01-31 10:27 S.B. 202 1 Property Tax Revisions 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Chris H. Wilson House Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill modifies provisions relating to property tax. 6 Highlighted Provisions: 7 This bill: 8 ▸ requires counties to annually provide the State Tax Commission with a preliminary 9 assessment book before delivery to the county auditor; 10 ▸ provides for corrective action by the State Tax Commission upon a county officer's 11 noncompliance with statutory duties; 12 ▸ addresses consequences resulting from a county officer's noncompliance with statutory 13 duties for extended periods of time; 14 ▸ increases the costs paid by counties that request and receive appraisal assistance from the 15 State Tax Commission; 16 ▸ repeals newspaper publication requirements for the notice provided for certain property 17 tax increase proposals; 18 ▸ requires taxing entities holding a public hearing for certain property tax increase 19 proposals to allow for in-person or virtual participation; 20 ▸ requires the property tax valuation notice provided by county auditors to include taxpayer 21 instructions for appealing a property's valuation; 22 ▸ removes tax payment information from the property tax valuation notice provided by 23 county auditors; 24 ▸ requires the State Tax Commission to provide education and training to certain county 25 officers in addition to continuing education and training for hearing officers; 26 ▸ requires certain county officers to obtain a designation of completion of education and 27 training from the State Tax Commission within a certain time; 28 ▸ requires counties to ensure that taxpayers have the ability to submit property valuation 29 appeals through electronic means; 30 ▸ requires counties to annually report certain appeals information to the State Tax S.B. 202 S.B. 202 01-31 10:27 31 Commission for reporting to the Legislature; 32 ▸ requires the tax notice provided by county treasurers to include information regarding a 33 taxpayer's payment options; 34 ▸ repeals the requirement for a certain amount of revenue generated by the statewide 35 multicounty assessing and collecting levy each year to be set aside for county 36 distributions through the Property Tax Valuation Fund; 37 ▸ requires the Multicounty Appraisal Trust to use trust funds to: 38 ● develop and maintain a statewide web portal for accessing specified property valuation 39 information; 40 ● develop and maintain a statewide web portal for submitting property valuation appeals 41 to counties; and 42 ● assist counties in reporting appeals information to the State Tax Commission; and 43 ▸ makes technical and conforming changes. 44 Money Appropriated in this Bill: 45 This bill appropriates $250,000 in operating and capital budgets for fiscal year 2026, all of 46 which is from the General Fund. 47 Other Special Clauses: 48 This bill provides a special effective date. 49 Utah Code Sections Affected: 50 AMENDS: 51 59-1-210 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapter 329 52 59-2-303.1 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 263 53 59-2-311 (Effective 05/07/25), as last amended by Laws of Utah 2019, Chapter 16 54 59-2-702.5 (Effective 05/07/25), as enacted by Laws of Utah 2024, Chapter 263 55 59-2-703 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapter 263 56 59-2-704 (Effective 05/07/25), as last amended by Laws of Utah 2001, Chapter 9 57 59-2-919 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 246 58 59-2-919.1 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 246 59 59-2-1001 (Effective 01/01/26), as last amended by Laws of Utah 2018, Chapter 200 60 59-2-1004 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapters 252, 61 263 and 353 62 59-2-1317 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 430 63 59-2-1602 (Effective 01/01/26), as last amended by Laws of Utah 2022, Chapters 239, 64 451 - 2 - 01-31 10:27 S.B. 202 65 59-2-1606 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapters 263, 66 315 67 ENACTS: 68 59-2-331 (Effective 05/07/25), Utah Code Annotated 1953 69 59-2-1018 (Effective 05/07/25), Utah Code Annotated 1953 70 71 Be it enacted by the Legislature of the state of Utah: 72 Section 1. Section 59-1-210 is amended to read: 73 59-1-210 (Effective 05/07/25). General powers and duties. 74 The powers and duties of the commission are as follows: 75 (1) to sue and be sued in its own name; 76 (2) to adopt rules and policies consistent with the Constitution and laws of this state to 77 govern the commission, executive director, division directors, and commission 78 employees in the performance of their duties; 79 (3) to adopt rules and policies consistent with the Constitution and laws of the state, to 80 govern county boards and officers in the performance of any duty relating to assessment, 81 equalization, and collection of taxes; 82 (4) to prescribe the use of forms relating to the assessment of property for state or local 83 taxation, the equalization of those assessments, the reporting of property or income for 84 state or local taxation purposes, or for the computation of those taxes and the reporting 85 of any information, statistics, or data required by the commission; 86 (5) to administer and supervise the tax laws of the state; 87 (6) to prepare and maintain from year to year a complete record of all lands subject to 88 taxation in this state, and all machinery used in mining and all property or surface 89 improvements upon or appurtenant to mines or mining claims; 90 (7) to exercise general supervision over county assessors[ and] , county boards of 91 equalization[ including the authority to enforce Section 59-2-303.1], and [over ]other 92 county officers in the performance of their duties relating to the assessment of property 93 and collection of taxes, so that all assessments of property are [just] uniform and equal, 94 according to fair market value, and that the tax burden is distributed without favor or 95 discrimination; 96 (8) to reconvene any county board of equalization which, when reconvened, may only 97 address business approved by the commission and extend the time for which any county 98 board of equalization may sit for the equalization of assessments; - 3 - S.B. 202 01-31 10:27 99 (9) to confer with, advise, and direct county treasurers, assessors, and other county officers 100 in matters relating to the assessment and equalization of property for taxation and the 101 collection of taxes; 102 (10) to provide for and hold annually at such time and place as may be convenient a district 103 or state convention of county assessors, auditors, and other county officers to consider 104 and discuss matters relative to taxation, uniformity of valuation, and changes in the law 105 relative to taxation and methods of assessment, to which county assessors and other 106 officers called to attend shall attend at county expense; 107 (11) to direct proceedings, actions, and prosecutions to enforce the laws relating to the 108 penalties, liabilities, and punishments of public officers, persons, and officers or agents 109 of corporations for failure or neglect to comply with the statutes governing the reporting, 110 assessment, and taxation of property; 111 (12) to cause complaints to be made in the proper court seeking removal from office of 112 assessors, auditors, members of county boards, and other assessing, taxing, or disbursing 113 officers, who are guilty of official misconduct or neglect of duty; 114 (13) to require county attorneys to immediately institute and prosecute actions and 115 proceedings in respect to penalties, forfeitures, removals, and punishments for violations 116 of the laws relating to the assessment and taxation of property in their respective 117 counties; 118 (14) to require any person to furnish any information required by the commission to 119 ascertain the value and the relative burden borne by all kinds of property in the state, and 120 to require from all state and local officers any information necessary for the proper 121 discharge of the duties of the commission; 122 (15) to examine all records relating to the valuation of property of any person; 123 (16) to subpoena witnesses to appear and give testimony and produce records relating to 124 any matter before the commission; 125 (17) to cause depositions of witnesses to be taken as in civil actions at the request of the 126 commission or any party to any matter or proceeding before the commission; 127 (18) to authorize any member or employee of the commission to administer oaths and 128 affirmations in any matter or proceeding relating to the exercise of the powers and duties 129 of the commission; 130 (19) to visit periodically each county of the state, to investigate and direct the work and 131 methods of local assessors and other officials in the assessment, equalization, and 132 taxation of property, and to ascertain whether the law requiring the assessment of all - 4 - 01-31 10:27 S.B. 202 133 property not exempt from taxation, and the collection of taxes, have been properly 134 administered and enforced; 135 (20) to carefully examine all cases where evasion or violation of the laws for assessment 136 and taxation of property is alleged, to ascertain whether existing laws are defective or 137 improperly administered; 138 (21) to furnish to the governor from time to time such assistance and information as the 139 governor requires; 140 (22) to transmit to the governor and to each member of the Legislature recommendations as 141 to legislation which will correct or eliminate defects in the operation of the tax laws and 142 will equalize the burden of taxation within the state; 143 (23) to correct any error in any assessment made by it at any time before the tax is due and 144 report the correction to the county auditor, who shall enter the corrected assessment 145 upon the assessment roll; 146 (24) to compile and publish statistics relating to taxation in the state and prepare and submit 147 an annual budget to the governor for inclusion in the state budget to be submitted to the 148 Legislature; 149 (25) to perform any further duties imposed by law, and exercise all powers necessary in the 150 performance of its duties; 151 (26) to adopt a schedule of fees assessed for services provided by the commission, unless 152 otherwise provided by statute. The fee shall be reasonable and fair, and shall reflect the 153 cost of services provided. Each fee established in this manner shall be submitted to and 154 approved by the Legislature as part of the commission's annual appropriations request. 155 The commission may not charge or collect any fee proposed in this manner without 156 approval by the Legislature; 157 (27) to comply with the procedures and requirements of Title 63G, Chapter 4, 158 Administrative Procedures Act, in its adjudicative proceedings; and 159 (28) to distribute the money deposited into the Rural Health Care Facilities Account as 160 required by Section 26B-1-308. 161 Section 2. Section 59-2-303.1 is amended to read: 162 59-2-303.1 (Effective 05/07/25). Mandatory cyclical appraisals. 163 (1) For purposes of this section: 164 [(a) "Corrective action" includes:] 165 [(i) factoring pursuant to Section 59-2-704;] 166 [(ii) notifying the state auditor that the county failed to comply with the requirements - 5 - S.B. 202 01-31 10:27 167 of this section; or] 168 [(iii) filing a petition for a court order requiring a county to take action.] 169 [(b)] (a) "Mass appraisal system" means a computer assisted mass appraisal system that: 170 (i) a county assessor uses to value real property; and 171 (ii) includes at least the following system features: 172 (A) has the ability to update all parcels of real property located within the county 173 each year; 174 (B) can be programmed with specialized criteria; 175 (C) provides uniform and equal treatment of parcels within the same class of real 176 property throughout the county; and 177 (D) annually updates all parcels of residential real property within the county 178 using accepted valuation methodologies as determined by rule. 179 [(c)] (b) "Property review date" means the date a county assessor completes a detailed 180 review of the property characteristics of a parcel of real property in accordance with 181 Subsection (3)(a). 182 (2)(a) The county assessor shall annually update property values of property as provided 183 in Section 59-2-301 based on a systematic review of current market data. 184 (b) The county assessor shall conduct the annual update described in Subsection (2)(a) 185 by using a mass appraisal system. 186 (c) The county assessor and the commission shall jointly certify that the county's mass 187 appraisal system meets the requirements: 188 (i) described in Subsection (1)(b); and 189 (ii) of the commission. 190 (3)(a) In addition to the requirements in Subsection (2), the county assessor shall 191 complete a detailed review of property characteristics for each property at least once 192 every five years. 193 (b) The county assessor shall maintain on the county's mass appraisal system, a record of 194 the last property review date for each parcel of real property located within the 195 county assessor's county. 196 (c)(i) The county assessor shall maintain on the county's mass appraisal system a 197 parcel's property tax class or category that is used for the purpose of property tax 198 assessment on the annual assessment date. 199 (ii) The classifications or categories of real property under Subsection (3)(c)(i) shall 200 include, at minimum: - 6 - 01-31 10:27 S.B. 202 201 (A) primary residential; 202 (B) commercial; 203 (C) vacant land; 204 (D) secondary residential; and 205 (E) non-taxable. 206 (iii) The classifications or categories of real property used by the county assessor, and 207 the classification or category applied to a specific parcel, is public information. 208 [(4)(a) The commission shall take corrective action if the commission determines that:] 209 [(i) a county assessor has not satisfactorily followed the current mass appraisal 210 standards, as provided by law;] 211 [(ii) the sales-assessment ratio, coefficients of dispersion, or other statistical measures 212 of appraisal performance related to the studies required by Section 59-2-704 are 213 not within the standards provided by law; or] 214 [(iii) the county assessor has failed to comply with the requirements of this section.] 215 [(b) If a county assessor fails to comply with the requirements of this section for one 216 year, the commission shall assist the county assessor in fulfilling the requirements of 217 Subsections (2) and (3).] 218 [(c) If a county assessor fails to comply with the requirements of this section for two 219 consecutive years, the county will lose the county's allocation of the revenue 220 generated statewide from the imposition of the multicounty assessing and collecting 221 levy authorized in Sections 59-2-1602 and 59-2-1603.] 222 [(d) If a county loses its allocation of the revenue generated statewide from the 223 imposition of the multicounty assessing and collecting levy described in Subsection 224 (4)(c), the revenue the county would have received shall be distributed to the 225 Multicounty Appraisal Trust created by interlocal agreement by all counties in the 226 state.] 227 [(5)] (4)(a) [On or before July 1, 2008, the] The county assessor shall prepare a five-year 228 plan to comply with the requirements of Subsections (2) and (3). 229 (b) The plan shall be available in the county assessor's office for review by the public 230 upon request. 231 (c) The plan shall be annually reviewed and revised as necessary. 232 [(6)] (5)(a) A county assessor shall create, maintain, and regularly update a database 233 containing the following information that the county assessor may use to enhance the 234 county's ability to accurately appraise and assess property on an annual basis: - 7 - S.B. 202 01-31 10:27 235 (i) fee and other appraisals; 236 (ii) property characteristics and features; 237 (iii) property surveys; 238 (iv) sales data; and 239 (v) any other data or information on sales, studies, transfers, changes to property, or 240 property characteristics. 241 (b) A county assessor may provide access to the information in the database to another 242 county assessor that requests assistance in accordance with Section 59-2-303. 243 Section 3. Section 59-2-311 is amended to read: 244 59-2-311 (Effective 05/07/25). Completion and delivery of assessment book -- 245 Signed statement required -- Contents of signed statement -- Adjustment of assessment in 246 assessment book -- Delivery of preliminary assessment book to commission. 247 (1) Before May 22 each year, the county assessor shall complete and deliver the assessment 248 book to the county auditor. 249 (2) The county assessor shall subscribe and sign a statement in the assessment book 250 substantially as follows: 251 I, ____, the assessor of ____ County, do swear that before May 22, _______(year), I 252 made diligent inquiry and examination, and either personally or by deputy, established the 253 value of all of the property within the county subject to assessment by me; that the property 254 has been assessed on the assessment book equally and uniformly according to the best of my 255 judgment, information, and belief at its fair market value; that I have faithfully complied with 256 all the duties imposed on the assessor under the revenue laws including the requirements of 257 Section 59-2-303.1; and that I have not imposed any unjust or double assessments through 258 malice or ill will or otherwise, or allowed anyone to escape a just and equal assessment 259 through favor or reward, or otherwise. 260 (3) Before completing and delivering the assessment book under Subsection (1), the county 261 assessor shall adjust the assessment of property in the assessment book to reflect an 262 adjustment in the taxable value of any property if the adjustment in taxable value is 263 made: 264 (a) by the county board of equalization in accordance with Section 59-2-1004.5 on or 265 before May 15; or 266 (b) by the county assessor in accordance with Section 59-2-303.2. 267 (4)(a) Before completing and delivering the assessment book under Subsection (1), the 268 county assessor shall deliver a preliminary assessment book to the commission on or - 8 - 01-31 10:27 S.B. 202 269 before May 15 of each year for review by the commission. 270 (b) The commission shall annually: 271 (i) review the preliminary assessment book for each county delivered under 272 Subsection (4)(a); and 273 (ii) track the assessments and collections for each county. 274 Section 4. Section 59-2-331 is enacted to read: 275 59-2-331 (Effective 05/07/25). Corrective action by commission for county 276 officer's nonperformance of duties. 277 (1) As used in this section: 278 (a) "County officer" means a county assessor, a member of a county board of 279 equalization, or any other individual who holds a county office. 280 (b) "Multicounty assessing and collecting levy" means the same as that term is defined 281 in Section 59-2-1601. 282 (2) The commission shall take corrective action if the commission determines that a county 283 officer has materially failed to perform a duty under this chapter relating to the 284 assessment or collection of property tax. 285 (3) Corrective action under Subsection (2) may include one or more of the following 286 actions: 287 (a) notifying a county officer in writing of the performance issue; 288 (b) ordering factoring pursuant to Section 59-2-704; 289 (c) subject to Subsection (4): 290 (i) recommending the removal of a county officer; or 291 (ii) filing a petition for a court order requiring a county officer to take action; 292 (d) reporting suspected misconduct or malfeasance of a county officer to law 293 enforcement agencies, as appropriate; and 294 (e) taking any other action the commission determines is appropriate to ensure that: 295 (i) all assessments of property are uniform and equal, according to fair market value; 296 and 297 (ii) the tax burden is distributed without favor or discrimination. 298 (4)(a) Before taking a corrective action described in Subsection (3)(c) against a county 299 officer, the commission shall publish notice of the commission's intent to take the 300 corrective action on: 301 (i) the commission's public website; and 302 (ii) the Utah Public Notice Website created in Section 63A-16-601. - 9 - S.B. 202 01-31 10:27 303 (b) After taking a corrective action described in Subsection (3)(c) against a county 304 officer, the commission shall provide written notice of the corrective action to: 305 (i) the county officer subject to the corrective action; 306 (ii) the county legislative body of the county for which the county officer described 307 in Subsection (4)(b)(i) holds office; 308 (iii) the state auditor; 309 (iv) the president of the Senate; and 310 (v) the speaker of the House of Representatives. 311 (5) If the commission determines that a county officer has materially failed to perform a 312 duty under this chapter relating to the assessment or collection of property tax for a 313 period of one year or longer, the commission shall: 314 (a) assist the county officer in performing the duty required by this chapter; and 315 (b) charge the county the full amount of the commission's costs in providing assistance 316 under this Subsection (5). 317 Section 5. Section 59-2-702.5 is amended to read: 318 59-2-702.5 (Effective 05/07/25). Education and training for county assessors. 319 (1)(a) The commission shall conduct a program of education and training for county 320 assessors that offers instruction on: 321 (i) a county assessor's statutory obligations; and 322 (ii) the practical application of mass appraisal techniques to satisfy a county 323 assessor's statutory obligations. 324 (b) The commission shall confer a designation of completion upon a county assessor 325 each time that the county assessor completes the program under Subsection (1)(a). 326 (2)[(a)] A county assessor shall obtain a designation of completion under Subsection 327 (1)(b) within 12 months after the day on which the county assessor starts a term of 328 office. 329 [(b) If a county assessor fails to obtain a designation of completion, the commission 330 shall take corrective action, as defined in Section 59-2-303.1.] 331 Section 6. Section 59-2-703 is amended to read: 332 59-2-703 (Effective 05/07/25). Commission to assist county assessors -- 333 Appraisers provided upon request -- Costs of services -- Contingency fee arrangements 334 prohibited. 335 (1)[(a) The ] Except as provided in Section 59-2-331, the commission shall, upon request 336 and pursuant to mutual agreement, provide county assessors with technical assistance - 10 - 01-31 10:27 S.B. 202 337 and appraisal aid. 338 [(b)] (a) The commission shall provide certified or licensed appraisers who, upon request 339 of the county assessor and pursuant to mutual agreement, shall perform appraisals of 340 property and other technical services as needed by the county assessor. 341 [(c)] (b) The commission shall calculate the costs of these services based on the number 342 of days of services rendered. 343 [(d)] (c) Each county shall pay to the commission [50% of] an amount equal to the cost 344 of the services that the county receives. 345 (2)(a) Both the commission and counties may contract with a private firm or an 346 individual to conduct appraisals. 347 (b) A county assessor may request the private firm or individual conducting appraisals to 348 assist the county assessor in meeting the requirements of Section 59-2-303.1. 349 (c)(i) Notwithstanding Title 63G, Chapter 2, Government Records Access and 350 Management Act, the commission and counties may disclose the name of the 351 taxpayer and the taxpayer's address to the contract appraiser. 352 (ii) A private appraiser is subject to the confidentiality requirements and penalty 353 provisions provided in Title 63G, Chapter 2, Part 8, Remedies. 354 (d)(i) Neither the commission nor a county may contract with a private firm or an 355 individual under a contingency fee arrangement to assess property or prosecute or 356 defend an appeal. 357 (ii) An appraisal that has been prepared on a contingency fee basis may not be 358 allowed in any proceeding before a county board of equalization or the 359 commission. 360 Section 7. Section 59-2-704 is amended to read: 361 59-2-704 (Effective 05/07/25). Assessment studies -- Sharing of data -- Factoring 362 assessment rates -- Rulemaking. 363 (1)(a) Each year, to assist in the evaluation of appraisal performance of taxable real 364 property, the commission shall conduct and publish studies to determine the 365 relationship between the market value shown on the assessment roll and the market 366 value of real property in each county. 367 (b) The studies conducted under this Subsection (1) shall include measurements of 368 uniformity within counties and use statistical methods established by the commission. 369 (c) County assessors may provide sales information to the commission for purposes of 370 the studies conducted under this Subsection (1). - 11 - S.B. 202 01-31 10:27 371 (d) The commission shall make the sales and appraisal information related to the studies 372 conducted under this Subsection (1) available to the assessors upon request. 373 (2)(a) The commission shall, each year, order each county to adjust or factor its 374 assessment rates using the most current studies so that the assessment rate in each 375 county is in accordance with that prescribed in Section 59-2-103. 376 (b) The adjustment or factoring ordered under this Subsection (2) may include an entire 377 county, geographical areas within a county, and separate classes of properties. [ 378 Where significant value deviations occur, the commission shall also order corrective 379 action.] 380 (3) If the commission determines that sales data in any county is insufficient to perform the 381 studies required under Subsection (1), the commission may conduct appraisals of 382 property within that county. 383 (4) If a county fails to implement factoring[ or corrective action] ordered under Subsection 384 (2), the commission shall: 385 (a) implement the factoring[ or corrective action]; and 386 (b) charge [100% of] an amount equal to the reasonable implementation costs of the 387 factoring to that county. 388 (5) If a county disputes the factoring[ or corrective action] ordered under Subsection (2), 389 the matter may be mediated by the Multicounty Appraisal Trust as defined in Section 390 59-2-1601. 391 (6)(a) The commission may change the factor for any county which, after a hearing 392 before the commission, establishes that the factor should properly be set at a different 393 level for that county. 394 (b) The commission shall establish the method, procedure, and timetable for the hearings 395 authorized under this section, including access to information to ensure a fair hearing. 396 (7) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 397 commission may establish rules to implement this section. 398 Section 8. Section 59-2-919 is amended to read: 399 59-2-919 (Effective 01/01/26). Notice and public hearing requirements for 400 certain tax increases -- Exceptions -- Audit. 401 (1) As used in this section: 402 (a) "Additional ad valorem tax revenue" means ad valorem property tax revenue 403 generated by the portion of the tax rate that exceeds the taxing entity's certified tax 404 rate. - 12 - 01-31 10:27 S.B. 202 405 (b) "Ad valorem tax revenue" means ad valorem property tax revenue not including 406 revenue from: 407 (i) eligible new growth as defined in Section 59-2-924; or 408 (ii) personal property that is: 409 (A) assessed by a county assessor in accordance with Part 3, County Assessment; 410 and 411 (B) semiconductor manufacturing equipment. 412 (c) "Calendar year taxing entity" means a taxing entity that operates under a fiscal year 413 that begins on January 1 and ends on December 31. 414 (d) "County executive calendar year taxing entity" means a calendar year taxing entity 415 that operates under the county executive-council form of government described in 416 Section 17-52a-203. 417 (e) "Current calendar year" means the calendar year immediately preceding the calendar 418 year for which a calendar year taxing entity seeks to levy a tax rate that exceeds the 419 calendar year taxing entity's certified tax rate. 420 (f) "Fiscal year taxing entity" means a taxing entity that operates under a fiscal year that 421 begins on July 1 and ends on June 30. 422 (g) "Last year's property tax budgeted revenue" does not include: 423 (i) revenue received by a taxing entity from a debt service levy voted on by the public; 424 (ii) revenue generated by the combined basic rate as defined in Section 53F-2-301; or 425 (iii) revenue generated by the charter school levy described in Section 53F-2-703. 426 (2) A taxing entity may not levy a tax rate that exceeds the taxing entity's certified tax rate 427 unless the taxing entity meets: 428 (a) the requirements of this section that apply to the taxing entity; and 429 (b) all other requirements as may be required by law. 430 (3)(a) Subject to Subsection (3)(b) and except as provided in Subsection (5), a calendar 431 year taxing entity may levy a tax rate that exceeds the calendar year taxing entity's 432 certified tax rate if the calendar year taxing entity: 433 (i) 14 or more days before the date of the regular general election or municipal 434 general election held in the current calendar year, states at a public meeting: 435 (A) that the calendar year taxing entity intends to levy a tax rate that exceeds the 436 calendar year taxing entity's certified tax rate; 437 (B) the dollar amount of and purpose for additional ad valorem tax revenue that 438 would be generated by the proposed increase in the certified tax rate; and - 13 - S.B. 202 01-31 10:27 439 (C) the approximate percentage increase in ad valorem tax revenue for the taxing 440 entity based on the proposed increase described in Subsection (3)(a)(i)(B); 441 (ii) provides notice for the public meeting described in Subsection (3)(a)(i) in 442 accordance with Title 52, Chapter 4, Open and Public Meetings Act, including 443 providing a separate item on the meeting agenda that notifies the public that the 444 calendar year taxing entity intends to make the statement described in Subsection 445 (3)(a)(i); 446 (iii) meets the advertisement requirements of Subsections (6) and (7) before the 447 calendar year taxing entity conducts the public hearing required by Subsection 448 (3)(a)(v); 449 (iv) provides notice by mail: 450 (A) seven or more days before the regular general election or municipal general 451 election held in the current calendar year; and 452 (B) as provided in Subsection (3)(c); and 453 (v) conducts a public hearing that is held: 454 (A) in accordance with Subsections (8) and (9); and 455 (B) in conjunction with the public hearing required by Section 17-36-13 or 456 17B-1-610. 457 (b)(i) For a county executive calendar year taxing entity, the statement described in 458 Subsection (3)(a)(i) shall be made by the: 459 (A) county council; 460 (B) county executive; or 461 (C) both the county council and county executive. 462 (ii) If the county council makes the statement described in Subsection (3)(a)(i) or the 463 county council states a dollar amount of additional ad valorem tax revenue that is 464 greater than the amount of additional ad valorem tax revenue previously stated by 465 the county executive in accordance with Subsection (3)(a)(i), the county executive 466 calendar year taxing entity shall: 467 (A) make the statement described in Subsection (3)(a)(i) 14 or more days before 468 the county executive calendar year taxing entity conducts the public hearing 469 under Subsection (3)(a)(v); and 470 (B) provide the notice required by Subsection (3)(a)(iv) 14 or more days before 471 the county executive calendar year taxing entity conducts the public hearing 472 required by Subsection (3)(a)(v). - 14 - 01-31 10:27 S.B. 202 473 (c) The notice described in Subsection (3)(a)(iv): 474 (i) shall be mailed to each owner of property: 475 (A) within the calendar year taxing entity; and 476 (B) listed on the assessment roll; 477 (ii) shall be printed on a separate form that: 478 (A) is developed by the commission; 479 (B) states at the top of the form, in bold upper-case type no smaller than 18 point 480 "NOTICE OF PROPOSED TAX INCREASE"; and 481 (C) may be mailed with the notice required by Section 59-2-1317; 482 (iii) shall contain for each property described in Subsection (3)(c)(i): 483 (A) the value of the property for the current calendar year; 484 (B) the tax on the property for the current calendar year; and 485 (C) subject to Subsection (3)(d), for the calendar year for which the calendar year 486 taxing entity seeks to levy a tax rate that exceeds the calendar year taxing 487 entity's certified tax rate, the estimated tax on the property; 488 (iv) shall contain the following statement: 489 "[Insert name of taxing entity] is proposing a tax increase for [insert applicable calendar 490 year]. This notice contains estimates of the tax on your property and the proposed tax increase 491 on your property as a result of this tax increase. These estimates are calculated on the basis of 492 [insert previous applicable calendar year] data. The actual tax on your property and proposed 493 tax increase on your property may vary from this estimate."; 494 (v) shall state the dollar amount of additional ad valorem tax revenue that would be 495 generated each year by the proposed increase in the certified tax rate; 496 (vi) shall include a brief statement of the primary purpose for the proposed tax 497 increase, including the taxing entity's intended use of additional ad valorem tax 498 revenue described in Subsection (3)(c)(v); 499 (vii) shall state the date, time, and place of the public hearing described in Subsection 500 (3)(a)(v); 501 (viii) shall state the Internet address for the taxing entity's public website; 502 (ix) may contain other information approved by the commission; and 503 (x) if sent in calendar year 2024, 2025, or 2026, shall contain: 504 (A) notice that the taxpayer may request electronic notice as described in 505 Subsection 17-21-6(1)(m); and 506 (B) instructions describing how to elect to receive a notice as described in - 15 - S.B. 202 01-31 10:27 507 Subsection 17-21-6(1)(m). 508 (d) For purposes of Subsection (3)(c)(iii)(C), a calendar year taxing entity shall calculate 509 the estimated tax on property on the basis of: 510 (i) data for the current calendar year; and 511 (ii) the amount of additional ad valorem tax revenue stated in accordance with this 512 section. 513 (4) Except as provided in Subsection (5), a fiscal year taxing entity may levy a tax rate that 514 exceeds the fiscal year taxing entity's certified tax rate if the fiscal year taxing entity: 515 (a) provides notice by meeting the advertisement requirements of Subsections (6) and 516 (7) before the fiscal year taxing entity conducts the public meeting at which the fiscal 517 year taxing entity's annual budget is adopted; and 518 (b) conducts a public hearing in accordance with Subsections (8) and (9) before the 519 fiscal year taxing entity's annual budget is adopted. 520 (5)(a) A taxing entity is not required to meet the notice or public hearing requirements of 521 Subsection (3) or (4) if the taxing entity is expressly exempted by law from 522 complying with the requirements of this section. 523 (b) A taxing entity is not required to meet the notice requirements of Subsection (3) or 524 (4) if: 525 (i) Section 53F-8-301 allows the taxing entity to levy a tax rate that exceeds that 526 certified tax rate without having to comply with the notice provisions of this 527 section; or 528 (ii) the taxing entity: 529 (A) budgeted less than $20,000 in ad valorem tax revenue for the previous fiscal 530 year; and 531 (B) sets a budget during the current fiscal year of less than $20,000 of ad valorem 532 tax revenue. 533 (6)[(a) Subject to Subsections (6)(d) and (7)(b), the advertisement described in this 534 section shall be published:] 535 [(i) subject to Section 45-1-101, in a newspaper or combination of newspapers of 536 general circulation in the taxing entity;] 537 [(ii) electronically in accordance with Section 45-1-101; and] 538 [(iii) for the taxing entity, as a class A notice under Section 63G-30-102, for at least 539 14 days before the day on which the taxing entity conducts the public hearing 540 described in Subsection (3)(a)(v) or (4)(b).] - 16 - 01-31 10:27 S.B. 202 541 [(b) The advertisement described in Subsection (6)(a)(i) shall:] 542 [(i) be no less than 1/4 page in size;] 543 [(ii) use type no smaller than 18 point; and] 544 [(iii) be surrounded by a 1/4-inch border.] 545 [(c) The advertisement described in Subsection (6)(a)(i) may not be placed in that 546 portion of the newspaper where legal notices and classified advertisements appear.] 547 [(d) It is the intent of the Legislature that:] 548 [(i) whenever possible, the advertisement described in Subsection (6)(a)(i) appear in 549 a newspaper that is published at least one day per week; and] 550 [(ii) the newspaper or combination of newspapers selected:] 551 [(A) be of general interest and readership in the taxing entity; and] 552 [(B) not be of limited subject matter.] 553 [(e)(i) The advertisement described in Subsection (6)(a)(i) shall:] 554 [(A) except as provided in Subsection (6)(f), be run once each week for the two 555 weeks before a taxing entity conducts a public hearing described under 556 Subsection (3)(a)(v) or (4)(b); ] 557 [(B) state that the taxing entity will meet on a certain day, time, and place fixed in 558 the advertisement, which shall be seven or more days after the day the first 559 advertisement is published, for the purpose of hearing comments regarding any 560 proposed increase and to explain the reasons for the proposed increase; and] 561 [(C) state the Internet address for the taxing entity's public website.] 562 [(ii) The advertisement described in Subsection (6)(a)(ii) shall:] 563 [(A) be published two weeks before a taxing entity conducts a public hearing 564 described in Subsection (3)(a)(v) or (4)(b); ] 565 [(B) state that the taxing entity will meet on a certain day, time, and place fixed in 566 the advertisement, which shall be seven or more days after the day the first 567 advertisement is published, for the purpose of hearing comments regarding any 568 proposed increase and to explain the reasons for the proposed increase; and] 569 [(C) state the Internet address for the taxing entity's public website.] 570 [(f) If a fiscal year taxing entity's public hearing information is published by the county 571 auditor in accordance with Section 59-2-919.2, the fiscal year taxing entity is not 572 subject to the requirement to run the advertisement twice, as required by Subsection 573 (6)(e)(i), but shall run the advertisement once during the week before the fiscal year 574 taxing entity conducts a public hearing at which the taxing entity's annual budget is - 17 - S.B. 202 01-31 10:27 575 discussed.] 576 (a) Before holding the public hearing described in Subsection (3)(a)(v) or (4)(b), a 577 taxing entity proposing a tax rate increase under this section shall publish an 578 advertisement regarding the proposed tax increase: 579 (i) electronically in accordance with Section 45-1-101; and 580 (ii) as a class A notice under Section 63G-30-102. 581 [(g)] (b) The advertisement described in Subsection (6)(a) shall: 582 (i) be published for at least 14 days before the day on which the taxing entity 583 conducts the public hearing described in Subsection (3)(a)(v) or (4)(b); and 584 (ii) [For purposes of Subsection (3)(a)(iii) or (4)(a), the] substantially be in the following form 585 and content[ of an advertisement shall be substantially as follows]: 586 "NOTICE OF PROPOSED TAX INCREASE 587 (NAME OF TAXING ENTITY) 588 The (name of the taxing entity) is proposing to increase its property tax revenue. 589 • The (name of the taxing entity) tax on a (insert the average value of a residence in 590 the taxing entity rounded to the nearest thousand dollars) residence would increase from 591 $______ to $________, which is $_______ per year. 592 • The (name of the taxing entity) tax on a (insert the value of a business having the 593 same value as the average value of a residence in the taxing entity) business would increase 594 from $________ to $_______, which is $______ per year. 595 • If the proposed budget is approved, (name of the taxing entity) would receive an 596 additional $______ in property tax revenue per year as a result of the tax increase. 597 • If the proposed budget is approved, (name of the taxing entity) would increase its 598 property tax budgeted revenue by ___% above last year's property tax budgeted revenue 599 excluding eligible new growth. 600 The (name of the taxing entity) invites all concerned citizens to a public hearing for the 601 purpose of hearing comments regarding the proposed tax increase and to explain the reasons 602 for the proposed tax increase. You have the option to attend or participate in the public hearing 603 in person or online. 604 PUBLIC HEARING 605 Date/Time: (date) (time) 606 Location: (name of meeting place and address of meeting place) 607 Virtual Meeting Link: (Internet address for remote participation and live streaming 608 options) - 18 - 01-31 10:27 S.B. 202 609 To obtain more information regarding the tax increase, citizens may contact the (name 610 of the taxing entity) at (phone number of taxing entity) or visit (Internet address for the taxing 611 entity's public website)." 612 (7) The commission: 613 (a) shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative 614 Rulemaking Act, governing the joint use of one advertisement described in 615 Subsection (6) by two or more taxing entities; and 616 (b) subject to Section 45-1-101, may authorize a taxing entity's use of a 617 commission-approved direct notice to each taxpayer if: 618 (i) the direct notice is different and separate from the notice required under Section 619 59-2-919.1; and 620 (ii) the taxing entity petitions the commission for the use of a commission-approved 621 direct notice. 622 [(i) the use of a weekly newspaper:] 623 [(A) in a county having both daily and weekly newspapers if the weekly 624 newspaper would provide equal or greater notice to the taxpayer; and] 625 [(B) if the county petitions the commission for the use of the weekly newspaper; or] 626 [(ii) the use by a taxing entity of a commission approved direct notice to each 627 taxpayer if:] 628 [(A) the cost of the advertisement would cause undue hardship;] 629 [(B) the direct notice is different and separate from that provided for in Section 630 59-2-919.1; and] 631 [(C) the taxing entity petitions the commission for the use of a commission 632 approved direct notice.] 633 (8)(a)(i) A fiscal year taxing entity shall, on or before June 1, notify the commission 634 and the county auditor of the date, time, and place of the public hearing described 635 in Subsection (4)(b). 636 (ii) A calendar year taxing entity shall, on or before October 1 of the current calendar 637 year, notify the commission and the county auditor of the date, time, and place of 638 the public hearing described in Subsection (3)(a)(v). 639 (b)(i) A public hearing described in Subsection (3)(a)(v) or (4)(b) shall be: 640 (A) open to the public; [and] 641 (B) held at a meeting of the taxing entity with no items on the agenda other than 642 discussion and action on the taxing entity's intent to levy a tax rate that exceeds - 19 - S.B. 202 01-31 10:27 643 the taxing entity's certified tax rate, the taxing entity's budget, a special 644 district's or special service district's fee implementation or increase, or a 645 combination of these items[.] ; and 646 (C) available for individuals to attend or participate either in person or remotely 647 through electronic means. 648 (ii) The governing body of a taxing entity conducting a public hearing described in 649 Subsection (3)(a)(v) or (4)(b) shall: 650 (A) state the dollar amount of additional ad valorem tax revenue that would be 651 generated each year by the proposed increase in the certified tax rate; 652 (B) explain the reasons for the proposed tax increase, including the taxing entity's 653 intended use of additional ad valorem tax revenue described in Subsection 654 (8)(b)(ii)(A); 655 (C) if the county auditor compiles the list required by Section 59-2-919.2, present 656 the list at the public hearing and make the list available on the taxing entity's 657 public website; and 658 (D) provide an interested party desiring to be heard an opportunity to present oral 659 testimony within reasonable time limits and without unreasonable restriction 660 on the number of individuals allowed to make public comment. 661 (c)(i) Except as provided in Subsection (8)(c)(ii), a taxing entity may not schedule a 662 public hearing described in Subsection (3)(a)(v) or (4)(b) at the same time as the 663 public hearing of another overlapping taxing entity in the same county. 664 (ii) The taxing entities in which the power to set tax levies is vested in the same 665 governing board or authority may consolidate the public hearings described in 666 Subsection (3)(a)(v) or (4)(b) into one public hearing. 667 (d) The county auditor shall resolve any conflict in public hearing dates and times after 668 consultation with each affected taxing entity. 669 (e)(i) A taxing entity shall hold a public hearing described in Subsection (3)(a)(v) or 670 (4)(b) beginning at or after 6 p.m. 671 (ii) If a taxing entity holds a public meeting for the purpose of addressing general 672 business of the taxing entity on the same date as a public hearing described in 673 Subsection (3)(a)(v) or (4)(b), the public meeting addressing general business 674 items shall conclude before the beginning of the public hearing described in 675 Subsection (3)(a)(v) or (4)(b). 676 (f)(i) Except as provided in Subsection (8)(f)(ii), a taxing entity may not hold the - 20 - 01-31 10:27 S.B. 202 677 public hearing described in Subsection (3)(a)(v) or (4)(b) on the same date as 678 another public hearing of the taxing entity. 679 (ii) A taxing entity may hold the following hearings on the same date as a public 680 hearing described in Subsection (3)(a)(v) or (4)(b): 681 (A) a budget hearing; 682 (B) if the taxing entity is a special district or a special service district, a fee 683 hearing described in Section 17B-1-643; 684 (C) if the taxing entity is a town, an enterprise fund hearing described in Section 685 10-5-107.5; or 686 (D) if the taxing entity is a city, an enterprise fund hearing described in Section 687 10-6-135.5. 688 (9)(a) If a taxing entity does not make a final decision on budgeting additional ad 689 valorem tax revenue at a public hearing described in Subsection (3)(a)(v) or (4)(b), 690 the taxing entity shall: 691 (i) announce at that public hearing the scheduled time and place of the next public 692 meeting at which the taxing entity will consider budgeting the additional ad 693 valorem tax revenue; and 694 (ii) if the taxing entity is a fiscal year taxing entity, hold the public meeting described 695 in Subsection (9)(a)(i) before September 1. 696 (b) A calendar year taxing entity may not adopt a final budget that budgets an amount of 697 additional ad valorem tax revenue that exceeds the largest amount of additional ad 698 valorem tax revenue stated at a public meeting under Subsection (3)(a)(i). 699 (c) A public hearing on levying a tax rate that exceeds a fiscal year taxing entity's 700 certified tax rate may coincide with a public hearing on the fiscal year taxing entity's 701 proposed annual budget. 702 (10)(a) A county auditor may conduct an audit to verify a taxing entity's compliance 703 with Subsection (8). 704 (b) If the county auditor, after completing an audit, finds that a taxing entity has failed to 705 meet the requirements of Subsection (8), the county auditor shall prepare and submit 706 a report of the auditor's findings to the commission. 707 (c) The commission may not certify a tax rate that exceeds a taxing entity's certified tax 708 rate if, on or before September 15 of the year in which the taxing entity is required to 709 hold the public hearing described in Subsection (3)(a)(v) or (4)(b), the commission 710 determines that the taxing entity has failed to meet the requirements of Subsection (8). - 21 - S.B. 202 01-31 10:27 711 Section 9. Section 59-2-919.1 is amended to read: 712 59-2-919.1 (Effective 01/01/26). Notice of property valuation and tax changes. 