Deferral for [Elderly Property] Eligible Owners.
[(5) (a) "Claimant" means a homeowner or renter who:] [(i) files a claim under Part 2, Renter's Credit, or Part 3, Homeowner's Credit, for a residence;] [(ii) is domiciled in this state for the entire calendar year for which a claim for relief is filed;
and] [(iii) on or before December 31 of the year for which a claim for relief is filed, is:] [(A) 66 years old or older if the individual was born on or before December 31, 1959;
or] [(B) 67 years old or older if the individual was born on or after January 1, 1960.] [(b) Notwithstanding Subsection (5)(a), "claimant" includes a surviving spouse:] [(i) regardless of:] [(A) the age of the surviving spouse;
or] [(B) the age of the deceased spouse at the time of death;] [(ii) if the surviving spouse meets:
] [(A) the requirements described in Subsections (5)(a)(i) and (5)(a)(ii);
and] [(B) the income requirements described in Part 2, Renter's Credit, if the surviving spouse is filing a claim for a renter's credit, or Part 3, Homeowner's Credit, if the surviving spouse is filing a claim for a homeowner's credit;] [(iii) if the surviving spouse is part of the same household of the deceased spouse at the time of death of the deceased spouse;
and] [(iv) if the surviving spouse is unmarried at the time the surviving spouse files the claim.] [(c) If two or more individuals of a household are able to meet the qualifications for a claimant, the individuals may determine among them as to who the claimant shall be, but if the individuals are unable to agree, the matter shall be referred to the county legislative body for a determination of - 30 - SB0078S03 compared with SB0078S04 the claimant of an owned residence and to the commission for a determination of the claimant of a rented residence.] [(6)] (7) "Consumer price index" means[:] [(a) for Part 2, Renter's Credit, and Part 3, Homeowner's Credit,] the Consumer Price Index - All Urban Consumers, Housing United States Cities Average, published by the Bureau of Labor Statistics of the United States Department of Labor[;
and] .
[(b) for the other parts of this chapter, the same as that term is described in Section 1(f)(4), Internal Revenue Code, and defined in Section 1(f)(5), Internal Revenue Code.] (8) "County relief levy" means a property tax levied in accordance with Section {59-2a-104} 59-2a-114.
(9) "County relief program" means a discretionary county {program, implemented at the county's discretion, that provides a form of } property tax relief {to a specific demographic within the county, as authorized under Utah Constitution, Article XIII, Section 3.} program established in accordance with Sections 59-2a-112 and 59-2a-113.
[(7)] (10) "Deceased veteran with a disability" means a deceased individual who was a veteran with a disability at the time the individual died.
[(8)] (11) "Deferral" means a postponement of a tax due date or a tax notice charge granted in accordance with Section [59-2a-701{[} , 59-2a-801,{]} or ]59-2a-901.
[(9)] (12) {"Eligible owner" means an owner of an attached or a detached single-family residence:]} {[(a)} {(i) who is }[75] 65{ years old or older on or before December 31 of the year in which the individual applies for a deferral under Part 9, Nondiscretionary Deferral for }[Elderly Property] Eligible{ Owners;]} (ii) who uses the residence as the owner's primary residence as of January 1 of the calendar year for which the owner applies for a deferral under Part 9, Nondiscretionary Deferral for Eligible Owners;
[(ii)] (iii) {whose household income does not exceed }[200% of the maximum household income certified to a homeowner's credit described in Section 59-2a-305] $75,000{;
and]} [(iii)] (iv) {whose household liquid resources do not exceed }[20] 40{ times the amount of property taxes levied on the owner's residence for the preceding calendar year;
or]} {[(b) that is a trust described in Section 59-2a-109 if the grantor of the trust is an individual described in Subsection }[(9)(a)] (12)(a){.]} - 31 - SB0078S03 compared with SB0078S04 [(10)] (13) {"Eligible property" means property owned by a veteran claimant that is:]} {[(a) the veteran claimant's primary residence, including a residence that the veteran claimant does not reside in because the veteran claimant is admitted as an inpatient at a health care facility as defined in Section 26B-4-501;
or]} {[(b) tangible personal property that:]} {[(i) is held exclusively for personal use;
and]} {[(ii) is not used in a trade or business.]} [(11) (a) "Gross rent" means rent actually paid in cash or the cash equivalent solely for the right of occupancy, at arm's length, of a residence, exclusive of charges for any utilities, services, furniture, furnishings, or personal appliances furnished by the landlord as a part of the rental agreement.] [(b) If a claimant occupies two or more residences in the year, "gross rent" means the total rent paid for the residences during the one-year period for which the renter files a claim under this part.] [(12) (a) "Homeowner" means:] [(i) an individual whose name is listed on the deed of a residence;
or] [(ii) if a residence is owned in a qualifying trust, an individual who is a grantor, trustor, or settlor or holds another similar role in the trust.] [(b) "Homeowner" does not include:] [(i) if a residence is owned by any type of entity other than a qualifying trust, an individual who holds an ownership interest in that entity;
or] [(ii) an individual who is listed on a deed of a residence along with an entity other than a qualifying trust.] [(13) "Homeowner's credit" means a credit against a claimant's property tax liability.] {(12) {"Eligible owner" means:} } {(a) {for a deferral under Part 7, Discretionary Deferral for Eligible Owners, an owner of an attached or detached single-family residence:} } {(i) } {(A) {who uses the residence as the owner's primary residence as of January 1 of the calendar year for which the owner applies for the deferral;} } - 32 - SB0078S03 compared with SB0078S04 {(B) {whose household income does not exceed $60,000, subject to adjustment in accordance with Subsection 59-2a-701(11);
and} } {(C) {whose household liquid resources do not exceed 40 times the amount of property taxes levied on the residence for the preceding calendar year;
or} } {(ii) {that is a trust described in Section 59-2a-109 if the grantor of the trust is an individual described in Subsection (12)(a)(i);
and} } {(b) {for a deferral under Part 9, Nondiscretionary Deferral for Eligible Owners, an owner of an attached or detached single-family residence:} } {(i) } {(A) {who uses the residence as the owner's primary residence as of January 1 of the calendar year for which the owner applies for the deferral;} } {(B) {who is 65 years old or older on or before December 31 of the calendar year for which the owner applies for the deferral;} } {(C) {whose household income does not exceed $75,000, subject to adjustment in accordance with Subsection 59-2a-901(11);
and} } {(D) {whose household liquid resources do not exceed 40 times the amount of property taxes levied on the residence for the preceding calendar year;
or} } {(ii) {that is a trust described in Section 59-2a-109 if the grantor of the trust is an individual described in Subsection (12)(b)(i).} } (13){(14)} "Forfeited revenue amount" means the total amount of the decrease in budgeted property tax revenue in a calendar year for all impacted taxing entities within a county {as a result of } resulting from the county's {implementation } provision of property tax relief through a county relief program.
[(14)] (15) "Household" means the association of individuals who live in the same dwelling, sharing the dwelling's furnishings, facilities, accommodations, and expenses.
[(15)] (16) (a) "Household income" means all income received by all members of a claimant's household in:
(i) for a claimant who owns a residence, the calendar year preceding the calendar year in which property taxes are due;
or (ii) for a claimant who rents a residence, the year for which a claim is filed.
- 33 - SB0078S03 compared with SB0078S04 (b) "Household income" does not include income received by a member of a claimant's household who is:
(i) under 18 years old;
or (ii) a parent or a grandparent, through blood, marriage, or adoption, of the claimant or the claimant's spouse.
[(16)] (17) "Household liquid resources" means the following resources that are not included in an individual's household income and held by one or more members of the individual's household: