2nd Sub. H.B. 436
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: G.N. Gunn 6
6 02-23-23 5:00 PM 6
H.B. 436
2nd Sub. (Gray)
Representative Michael L. Kohler proposes the following substitute bill:
1 COUNTY ASSESSOR AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael L. Kohler
5 Senate Sponsor: David P. Hinkins
6
7LONG TITLE
8General Description:
9 This bill modifies provisions regarding the training and recertification of county
10assessors.
11Highlighted Provisions:
12 This bill:
13 <provides that the State Tax Commission will conduct an education and training
14program for county assessors;
15 <provides that the education and training program focus on statutory obligations and
16mass appraisal techniques; and
17 <provides for a penalty for a county assessor who fails to comply with the education
18and training requirement.
19Money Appropriated in this Bill:
20 None
21Other Special Clauses:
22 None
23Utah Code Sections Affected:
24AMENDS:
25 59-2-303.1, as last amended by Laws of Utah 2016, Chapter 135
*HB0436S02* 2nd Sub. (Gray) H.B. 436 02-23-23 5:00 PM
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26ENACTS:
27 59-2-702.5, Utah Code Annotated 1953
28
29Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 59-2-303.1 is amended to read:
31 59-2-303.1. Mandatory cyclical appraisals.
32 (1) For purposes of this section:
33 (a) "Corrective action" includes:
34 (i) factoring pursuant to Section 59-2-704;
35 (ii) notifying the state auditor that the county failed to comply with the requirements of
36this section; or
37 (iii) filing a petition for a court order requiring a county to take action.
38 (b) "Mass appraisal system" means a computer assisted mass appraisal system that:
39 (i) a county assessor uses to value real property; and
40 (ii) includes at least the following system features:
41 (A) has the ability to update all parcels of real property located within the county each
42year;
43 (B) can be programmed with specialized criteria;
44 (C) provides uniform and equal treatment of parcels within the same class of real
45property throughout the county; and
46 (D) annually updates all parcels of residential real property within the county using
47accepted valuation methodologies as determined by rule.
48 (c) "Property review date" means the date a county assessor completes a detailed
49review of the property characteristics of a parcel of real property in accordance with Subsection
50(3)(a).
51 (2) (a) The county assessor shall annually update property values of property as
52provided in Section 59-2-301 based on a systematic review of current market data.
53 (b) The county assessor shall conduct the annual update described in Subsection (2)(a)
54by using a mass appraisal system on or before the following:
55 (i) for a county of the first class, January 1, 2009;
56 (ii) for a county of the second class, January 1, 2011; 02-23-23 5:00 PM 2nd Sub. (Gray) H.B. 436
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57 (iii) for a county of the third class, January 1, 2014; and
58 (iv) for a county of the fourth, fifth, or sixth class, January 1, 2015.
59 (c) The county assessor and the commission shall jointly certify that the county's mass
60appraisal system meets the requirements:
61 (i) described in Subsection (1)(b); and
62 (ii) of the commission.
63 (3) (a) In addition to the requirements in Subsection (2), the county assessor shall
64complete a detailed review of property characteristics for each property at least once every five
65years.
66 (b) The county assessor shall maintain on the county's [computer system,] mass
67appraisal system a record of the last property review date for each parcel of real property
68located within the county assessor's county.
69 (c) (i) The county assessor shall maintain on the county's mass appraisal system a
70parcel's property tax class or category that is used for the purpose of assessment for property
71tax purposes on the annual assessment date.
72 (ii) The classifications or categories of real property under Subsection (3)(c)(i) shall
73include, at minimum:
74 (A) primary residential;
75 (B) commercial;
76 (C) vacant land;
77 (D) secondary residential; and
78 (E) non-taxable.
79 (iii) The classifications or categories of real property used by the county assessor, and
80the classification or category applied to a specific parcel, is public information.
81 (4) (a) The commission shall take corrective action if the commission determines that:
82 (i) a county assessor has not satisfactorily followed the current mass appraisal
83standards, as provided by law;
84 (ii) the sales-assessment ratio, coefficients of dispersion, or other statistical measures
85of appraisal performance related to the studies required by Section 59-2-704 are not within the
86standards provided by law; or
87 (iii) the county assessor has failed to comply with the requirements of this section. 2nd Sub. (Gray) H.B. 436 02-23-23 5:00 PM
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88 (b) If a county assessor fails to comply with the requirements of this section for one
89year, the commission shall assist the county assessor in fulfilling the requirements of
90Subsections (2) and (3).
91 (c) If a county assessor fails to comply with the requirements of this section for two
92consecutive years, the county will lose the county's allocation of the revenue generated
93statewide from the imposition of the multicounty assessing and collecting levy authorized in
94Sections 59-2-1602 and 59-2-1603.
95 (d) If a county loses its allocation of the revenue generated statewide from the
96imposition of the multicounty assessing and collecting levy described in Subsection (4)(c), the
97revenue the county would have received shall be distributed to the Multicounty Appraisal Trust
98created by interlocal agreement by all counties in the state.
99 (5) (a) On or before July 1, 2008, the county assessor shall prepare a five-year plan to
100comply with the requirements of Subsections (2) and (3).
101 (b) The plan shall be available in the county assessor's office for review by the public
102upon request.
103 (c) The plan shall be annually reviewed and revised as necessary.
104 (6) A county assessor shall create, maintain, and regularly update a database containing
105the following information that the county assessor may use to enhance the county's ability to
106accurately appraise and assess property on an annual basis:
107 (a) fee and other appraisals;
108 (b) property characteristics and features;
109 (c) property surveys;
110 (d) sales data; and
111 (e) any other data or information on sales, studies, transfers, changes to property, or
112property characteristics.
113 Section 2. Section 59-2-702.5 is enacted to read:
114 59-2-702.5. Education and training -- Continuing education for county assessors.
115 (1) (a) The commission shall conduct a program of education and training for county
116assessors that offers instruction on:
117 (i) a county assessor's statutory obligations; and
118 (ii) the practical application of mass appraisal techniques to satisfy a county assessor's 02-23-23 5:00 PM 2nd Sub. (Gray) H.B. 436
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119statutory obligations.
120 (b) The commission shall confer a designation of completion upon a county assessor
121each time that the county assessor completes the program under Subsection (1)(a).
122 (2) (a) A county assessor shall obtain a designation of completion under Subsection
123(1)(b) within 12 months after the start of each term of office.
124 (b) If a county assessor fails to obtain a designation of completion in accordance with
125Subsection (2)(a), the commission shall take corrective action, as defined in Section
12659-2-303.1.