713 (1) In addition to the notice requirements of Section 59-2-919, the county auditor, on or 714 before July 22 of each year, shall notify each owner of real estate who is listed on the 715 assessment roll. 716 (2) The notice described in Subsection (1) shall: 717 (a) except as provided in Subsection (4), be sent to all owners of real property by mail 718 10 or more days before the day on which: 719 (i) the county board of equalization meets; and 720 (ii) the taxing entity holds a public hearing on the proposed increase in the certified 721 tax rate; 722 (b) be on a form that is: 723 (i) approved by the commission; and 724 (ii) uniform in content in all counties in the state; and 725 (c) contain for each property: 726 (i) the assessor's determination of the value of the property; 727 (ii) the taxable value of the property; 728 (iii) for property assessed by the county assessor: 729 (A) instructions on how the taxpayer may file with the county board of 730 equalization an application to appeal the valuation or equalization of the 731 property under Section 59-2-1004, including the link to the statewide web 732 portal developed and maintained by the Multicounty Appraisal Trust in 733 accordance with Subsection 59-2-1606(5)(b) for the uniform filing of appeal 734 applications; and 735 (B)[(A)] the deadline for the taxpayer to make an application to appeal the 736 valuation or equalization of the property under Section 59-2-1004; [or] 737 [(B)] (iv) for property assessed by the commission[,] : 738 (A) instructions on how the taxpayer may file with the commission an application 739 for a hearing on an objection to the valuation or equalization of the property 740 under Section 59-2-1007; 741 (B) the deadline for the taxpayer to apply to the commission for a hearing on an 742 objection to the valuation or equalization of the property under Section 743 59-2-1007; and 744 [(iv)] (C) [for a property assessed by the commission, ]a statement that the - 22 - 01-31 10:27 S.B. 202 745 taxpayer may not appeal the valuation or equalization of the property to the 746 county board of equalization; 747 (v) itemized tax information for all applicable taxing entities, including: 748 (A) the dollar amount of the taxpayer's tax liability for the property in the prior 749 year; and 750 (B) the dollar amount of the taxpayer's tax liability under the current rate; 751 (vi) the following, stated separately: 752 (A) the charter school levy described in Section 53F-2-703; 753 (B) the multicounty assessing and collecting levy described in Subsection 754 59-2-1602(2); 755 (C) the county assessing and collecting levy described in Subsection 59-2-1602 756 (4); 757 (D) levies for debt service voted on by the public; 758 (E) levies imposed for special purposes under Section 10-6-133.4; 759 (F) for a fiscal year that begins on or after July 1, 2023, the combined basic rate as 760 defined in Section 53F-2-301; and 761 (G) if applicable, the annual payment described in Subsection 63H-1-501(4)(a); 762 (vii) the tax impact on the property; 763 (viii) the date, time, and place of the required public hearing for each entity; 764 (ix) property tax information pertaining to: 765 (A) taxpayer relief; and 766 [(B) options for payment of taxes;] 767 [(C) collection procedures; and] 768 [(D)] (B) the residential exemption described in Section 59-2-103; 769 (x) information specifically authorized to be included on the notice under this chapter; 770 (xi) the last property review date of the property as described in Subsection 771 59-2-303.1(1)(c); 772 (xii) instructions on how the taxpayer may obtain additional information regarding 773 the valuation of the property, including the characteristics and features of the 774 property, from[ at least one the following sources]: 775 (A) a website maintained by the county; or 776 (B) the [county assessor's office] statewide web portal developed and maintained 777 by the Multicounty Appraisal Trust in accordance with Subsection 59-2-1606 778 (5)(a) for uniform access to relevant property characteristics and features; and - 23 - S.B. 202 01-31 10:27 779 (xiii) other information approved by the commission. 780 (3) If a taxing entity that is subject to the notice and hearing requirements of Subsection 781 59-2-919(4) proposes a tax increase, the notice described in Subsection (1) shall state, in 782 addition to the information required by Subsection (2): 783 (a) the dollar amount of the taxpayer's tax liability if the proposed increase is approved; 784 (b) the difference between the dollar amount of the taxpayer's tax liability if the 785 proposed increase is approved and the dollar amount of the taxpayer's tax liability 786 under the current rate, placed in close proximity to the information described in 787 Subsection (2)(c)(viii); 788 (c) the percentage increase that the dollar amount of the taxpayer's tax liability under the 789 proposed tax rate represents as compared to the dollar amount of the taxpayer's tax 790 liability under the current tax rate; and 791 (d) for each taxing entity proposing a tax increase, the dollar amount of additional ad 792 valorem tax revenue, as defined in Section 59-2-919, that would be generated each 793 year if the proposed tax increase is approved. 794 (4)(a) Subject to the other provisions of this Subsection (4), a county auditor may, at the 795 county auditor's discretion, provide the notice required by this section to a taxpayer 796 by electronic means if a taxpayer makes an election, according to procedures 797 determined by the county auditor, to receive the notice by electronic means. 798 (b)(i) If a notice required by this section is sent by electronic means, a county auditor 799 shall attempt to verify whether a taxpayer receives the notice. 800 (ii) If receipt of the notice sent by electronic means cannot be verified 14 days or 801 more before the county board of equalization meets and the taxing entity holds a 802 public hearing on a proposed increase in the certified tax rate, the notice required 803 by this section shall also be sent by mail as provided in Subsection (2). 804 (c) A taxpayer may revoke an election to receive the notice required by this section by 805 electronic means if the taxpayer provides written notice to the county auditor on or 806 before April 30. 807 (d) An election or a revocation of an election under this Subsection (4): 808 (i) does not relieve a taxpayer of the duty to pay a tax due under this chapter on or 809 before the due date for paying the tax; or 810 (ii) does not alter the requirement that a taxpayer appealing the valuation or the 811 equalization of the taxpayer's real property submit the application for appeal 812 within the time period provided in Subsection 59-2-1004(3). - 24 - 01-31 10:27 S.B. 202 813 (e) A county auditor shall provide the notice required by this section as provided in 814 Subsection (2), until a taxpayer makes a new election in accordance with this 815 Subsection (4), if: 816 (i) the taxpayer revokes an election in accordance with Subsection (4)(c) to receive 817 the notice required by this section by electronic means; or 818 (ii) the county auditor finds that the taxpayer's electronic contact information is 819 invalid. 820 (f) A person is considered to be a taxpayer for purposes of this Subsection (4) regardless 821 of whether the property that is the subject of the notice required by this section is 822 exempt from taxation. 823 Section 10. Section 59-2-1001 is amended to read: 824 59-2-1001 (Effective 01/01/26). County board of equalization -- Public hearings 825 -- Hearing officers -- Notice of decision -- Rulemaking -- Education and training for 826 county officers. 827 (1) The county legislative body is the county board of equalization and the county auditor is 828 the clerk of the county board of equalization. 829 (2)(a) The county board of equalization shall adjust and equalize the valuation and 830 assessment of the real and personal property within the county, subject to regulation 831 and control by the commission, as prescribed by law. 832 (b) The county board of equalization shall meet and hold public hearings each year to 833 examine the assessment roll and equalize the assessment of property in the county, 834 including the assessment for general taxes of all taxing entities located in the county. 835 (3)(a) Except as provided in Subsection (3)(d), a county board of equalization may: 836 (i) appoint an appraiser licensed in accordance with Title 61, Chapter 2g, Real Estate 837 Appraiser Licensing and Certification Act, as a hearing officer for the purpose of 838 examining an applicant or a witness; or 839 (ii) appoint an individual who is not licensed in accordance with Title 61, Chapter 2g, 840 Real Estate Appraiser Licensing and Certification Act, as a hearing officer for the 841 purpose of examining an applicant or a witness if the county board of equalization 842 determines that the individual has competency relevant to the work of a hearing 843 officer, including competency in: 844 (A) real estate; 845 (B) finance; 846 (C) economics; - 25 - S.B. 202 01-31 10:27 847 (D) public administration; or 848 (E) law. 849 (b) Except as provided in Subsection (3)(d),[ beginning on January 1, 2014,] a county 850 board of equalization may only allow an individual to serve as a hearing officer for 851 the purposes of examining an applicant or a witness if the individual has completed a 852 course the commission: 853 (i) develops in accordance with Subsection (3)(c)(i); or 854 (ii) approves in accordance with Subsection (3)(c)(ii). 855 (c)(i) [On or before January 1, 2014, the] The commission shall develop [a hearing 856 officer training course] and administer a continuing education and training 857 program for hearing officers that includes training in property valuation and 858 administrative law. 859 (ii) In addition to the [course] program the commission develops and administers in 860 accordance with Subsection (3)(c)(i), the commission may approve [a] the 861 continuing education and training program for a hearing officer [training course ] 862 provided by a county or a private entity if the [course] program includes training in 863 property valuation and administrative law. 864 (iii) The commission shall ensure that any education and training [described in] 865 provided to hearing officers under this Subsection (3)(c) complies with Title 63G, 866 Chapter 22, State Training and Certification Requirements. 867 (iv)(A) The commission shall confer a designation of completion upon a hearing 868 officer each time the hearing officer completes the education and training 869 program under Subsection (3)(c)(i) or (ii). 870 (B) A hearing officer shall obtain a designation of completion in accordance with 871 Subsection (3)(c)(iv)(A) within 12 months after the day on which the county 872 board of equalization appoints the hearing officer. 873 (d) A county board of equalization may not appoint a person employed by an assessor's 874 office as a hearing officer. 875 (e) A hearing officer shall transmit the hearing officer's findings to the board, where a 876 quorum shall be required for final action upon any application for exemption, 877 deferral, reduction, or abatement. 878 (4)(a) The clerk of the board of equalization shall notify the taxpayer, in writing, of any 879 decision of the board. 880 (b) The decision shall include any adjustment in the amount of taxes due on the property - 26 - 01-31 10:27 S.B. 202 881 resulting from a change in the taxable value and shall be considered the corrected tax 882 notice. 883 (5) During the session of the board, the assessor or any deputy whose testimony is needed 884 shall be present and may make any statement or introduce and examine witnesses on 885 questions before the board. 886 (6) The county board of equalization may make and enforce any rule which is consistent 887 with statute or commission rule and necessary for the government of the board, the 888 preservation of order, and the transaction of business. 889 (7)(a) In addition to education and training provided to hearing officers under 890 Subsection (3)(c), the commission shall develop and administer an education and 891 training program for county officers whose participation in a county board of 892 equalization is required by Subsection (1), including: 893 (i) members of a county legislative body; and 894 (ii) county auditors. 