Utah 2025 Regular Session

Utah House Bill HB0110 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 110
1+02-05 20:59 2nd Sub. (Gray) H.B. 110
2+Tiara Auxier proposes the following substitute bill:
23 1
34 Combined Basic Tax Rate Reduction
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Tiara Auxier
7-Senate Sponsor: Daniel McCay
8-
9-Cosponsor: Stephanie Gricius Jefferson Moss
10-
11-Cheryl K. Acton Jason B. Kyle Candice B. Pierucci
12-
13-Tyler Clancy Trevor Lee Calvin Roberts
14-
15-Joseph Elison Karianne Lisonbee R. Neil Walter
8+Senate Sponsor:
169 2
1710
1811 3
1912 LONG TITLE
2013 4
2114 General Description:
2215 5
2316 This bill repeals the weighted pupil unit (WPU) value rate from the combination of
2417 6
2518 property tax rates that fund public education.
2619 7
2720 Highlighted Provisions:
2821 8
2922 This bill:
3023 9
3124 ▸ repeals the WPU value rate from the combination of property tax rates that fund public
3225 10
3326 education;
3427 11
3528 ▸ provides that the repeal of the WPU value rate does not affect the amount of ongoing
3629 12
3730 appropriations to the Teacher and Student Success Program;
3831 13
3932 ▸ includes a clause to coordinate the effect of the repeal of the WPU value rate with
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4134 language that S.B. 37, Minimum Basic Tax Rate Amendments, enacts; and
4235 15
4336 ▸ makes technical and conforming changes.
4437 16
4538 Money Appropriated in this Bill:
4639 17
4740 None
4841 18
4942 Other Special Clauses:
5043 19
5144 This bill provides a special effective date.
5245 20
5346 This bill provides a coordination clause.
5447 21
5548 Utah Code Sections Affected:
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57-AMENDS: H.B. 110 Enrolled Copy
50+AMENDS:
5851 23
5952 53F-2-301, as last amended by Laws of Utah 2024, Chapters 124, 460
6053 24
6154 59-2-919.1, as last amended by Laws of Utah 2024, Chapter 246
6255 25
6356 59-2-926, as last amended by Laws of Utah 2023, Chapter 7
6457 26
6558 Utah Code Sections affected by Coordination Clause:
6659 27
6760 53F-2-301, as last amended by Laws of Utah 2024, Chapters 124, 460
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6962
63+2nd Sub. H.B. 110 2nd Sub. (Gray) H.B. 110 02-05 20:59
7064 29
7165 Be it enacted by the Legislature of the state of Utah:
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7367 The following section is affected by a coordination clause at the end of this bill.
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7569 Section 1. Section 53F-2-301 is amended to read:
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7771 53F-2-301 . Minimum basic tax rate for a fiscal year that begins after July 1,
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7973 2022.
8074 34
8175 (1) As used in this section:
8276 35
8377 (a) "Basic levy increment rate" means a tax rate that will generate an amount of revenue
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8579 equal to $75,000,000.
8680 37
8781 [(b) "Combined basic rate" means a rate that is the sum of:]
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8983 [(i) the minimum basic tax rate; and]
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9185 [(ii) the WPU value rate.]
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9387 [(c)] (b) "Commission" means the State Tax Commission.
9488 41
9589 [(d)] (c) "Minimum basic local amount" means an amount that is:
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9791 (i) equal to the sum of:
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9993 (A) the school districts' contribution to the basic school program the previous
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10195 fiscal year;
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10397 (B) the amount generated by the basic levy increment rate; and
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10599 (C) the eligible new growth, as defined in Section 59-2-924 and rules of the State
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107101 Tax Commission multiplied by the minimum basic rate; and
108102 48
109103 (ii) set annually by the Legislature in Subsection (2)(a).
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111105 [(e)] (d) "Minimum basic tax rate" means a tax rate certified by the commission that will
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113107 generate an amount of revenue equal to the minimum basic local amount described in
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115109 Subsection (2)(a).
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117111 [(f) "Weighted pupil unit value" or "WPU value" means the amount established each
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119113 year in the enacted public education budget that is multiplied by the number of
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121115 weighted pupil units to yield the funding level for the basic school program.]
122116 55
123117 [(g) "WPU value amount" means an amount:]
124118 56
125119 [(i) that is equal to the product of:]
126-- 2 - Enrolled Copy H.B. 110
127120 57
128121 [(A) the WPU value increase limit; and]
129122 58
130123 [(B) the percentage share of local revenue to the cost of the basic school program
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132125 in the immediately preceding fiscal year; and]
133126 60
134127 [(ii) set annually by the Legislature in Subsection (3)(a).]
135128 61
136129 [(h) "WPU value increase limit" means the lesser of:]
137130 62
138131 [(i) the total cost to the basic school program to increase the WPU value over the
132+- 2 - 02-05 20:59 2nd Sub. (Gray) H.B. 110
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140134 WPU value in the prior fiscal year; or]
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142136 [(ii) the total cost to the basic school program to increase the WPU value by 4% over
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144138 the WPU value in the prior fiscal year.]
145139 66
146140 [(i) "WPU value rate" means a tax rate certified by the commission that will generate an
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148142 amount of revenue equal to the WPU value amount described in Subsection (3)(a).]
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150144 (2)(a) The minimum basic local amount for the fiscal year that begins on July 1, 2024, is
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152146 $759,529,000 in revenue statewide.
153147 70
154148 (b) The preliminary estimate of the minimum basic tax rate for a fiscal year that begins
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156150 on July 1, 2024, is .001429.
157151 72
158152 [(3)(a) The WPU value amount for the fiscal year that begins on July 1, 2024, is
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160154 $29,240,600 in revenue statewide.]
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162156 [(b) The preliminary estimate of the WPU value rate for the fiscal year that begins on
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164158 July 1, 2024, is .000055.]
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166160 [(4)] (3)(a) On or before June 22, the commission shall certify [for the year:] the
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168162 minimum basic tax rate for the year.
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170164 [(i) the minimum basic tax rate; and]
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172166 [(ii) the WPU value rate.]
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174168 (b) The estimate of the minimum basic tax rate provided in Subsection (2)(b) [and the
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176170 estimate of the WPU value rate provided in Subsection (3)(b) are] is based on a
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178172 forecast for property values for the next calendar year.
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180174 (c) The certified minimum basic tax rate described in Subsection [(4)(a)(i) and the
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182176 certified WPU value rate described in Subsection (4)(a)(ii) are ] (3)(a) is based on
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184178 property values as of January 1 of the current calendar year, except personal property,
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186180 which is based on values from the previous calendar year.
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188182 [(5)] (4)(a) To qualify for receipt of the state contribution toward the basic school
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190184 program and as a school district's contribution toward the cost of the basic school
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192186 program for the school district, each local school board shall impose the [combined
193187 90
194188 basic] minimum basic tax rate.
195-- 3 - H.B. 110 Enrolled Copy
196189 91
197190 (b)(i) The state is not subject to the notice requirements of Section 59-2-926 before
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199192 imposing the tax rates described in this Subsection [(5)] (4).
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201194 (ii) The state is subject to the notice requirements of Section 59-2-926 if the state
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203196 authorizes a tax rate that exceeds the tax rates described in this Subsection [(5)] (4).
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205198 [(6)] (5)(a) The state shall contribute to each school district toward the cost of the basic
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207200 school program in the school district an amount of money that is the difference
201+- 3 - 2nd Sub. (Gray) H.B. 110 02-05 20:59
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209203 between the cost of the school district's basic school program and the sum of revenue
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211205 generated by the school district by the following:
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213207 (i) the [combined basic] minimum basic tax rate; and
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215209 (ii) the basic levy increment rate.
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217211 (b)(i) If the difference described in Subsection [(6)(a)] (5)(a) equals or exceeds the
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219213 cost of the basic school program in a school district, no state contribution shall be
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221215 made to the basic school program for the school district.
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223217 (ii) The proceeds of the difference described in Subsection [(6)(a)] (5)(a) that exceed
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225219 the cost of the basic school program shall be paid into the Uniform School Fund
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227221 as provided by law and by the close of the fiscal year in which the proceeds were
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229223 calculated.
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231225 [(7)] (6) Upon appropriation by the Legislature, the Division of Finance shall deposit an
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233227 amount equal to the proceeds generated statewide[:]
234228 110
235229 [(a)] by the basic levy increment rate into the Minimum Basic Growth Account created
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237231 in Section 53F-9-302[; and] .
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239233 [(b)] (7) [by the WPU value rate into] Nothing in the repeal of the tax rate indexed to the
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241235 increase in the value of the WPU affects the ongoing appropriations to the Teacher and
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243237 Student Success Account created in Section 53F-9-306.
244238 115
245239 Section 2. Section 59-2-919.1 is amended to read:
246240 116
247241 59-2-919.1 . Notice of property valuation and tax changes.
248242 117
249243 (1) In addition to the notice requirements of Section 59-2-919, the county auditor, on or
250244 118
251245 before July 22 of each year, shall notify each owner of real estate who is listed on the
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253247 assessment roll.
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255249 (2) The notice described in Subsection (1) shall:
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257251 (a) except as provided in Subsection (4), be sent to all owners of real property by mail
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259253 10 or more days before the day on which:
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261255 (i) the county board of equalization meets; and
262256 124
263257 (ii) the taxing entity holds a public hearing on the proposed increase in the certified
264-- 4 - Enrolled Copy H.B. 110
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266259 tax rate;
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268261 (b) be on a form that is:
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270263 (i) approved by the commission; and
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272265 (ii) uniform in content in all counties in the state; and
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274267 (c) contain for each property:
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276269 (i) the assessor's determination of the value of the property;
270+- 4 - 02-05 20:59 2nd Sub. (Gray) H.B. 110
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278272 (ii) the taxable value of the property;
279273 132
280274 (iii)(A) the deadline for the taxpayer to make an application to appeal the
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282276 valuation or equalization of the property under Section 59-2-1004; or
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284278 (B) for property assessed by the commission, the deadline for the taxpayer to
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286280 apply to the commission for a hearing on an objection to the valuation or
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288282 equalization of the property under Section 59-2-1007;
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290284 (iv) for a property assessed by the commission, a statement that the taxpayer may not
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292286 appeal the valuation or equalization of the property to the county board of
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294288 equalization;
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296290 (v) itemized tax information for all applicable taxing entities, including:
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298292 (A) the dollar amount of the taxpayer's tax liability for the property in the prior
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300294 year; and
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302296 (B) the dollar amount of the taxpayer's tax liability under the current rate;
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304298 (vi) the following, stated separately:
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306300 (A) the charter school levy described in Section 53F-2-703;
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308302 (B) the multicounty assessing and collecting levy described in Subsection
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310304 59-2-1602(2);
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312-(C) the county assessing and collecting levy described in Subsection 59-2-1602(4);
306+(C) the county assessing and collecting levy described in Subsection 59-2-1602
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308+(4);
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314310 (D) levies for debt service voted on by the public;
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316312 (E) levies imposed for special purposes under Section 10-6-133.4;
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318314 (F) for a fiscal year that begins on or after July 1, 2023, the [combined basic]
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320316 minimum basic tax rate as defined in Section 53F-2-301; and
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322318 (G) if applicable, the annual payment described in Subsection 63H-1-501(4)(a);
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324320 (vii) the tax impact on the property;
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326322 (viii) the date, time, and place of the required public hearing for each entity;
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328324 (ix) property tax information pertaining to:
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330326 (A) taxpayer relief;
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327+159
332328 (B) options for payment of taxes;
333-- 5 - H.B. 110 Enrolled Copy
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329+160
335330 (C) collection procedures; and
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331+161
337332 (D) the residential exemption described in Section 59-2-103;
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339334 (x) information specifically authorized to be included on the notice under this chapter;
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341336 (xi) the last property review date of the property as described in Subsection
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343338 59-2-303.1(1)(c);
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340+165
345341 (xii) instructions on how the taxpayer may obtain additional information regarding
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347343 the valuation of the property, including the characteristics and features of the
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349345 property, from at least one the following sources:
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351347 (A) a website maintained by the county; or
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353349 (B) the county assessor's office; and
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355351 (xiii) other information approved by the commission.
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357353 (3) If a taxing entity that is subject to the notice and hearing requirements of Subsection
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359355 59-2-919(4) proposes a tax increase, the notice described in Subsection (1) shall state, in
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361357 addition to the information required by Subsection (2):
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363359 (a) the dollar amount of the taxpayer's tax liability if the proposed increase is approved;
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365361 (b) the difference between the dollar amount of the taxpayer's tax liability if the
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367363 proposed increase is approved and the dollar amount of the taxpayer's tax liability
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369365 under the current rate, placed in close proximity to the information described in
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371367 Subsection (2)(c)(viii);
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373369 (c) the percentage increase that the dollar amount of the taxpayer's tax liability under the
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375371 proposed tax rate represents as compared to the dollar amount of the taxpayer's tax
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377373 liability under the current tax rate; and
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379375 (d) for each taxing entity proposing a tax increase, the dollar amount of additional ad
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381377 valorem tax revenue, as defined in Section 59-2-919, that would be generated each
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383379 year if the proposed tax increase is approved.
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385381 (4)(a) Subject to the other provisions of this Subsection (4), a county auditor may, at the
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387383 county auditor's discretion, provide the notice required by this section to a taxpayer
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389385 by electronic means if a taxpayer makes an election, according to procedures
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391387 determined by the county auditor, to receive the notice by electronic means.
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393389 (b)(i) If a notice required by this section is sent by electronic means, a county auditor
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395391 shall attempt to verify whether a taxpayer receives the notice.
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397393 (ii) If receipt of the notice sent by electronic means cannot be verified 14 days or
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399395 more before the county board of equalization meets and the taxing entity holds a
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401397 public hearing on a proposed increase in the certified tax rate, the notice required
402-- 6 - Enrolled Copy H.B. 110
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404399 by this section shall also be sent by mail as provided in Subsection (2).
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406401 (c) A taxpayer may revoke an election to receive the notice required by this section by
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408403 electronic means if the taxpayer provides written notice to the county auditor on or
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410405 before April 30.
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412407 (d) An election or a revocation of an election under this Subsection (4):
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414410 (i) does not relieve a taxpayer of the duty to pay a tax due under this chapter on or
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416412 before the due date for paying the tax; or
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418414 (ii) does not alter the requirement that a taxpayer appealing the valuation or the
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420416 equalization of the taxpayer's real property submit the application for appeal
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422418 within the time period provided in Subsection 59-2-1004(3).
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424420 (e) A county auditor shall provide the notice required by this section as provided in
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426422 Subsection (2), until a taxpayer makes a new election in accordance with this
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428424 Subsection (4), if:
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430426 (i) the taxpayer revokes an election in accordance with Subsection (4)(c) to receive
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432428 the notice required by this section by electronic means; or
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434430 (ii) the county auditor finds that the taxpayer's electronic contact information is
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436432 invalid.
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438434 (f) A person is considered to be a taxpayer for purposes of this Subsection (4) regardless
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440436 of whether the property that is the subject of the notice required by this section is
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442438 exempt from taxation.
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444440 Section 3. Section 59-2-926 is amended to read:
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446442 59-2-926 . Proposed tax increase by state -- Notice -- Contents -- Dates.