895 (b) The education and training provided to county officers under this Subsection (7) 896 shall include instruction on: 897 (i) a county officer's duties and obligations in relation to the county board of 898 equalization; 899 (ii) property valuation; and 900 (iii) administrative law. 901 (c)(i) The commission shall confer a designation of completion upon a county officer 902 described in Subsection (7)(a) each time the county officer completes the 903 education and training program under this Subsection (7). 904 (ii) A county officer described in Subsection (7)(a) shall obtain a designation of 905 completion in accordance with Subsection (7)(c)(i) within 12 months after the day 906 on which the county officer starts a term of office. 907 (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 908 commission may make rules for administering an education and training program 909 required by this section. 910 Section 11. Section 59-2-1004 is amended to read: 911 59-2-1004 (Effective 01/01/26). Appeal to county board of equalization -- Real 912 property -- Time period for appeal -- Public hearing requirements -- Decision of board -- 913 Extensions approved by commission -- Appeal to commission. 914 (1) As used in this section: - 27 - S.B. 202 01-31 10:27 915 (a) "Applicable lien date" means January 1 of the year in which the valuation or 916 equalization of real property is appealed to the county board of equalization. 917 (b) "Final assessed value" means: 918 (i) for real property for which the taxpayer appealed the valuation or equalization to 919 the county board of equalization in accordance with this section, the value given 920 to the real property by the county board of equalization, including a value based 921 on a stipulation of the parties; 922 (ii) for real property for which the taxpayer or a county assessor appealed the 923 valuation or equalization to the commission in accordance with Section 59-2-1006, 924 the value given to the real property by: 925 (A) the commission, if the commission has issued a decision in the appeal or the 926 parties have entered a stipulation; or 927 (B) a county board of equalization, if the commission has not yet issued a decision 928 in the appeal and the parties have not entered a stipulation; or 929 (iii) for real property for which the taxpayer or a county assessor sought judicial 930 review of the valuation or equalization in accordance with Section 59-1-602 or 931 Title 63G, Chapter 4, Part 4, Judicial Review, the value given the real property by 932 the commission. 933 (c) "Inflation adjusted value" means the value of the real property that is the subject of 934 the appeal as calculated by changing the final assessed value for the previous taxable 935 year for the real property by the median property value change. 936 (d) "Median property value change" means the midpoint of the property value changes 937 for all real property that is: 938 (i) of the same class of real property as the qualified real property; and 939 (ii) located within the same county and within the same market area as the qualified 940 real property. 941 (e) "Property value change" means the percentage change in the fair market value of real 942 property on or after January 1 of the previous year and before January 1 of the 943 current year. 944 (f) "Qualified real property" means real property: 945 (i) for which: 946 (A) the taxpayer or a county assessor appealed the valuation or equalization for 947 the previous taxable year to the county board of equalization in accordance 948 with this section or the commission in accordance with Section 59-2-1006; - 28 - 01-31 10:27 S.B. 202 949 (B) the appeal described in Subsection (1)(f)(i)(A), resulted in a final assessed 950 value that was lower than the assessed value; and 951 (C) the assessed value for the current taxable year is higher than the inflation 952 adjusted value; and 953 (ii) that, on or after January 1 of the previous taxable year and before January 1 of the 954 current taxable year, has not had a qualifying change. 955 (g) "Qualifying change" means one of the following changes to real property that occurs 956 on or after January 1 of the previous taxable year and before January 1 of the current 957 taxable year: 958 (i) a physical improvement if, solely as a result of the physical improvement, the fair 959 market value of the physical improvement equals or exceeds the greater of 10% of 960 fair market value of the real property or $20,000; 961 (ii) a zoning change, if the fair market value of the real property increases solely as a 962 result of the zoning change; or 963 (iii) a change in the legal description of the real property, if the fair market value of 964 the real property increases solely as a result of the change in the legal description 965 of the real property. 966 (h) "Qualifying contract" means a contract for the completed sale of residential property 967 that: 968 (i) involves residential property for which a taxpayer appealed the valuation or 969 equalization to the county board of equalization; 970 (ii) identifies the final sales price for the residential property described in Subsection 971 (1)(h)(i); and 972 (iii) is executed within six months before or after the applicable lien date. 973 (2)(a) A taxpayer dissatisfied with the valuation or the equalization of the taxpayer's real 974 property may make an application to appeal by: 975 (i) subject to Subsection (2)(d), filing the application with the county board of 976 equalization within the time period described in Subsection (3); or 977 (ii) making an application by telephone [or other electronic means ]within the time 978 period described in Subsection (3) if the county legislative body passes a 979 resolution under Subsection (11) authorizing a taxpayer to make an application by 980 telephone[ or other electronic means]. 981 (b)(i) The county board of equalization shall make a rule describing the contents of 982 the application. - 29 - S.B. 202 01-31 10:27 983 (ii) In addition to any information the county board of equalization requires, the 984 application shall include information about: 985 (A) the burden of proof in an appeal involving qualified real property; and 986 (B) the process for the taxpayer to learn the inflation adjusted value of the 987 qualified real property. 988 (c)(i)(A) The county assessor shall notify the county board of equalization of a 989 qualified real property's inflation adjusted value within 15 business days after 990 the date on which the county assessor receives notice that a taxpayer filed an 991 appeal with the county board of equalization. 992 (B) The county assessor shall notify the commission of a qualified real property's 993 inflation adjusted value within 15 business days after the date on which the 994 county assessor receives notice that a person dissatisfied with the decision of a 995 county board of equalization files an appeal with the commission. 996 (ii)(A) A person may not appeal a county assessor's calculation of inflation 997 adjusted value but may appeal the fair market value of a qualified real property. 998 (B) A person may appeal a determination of whether, on or after January 1 of the 999 previous taxable year and before January 1 of the current taxable year, real 1000 property had a qualifying change. 1001 (d) For purposes of Subsection (2)(a), the county board of equalization shall ensure that 1002 a taxpayer has the ability to access and file an application to appeal the valuation or 1003 equalization of real property through electronic means. 1004 (3)(a) Except as provided in Subsection (3)(b) and for purposes of Subsection (2), a 1005 taxpayer shall make an application to appeal the valuation or the equalization of the 1006 taxpayer's real property on or before the later of: 1007 (i) September 15 of the current calendar year; or 1008 (ii) the last day of a 45-day period beginning on the day on which the county auditor 1009 provides the notice under Section 59-2-919.1. 1010 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 1011 commission shall make rules providing for circumstances under which the county 1012 board of equalization is required to accept an application to appeal that is filed after 1013 the time period prescribed in Subsection (3)(a). 1014 (4)(a) The taxpayer shall include in the application under Subsection (2)(a): 1015 (i) the taxpayer's estimate of the fair market value of the property and any evidence 1016 that may indicate that the assessed valuation of the taxpayer's property is - 30 - 01-31 10:27 S.B. 202 1017 improperly equalized with the assessed valuation of comparable properties; and 1018 (ii) a signed statement of the personal property located in a multi-tenant residential 1019 property, as that term is defined in Section 59-2-301.8 if the taxpayer: 1020 (A) appeals the value of multi-tenant residential property assessed in accordance 1021 with Section 59-2-301.8; and 1022 (B) intends to contest the value of the personal property located within the 1023 multi-tenant residential property. 1024 (b) For an appeal involving qualified real property, the county board of equalization 1025 shall presume that the fair market value of the qualified real property is equal to the 1026 inflation adjusted value. 1027 (5) Subject to Subsection (6), in reviewing evidence submitted to a county board of 1028 equalization by or on behalf of an owner or a county assessor, the county board of 1029 equalization shall consider and weigh: 1030 (a) the accuracy, reliability, and comparability of the evidence presented by the owner or 1031 the county assessor; 1032 (b) if submitted, the sales price of relevant property that was under contract for sale as of 1033 the lien date but sold after the lien date; 1034 (c) if submitted, the sales offering price of property that was offered for sale as of the 1035 lien date but did not sell, including considering and weighing the amount of time for 1036 which, and manner in which, the property was offered for sale; and 1037 (d) if submitted, other evidence that is relevant to determining the fair market value of 1038 the property. 1039 (6)(a) This Subsection (6) applies only to an appeal to a county board of equalization 1040 involving the valuation or equalization of residential property that is not qualified 1041 real property. 1042 (b) If a qualifying contract is submitted as evidence in an appeal described in Subsection 1043 (6)(a), the only evidence that the county board of equalization or hearing officer may 1044 consider to determine that the final sales price identified in the qualifying contract 1045 does not provide an accurate or reliable indication of the fair market value of the 1046 residential property is evidence of the following, if submitted: 1047 (i) evidence disputing the nature of the qualifying contract as an arms-length 1048 transaction; 1049 (ii) evidence demonstrating that changes in market conditions have occurred in the 1050 time period between the day on which the qualifying contract was executed and - 31 - S.B. 202 01-31 10:27 1051 the applicable lien date; or 1052 (iii) evidence demonstrating that a qualifying change to the residential property has 1053 occurred in the time period between the day on which the qualifying contract was 1054 executed and the applicable lien date. 1055 (c) In determining the fair market value of residential property in an appeal described in 1056 Subsection (6)(a), the county board of equalization may not consider any evidence or 1057 information other than the evidence submitted to the county board of equalization by 1058 the parties in the appeal. 1059 (7)(a) Except as provided in Subsection (7)(b), at least five days before the day on which 1060 the county board of equalization holds a public hearing on an appeal: 1061 (i) the county assessor shall provide the taxpayer any evidence the county assessor 1062 relies upon in support of the county assessor's valuation; and 1063 (ii) the taxpayer shall provide the county assessor any evidence not previously 1064 provided to the county assessor that the taxpayer relies upon in support of the 1065 taxpayer's appeal. 1066 (b)(i) The deadline described in Subsection (7)(a) does not apply to evidence that is 1067 commercial information as defined in Section 59-1-404, if: 1068 (A) for the purpose of complying with Section 59-1-404, the county assessor 1069 requires that the taxpayer execute a nondisclosure agreement before the county 1070 assessor discloses the evidence; and 1071 (B) the taxpayer fails to execute the nondisclosure agreement before the deadline 1072 described in Subsection (7)(a). 1073 (ii) The county assessor shall disclose evidence described in Subsection (7)(b)(i) as 1074 soon as practicable after the county assessor receives the executed nondisclosure 1075 agreement. 1076 (iii) The county assessor shall provide the taxpayer a copy of the nondisclosure 1077 agreement with reasonable time for the taxpayer to review and execute the 1078 agreement before the deadline described in Subsection (7)(a) expires. 1079 (c) If at the public hearing, a party presents evidence not previously provided to the 1080 other party, the county board of equalization shall allow the other party to respond to 1081 the evidence in writing within 10 days after the day on which the public hearing 1082 occurs. 1083 (d)(i) A county board of equalization may adopt rules governing the deadlines 1084 described in this Subsection (7), if the rules are no less stringent than the - 32 - 01-31 10:27 S.B. 202 1085 provisions of this Subsection (7). 1086 (ii) A county board of equalization's rule that complies with Subsection (7)(d)(i) 1087 controls over the provisions of this subsection. 1088 (8)(a) The county board of equalization shall meet and hold public hearings as described 1089 in Section 59-2-1001. 1090 (b)(i) For purposes of this Subsection (8)(b), "significant adjustment" means a 1091 proposed adjustment to the valuation of real property that: 1092 (A) is to be made by a county board of equalization; and 1093 (B) would result in a valuation that differs from the original assessed value by at 1094 least 20% and $1,000,000. 1095 (ii) When a county board of equalization is going to consider a significant 1096 adjustment, the county board of equalization shall: 1097 (A) list the significant adjustment as a separate item on the agenda of the public 1098 hearing at which the county board of equalization is going to consider the 1099 significant adjustment; and 1100 (B) for purposes of the agenda described in Subsection (8)(b)(ii)(A), provide a 1101 description of the property for which the county board of equalization is 1102 considering a significant adjustment. 1103 (c) The county board of equalization shall make a decision on each appeal filed in 1104 accordance with this section within 60 days after the day on which the taxpayer 1105 makes an application. 1106 (d) The commission may approve the extension of a time period provided for in 1107 Subsection (8)(c) for a county board of equalization to make a decision on an appeal. 1108 (e) Unless the commission approves the extension of a time period under Subsection 1109 (8)(d), if a county board of equalization fails to make a decision on an appeal within 1110 the time period described in Subsection (8)(c), the county legislative body shall: 1111 (i) list the appeal, by property owner and parcel number, on the agenda for the next 1112 meeting the county legislative body holds after the expiration of the time period 1113 described in Subsection (8)(c); and 1114 (ii) hear the appeal at the meeting described in Subsection (8)(e)(i). 1115 (f) The decision of the county board of equalization shall contain: 1116 (i) a determination of the valuation of the property based on fair market value; and 1117 (ii) a conclusion that the fair market value is properly equalized with the assessed 1118 value of comparable properties. - 33 - S.B. 202 01-31 10:27 1119 (g) If no evidence is presented before the county board of equalization, the county board 1120 of equalization shall presume that the equalization issue has been met. 1121 (h)(i) If the fair market value of the property that is the subject of the appeal deviates 1122 plus or minus 5% from the assessed value of comparable properties, the county 1123 board of equalization shall adjust the valuation of the appealed property to reflect 1124 a value equalized with the assessed value of comparable properties. 1125 (ii) Subject to Sections 59-2-301.1, 59-2-301.2, 59-2-301.3, and 59-2-301.4, 1126 equalized value established under Subsection (8)(h)(i) shall be the assessed value 1127 for property tax purposes until the county assessor is able to evaluate and equalize 1128 the assessed value of all comparable properties to bring all comparable properties 1129 into conformity with full fair market value. 1130 (9)(a) If the decision of the county board of equalization warrants a refund of any 1131 amount of property taxes paid for the tax year for the real property that is the subject 1132 of the appeal, the county shall issue the refund directly to the taxpayer that paid the 1133 property taxes, or an officer or agent of that taxpayer as identified in the information 1134 provided under Subsection (9)(b), regardless of whether the taxpayer is the owner of 1135 record of the real property at the time the decision is rendered. 1136 (b) A taxpayer entitled to a refund under this section that is not the owner of record of 1137 the real property subject to the appeal shall, within 10 calendar days after the day on 1138 which the decision of the county board of equalization is rendered, provide the 1139 following information to the county board of equalization: 1140 (i) a statement that the taxpayer is entitled to receive the refund under Subsection 1141 (9)(a); 1142 (ii) the name of the taxpayer, or an officer or agent of that taxpayer, entitled to 1143 receive the refund; 1144 (iii) the mailing address of the taxpayer, or an officer or agent of that taxpayer, to 1145 which the taxpayer requests the refund to be sent; and 1146 (iv) any other information requested by the county board of equalization. 1147 (10) If any taxpayer is dissatisfied with the decision of the county board of equalization, the 1148 taxpayer may file an appeal with the commission as described in Section 59-2-1006. 1149 (11) A county legislative body may pass a resolution authorizing taxpayers owing taxes on 1150 property assessed by that county to file property tax appeals applications under this 1151 section by telephone[ or other electronic means]. 1152 Section 12. Section 59-2-1018 is enacted to read: - 34 - 01-31 10:27 S.B. 202 1153 59-2-1018 (Effective 05/07/25). Reporting of county appeals information. 1154 (1) On or before May 1 of each year, a county board of equalization shall report the 1155 following information to the commission: 1156 (a) the number of appeals involving the valuation or equalization of real property for 1157 which the county board of equalization issued a decision during the preceding 1158 calendar year in accordance with Section 59-2-1004; and 1159 (b) for each appeal described in Subsection (1)(a): 1160 (i) whether the property is residential or commercial; 1161 (ii) the original assessed value of the property; and 1162 (iii) the value given to the property by the county board of equalization. 1163 (2) The commission shall report the appeals information provided by county boards of 1164 equalization under Subsection (1) to the Revenue and Taxation Interim Committee on or 1165 before July 31 of each year. 1166 Section 13. Section 59-2-1317 is amended to read: 1167 59-2-1317 (Effective 01/01/26). Tax notice -- Contents of notice -- Procedures 1168 and requirements for providing notice. 1169 (1) As used in this section, "political subdivision lien" means the same as that term is 1170 defined in Section 11-60-102. 1171 (2) Subject to the other provisions of this section, the county treasurer shall: 1172 (a) collect the taxes and tax notice charges; and 1173 (b) provide a notice to each taxpayer that contains the following: 1174 (i) the kind and value of property assessed to the taxpayer; 1175 (ii) the street address of the property, if available to the county; 1176 (iii) that the property may be subject to a detailed review in the next year under 1177 Section 59-2-303.1; 1178 (iv) the amount of taxes levied; 1179 (v) a separate statement of the taxes levied only on a certain kind or class of property 1180 for a special purpose; 1181 (vi) [property tax information pertaining to taxpayer relief, options for payment of 1182 taxes,] instructions for payment of the taxes and tax notice charges applicable to 1183 the property, including the taxpayer's payment options and collection procedures; 1184 (vii) any tax notice charges applicable to the property, including: 1185 (A) if applicable, a political subdivision lien for road damage that a railroad 1186 company causes, as described in Section 10-7-30; - 35 - S.B. 202 01-31 10:27 1187 (B) if applicable, a political subdivision lien for municipal water distribution, as 1188 described in Section 10-8-17, or a political subdivision lien for an increase in 1189 supply from a municipal water distribution, as described in Section 10-8-19; 1190 (C) if applicable, a political subdivision lien for unpaid abatement fees as 1191 described in Section 10-11-4; 1192 (D) if applicable, a political subdivision lien for the unpaid portion of an 1193 assessment assessed in accordance with Title 11, Chapter 42, Assessment Area 1194 Act, or Title 11, Chapter 42a, Commercial Property Assessed Clean Energy 1195 Act, including unpaid costs, charges, and interest as of the date the local entity 1196 certifies the unpaid amount to the county treasurer; 1197 (E) if applicable, for a special district in accordance with Section 17B-1-902, a 1198 political subdivision lien for an unpaid fee, administrative cost, or interest; 1199 (F) if applicable, a political subdivision lien for an unpaid irrigation district use 1200 charge as described in Section 17B-2a-506; 1201 (G) if applicable, a political subdivision lien for a contract assessment under a 1202 water contract, as described in Section 17B-2a-1007; 1203 (H) if applicable, a property tax penalty that a public infrastructure district 1204 imposes, as described in Section 17D-4-304; and 1205 (I) if applicable, an annual payment to the Military Installation Development 1206 Authority or an entity designated by the authority in accordance with Section 1207 63H-1-501; 1208 (viii) if a county's tax notice includes an assessment area charge, a statement that, due 1209 to potentially ongoing assessment area charges, costs, penalties, and interest, 1210 payment of a tax notice charge may not: 1211 (A) pay off the full amount the property owner owes to the tax notice entity; or 1212 (B) cause a release of the lien underlying the tax notice charge; 1213 (ix) if applicable, the annual payment described in Subsection 63H-1-501(4)(a); 1214 (x) the date the taxes and tax notice charges are due; 1215 (xi) the street address or website at which the taxes and tax notice charges may be 1216 paid; 1217 (xii) the date on which the taxes and tax notice charges are delinquent; 1218 (xiii) the penalty imposed on delinquent taxes and tax notice charges; 1219 (xiv) a statement that explains the taxpayer's right to direct allocation of a partial 1220 payment in accordance with Subsection (9); - 36 - 01-31 10:27 S.B. 202 1221 (xv) other information specifically authorized to be included on the notice under this 1222 chapter; 1223 (xvi) other property tax information approved by the commission; and 1224 (xvii) if sent in calendar year 2024, 2025, or 2026: 1225 (A) notice that the taxpayer may request electronic notice as described in 1226 Subsection 17-21-6(1)(m); and 1227 (B) instructions describing how to elect to receive a notice as described in 1228 Subsection 17-21-6(1)(m). 1229 (3)(a) Unless expressly allowed under this section or another statutory provision, the 1230 treasurer may not add an amount to be collected to the property tax notice. 1231 (b) If the county treasurer adds an amount to be collected to the property tax notice 1232 under this section or another statutory provision that expressly authorizes the item's 1233 inclusion on the property tax notice: 1234 (i) the amount constitutes a tax notice charge; and 1235 (ii)(A) the tax notice charge has the same priority as property tax; and 1236 (B) a delinquency of the tax notice charge triggers a tax sale, in accordance with 1237 Section 59-2-1343. 