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448444 If the state authorizes a tax rate that exceeds the [combined basic] minimum basic tax
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450446 rate described in Section 53F-2-301, or authorizes a levy pursuant to Section 59-2-1602 that
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452448 exceeds the certified revenue levy as defined in Section 59-2-102, the state shall publish a
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454450 notice no later than 10 days after the last day of the annual legislative general session that
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456452 meets the following requirements:
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458454 (1)(a) The Office of the Legislative Fiscal Analyst shall advertise that the state
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460456 authorized a levy that generates revenue in excess of the previous year's ad valorem
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462458 tax revenue, plus eligible new growth as defined in Section 59-2-924, but exclusive
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464460 of revenue from collections from redemptions, interest, and penalties:
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466462 (i) in a newspaper of general circulation in the state; and
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468464 (ii) as required in Section 45-1-101.
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470466 (b) Except an advertisement published on a website, the advertisement described in
471-- 7 - H.B. 110 Enrolled Copy
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473468 Subsection (1)(a):
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475470 (i) shall be no less than 1/4 page in size and the type used shall be no smaller than 18
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477472 point, and surrounded by a 1/4-inch border;
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479474 (ii) may not be placed in that portion of the newspaper where legal notices and
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481476 classified advertisements appear; and
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478+233
483479 (iii) shall be run once.
484-233 (2) The form and content of the notice shall be substantially as follows:
485-234
486- "NOTICE OF TAX INCREASE
487-235
488- The state has budgeted an increase in its property tax revenue from $__________ to
489-236
490-$__________ or ____%. The increase in property tax revenues will come from the following
491-237
492-sources (include all of the following provisions):
493-238
494-(a) $__________ of the increase will come from (provide an explanation of the cause of
495-239
496-adjustment or increased revenues, such as reappraisals or factoring orders);
497-240
498-(b) $__________ of the increase will come from natural increases in the value of the tax
499-241
500-base due to (explain cause of eligible new growth, such as new building activity,
501-242
502-annexation, etc.); and
503-243
504-(c) a home valued at $100,000 in the state of Utah which based on last year's (levy for
505-244
506-the basic state-supported school program, applicable tax rate for the Property Tax
507-245
508-Valuation Fund, or both) paid $____________ in property taxes would pay the
509-246
510-following:
511-247
512-(i) $__________ if the state of Utah did not budget an increase in property tax
513-248
514-revenue exclusive of eligible new growth; and
515-249
516-(ii) $__________ under the increased property tax revenues exclusive of eligible new
517-250
480+234 (2) The form and content of the notice shall be substantially as follows:235
481+ "NOTICE OF TAX INCREASE236
482+ The state has budgeted an increase in its property tax revenue from $__________ to237
483+$__________ or ____%. The increase in property tax revenues will come from the following238
484+sources (include all of the following provisions):239
485+(a) $__________ of the increase will come from (provide an explanation of the cause of240
486+adjustment or increased revenues, such as reappraisals or factoring orders);241
487+(b) $__________ of the increase will come from natural increases in the value of the tax242
488+base due to (explain cause of eligible new growth, such as new building activity,243
489+annexation, etc.); and244
490+(c) a home valued at $100,000 in the state of Utah which based on last year's (levy for245
491+the basic state-supported school program, applicable tax rate for the Property Tax246
492+Valuation Fund, or both) paid $____________ in property taxes would pay the247
493+following:248
494+(i) $__________ if the state of Utah did not budget an increase in property tax249
495+revenue exclusive of eligible new growth; and250
496+(ii) $__________ under the increased property tax revenues exclusive of eligible new251
518497 growth budgeted by the state of Utah."
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520499 Section 4. Effective Date.
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522501 This bill takes effect on July 1, 2026.
523-253
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524503 Section 5. Coordinating H.B. 110 with S.B. 37.
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526505 If H.B. 110, Minimum Basic Tax Rate Reduction, and S.B. 37, Minimum Basic Tax
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528507 Rate Amendments, both pass and become law, the Legislature intends that, on July 1, 2026,
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530509 the term "minimum basic tax rate" replace the term "combined basic rate" that S.B. 37 enacts
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532511 within Subsection 53F-2-301(5)(b).
533512 - 8 -