1238 (4) For any property for which property taxes or tax notice charges are delinquent, the 1239 notice described in Subsection (2) shall state, "Prior taxes or tax notice charges are 1240 delinquent on this parcel." 1241 (5) Except as provided in Subsection (6), the county treasurer shall: 1242 (a) mail the notice required by this section, postage prepaid; or 1243 (b) leave the notice required by this section at the taxpayer's residence or usual place of 1244 business, if known. 1245 (6)(a) Subject to the other provisions of this Subsection (6), a county treasurer may, at 1246 the county treasurer's discretion, provide the notice required by this section by 1247 electronic mail if a taxpayer makes an election, according to procedures determined 1248 by the county treasurer, to receive the notice by electronic mail. 1249 (b) A taxpayer may revoke an election to receive the notice required by this section by 1250 electronic mail if the taxpayer provides written notice to the treasurer on or before 1251 October 1. 1252 (c) A revocation of an election under this section does not relieve a taxpayer of the duty 1253 to pay a tax or tax notice charge due under this chapter on or before the due date for 1254 paying the tax or tax notice charge. - 37 - S.B. 202 01-31 10:27 1255 (d) A county treasurer shall provide the notice required by this section using a method 1256 described in Subsection (5), until a taxpayer makes a new election in accordance with 1257 this Subsection (6), if: 1258 (i) the taxpayer revokes an election in accordance with Subsection (6)(b) to receive 1259 the notice required by this section by electronic mail; or 1260 (ii) the county treasurer finds that the taxpayer's electronic mail address is invalid. 1261 (e) A person is considered to be a taxpayer for purposes of this Subsection (6) regardless 1262 of whether the property that is the subject of the notice required by this section is 1263 exempt from taxation. 1264 (7)(a) The county treasurer shall provide the notice required by this section to a taxpayer 1265 on or before November 1. 1266 (b) The county treasurer shall keep on file in the county treasurer's office the information 1267 set forth in the notice. 1268 (c) The county treasurer is not required to mail a tax receipt acknowledging payment. 1269 (8) This section does not apply to property taxed under Section 59-2-1302 or 59-2-1307. 1270 (9)(a) A taxpayer who pays less than the full amount due on the taxpayer's property tax 1271 notice may, on a form provided by the county treasurer, direct how the county 1272 treasurer allocates the partial payment between: 1273 (i) the total amount due for property tax; 1274 (ii) the amount due for assessments, past due special district fees, and other tax notice 1275 charges; and 1276 (iii) any other amounts due on the property tax notice. 1277 (b) The county treasurer shall comply with a direction submitted to the county treasurer 1278 in accordance with Subsection (9)(a). 1279 (c) The provisions of this Subsection (9) do not: 1280 (i) affect the right or ability of a local entity to pursue any available remedy for 1281 non-payment of any item listed on a taxpayer's property tax notice; or 1282 (ii) toll or otherwise change any time period related to a remedy described in 1283 Subsection (9)(c)(i). 1284 Section 14. Section 59-2-1602 is amended to read: 1285 59-2-1602 (Effective 01/01/26). Property Tax Valuation Fund -- Statewide levy -- 1286 Additional county levy. 1287 (1)(a) There is created a custodial fund known as the "Property Tax Valuation Fund." 1288 (b) The fund consists of: - 38 - 01-31 10:27 S.B. 202 1289 (i) deposits made and penalties received under Subsection (3); and 1290 (ii) interest on money deposited into the fund. 1291 (c) Deposits, penalties, and interest described in Subsection (1)(b) shall be disbursed and 1292 used as provided in Section 59-2-1603. 1293 (2)(a) Each county shall annually impose a multicounty assessing and collecting levy as 1294 provided in this Subsection (2). 1295 (b) The tax rate of the multicounty assessing and collecting levy is: 1296 (i) for a calendar year beginning on or after January 1, 2022, and before January 1, 1297 2025,.000015; and 1298 (ii) for a calendar year beginning on or after January 1, 2025, the certified revenue 1299 levy rounded up to the sixth decimal place. 1300 (c) The state treasurer shall [allocate] deposit all revenue collected from the multicounty 1301 assessing and collecting levy [as follows:] into the Multicounty Appraisal Trust. 1302 [(i) 18% of the revenue collected shall be deposited into the Property Tax Valuation 1303 Fund, up to $500,000 annually; and] 1304 [(ii) after the deposit described in Subsection (2)(c)(i), all remaining revenue 1305 collected from the multicounty assessing and collecting levy shall be deposited 1306 into the Multicounty Appraisal Trust.] 1307 (3)(a) The multicounty assessing and collecting levy imposed under Subsection (2) shall 1308 be separately stated on the tax notice as a multicounty assessing and collecting levy. 1309 (b) The multicounty assessing and collecting levy is: 1310 (i) exempt from Sections 17C-1-403 through 17C-1-406; 1311 (ii) in addition to and exempt from the maximum levies allowable under Section 1312 59-2-908; and 1313 (iii) exempt from the notice and public hearing requirements of Section 59-2-919. 1314 (c)(i) Each county shall transmit quarterly to the state treasurer the revenue collected 1315 from the multicounty assessing and collecting levy. 1316 (ii) The revenue transmitted under Subsection (3)(c)(i) shall be transmitted no later 1317 than the tenth day of the month following the end of the quarter in which the 1318 revenue is collected. 1319 (iii) If revenue transmitted under Subsection (3)(c)(i) is transmitted after the tenth 1320 day of the month following the end of the quarter in which the revenue is 1321 collected, the county shall pay an interest penalty at the rate of 10% each year 1322 until the revenue is transmitted. - 39 - S.B. 202 01-31 10:27 1323 (d) The state treasurer shall allocate the penalties received under this Subsection (3) in 1324 the same manner as revenue is allocated under Subsection (2)(c). 1325 (4)(a) A county may levy a county additional property tax in accordance with this 1326 Subsection (4). 1327 (b) The county additional property tax: 1328 (i) shall be separately stated on the tax notice as a county assessing and collecting 1329 levy; 1330 (ii) may not be incorporated into the rate of any other levy; 1331 (iii) is exempt from Sections 17C-1-403 through 17C-1-406; and 1332 (iv) is in addition to and exempt from the maximum levies allowable under Section 1333 59-2-908. 1334 (c) Revenue collected from the county additional property tax shall be used to: 1335 (i) promote the accurate valuation and uniform assessment levels of property as 1336 required by Section 59-2-103; 1337 (ii) promote the efficient administration of the property tax system, including the 1338 costs of assessment, collection, and distribution of property taxes; 1339 (iii) fund state mandated actions to meet legislative mandates or judicial or 1340 administrative orders that relate to promoting: 1341 (A) the accurate valuation of property; and 1342 (B) the establishment and maintenance of uniform assessment levels within and 1343 among counties; and 1344 (iv) establish reappraisal programs that: 1345 (A) are adopted by a resolution or ordinance of the county legislative body; and 1346 (B) conform to rules the commission makes in accordance with Title 63G, 1347 Chapter 3, Utah Administrative Rulemaking Act. 1348 Section 15. Section 59-2-1606 is amended to read: 1349 59-2-1606 (Effective 01/01/26). Statewide property tax system funding for 1350 counties -- Disbursements to the Multicounty Appraisal Trust -- Use of funds. 1351 (1) The funds deposited into the Multicounty Appraisal Trust in accordance with Section 1352 59-2-1602 shall be used to provide funding for: 1353 (a) a statewide property tax system that will promote: 1354 (i) the accurate valuation of property; 1355 (ii) the establishment and maintenance of uniform assessment levels among counties 1356 within the state; - 40 - 01-31 10:27 S.B. 202 1357 (iii) efficient administration of the property tax system, including the costs of 1358 assessment, collection, and distribution of property taxes; and 1359 (iv) the uniform filing of a signed statement a county assessor requests under Section 1360 59-2-306, including implementation of a statewide electronic filing system; and 1361 (b) property valuation services within the counties. 1362 (2)(a) An association representing at least two-thirds of the counties in the state shall 1363 appoint a trustee. 1364 (b) The trustee of the Multicounty Appraisal Trust shall: 1365 (i) determine which projects to fund, including property valuation services within 1366 counties; and 1367 (ii) oversee the administration of a statewide property tax system that meets the 1368 requirements of Subsection (1)(a). 1369 (3)(a) Subject to Subsection (3)(b), the trustee of the Multicounty Appraisal Trust may, 1370 in order to promote the objectives described in Subsection (1), use funds deposited 1371 into the Multicounty Appraisal Trust to hire one or more professional appraisers to 1372 provide property valuation services within a county of the third, fourth, fifth, or sixth 1373 class. 1374 (b) A professional appraiser hired to provide property valuation services under this 1375 Subsection (3) shall: 1376 (i) hold an appraiser's certificate or license from the Division of Real Estate in 1377 accordance with Title 61, Chapter 2g, Real Estate Appraiser Licensing and 1378 Certification Act; and 1379 (ii) be approved by: 1380 (A) the commission; and 1381 (B) an association representing two or more counties in the state. 1382 (4)(a) Except as provided in Subsection (4)(b), each county shall adopt the statewide 1383 property tax system on or before January 1, 2026. 1384 (b) A county is exempt from the requirement in Subsection (4)(a) if: 1385 (i) the county utilizes a computer assisted property tax system for mass appraisal 1386 other than the statewide property tax system; 1387 (ii) the county demonstrates to the trustee of the Multicounty Appraisal Trust and to 1388 the commission that the property tax system described in Subsection (4)(b)(i) is 1389 interoperable with the statewide property tax system; and 1390 (iii) the trustee of the Multicounty Appraisal Trust and the commission approve the - 41 - S.B. 202 01-31 10:27 1391 county's exemption from the requirement in Subsection (4)(a). 1392 (c) The commission and an association that represents at least two-thirds of the counties 1393 in the state shall assist any county adopting the statewide property tax system. 1394 (5) In order to promote the objectives described in Subsection (1), the trustee of the 1395 Multicounty Appraisal Trust shall use funds deposited into the Multicounty Appraisal 1396 Trust to: 1397 (a) subject to Subsection (6), develop and maintain a statewide web portal for uniform 1398 access to property characteristics and features relevant to the valuation of real 1399 property; 1400 (b) develop and maintain a statewide web portal for the uniform filing of an application 1401 to appeal the valuation or equalization of real property with a county board of 1402 equalization under Section 59-2-1004; and 1403 (c) assist counties with tracking and reporting appeals information to the commission in 1404 accordance with Section 59-2-1018. 1405 (6)(a) The statewide web portal described in Subsection (5)(a) shall, at a minimum, 1406 specify the following property characteristics and features: 1407 (i) property owner's name; 1408 (ii) parcel or serial number; 1409 (iii) situs address; 1410 (iv) mailing address; 1411 (v) tax area; 1412 (vi) the neighborhood; 1413 (vii) property type; 1414 (viii) land type; 1415 (ix) quality or condition; 1416 (x) year of construction; 1417 (xi) gross living area; 1418 (xii) acreage; 1419 (xiii) market value; and 1420 (xiv) taxable value. 1421 (b) In developing the statewide web portal described in Subsection (5)(b), the 1422 Multicounty Appraisal Trust may link the statewide web portal to a web portal 1423 maintained by a county for accessing property characteristics and features within the 1424 county if the Multicounty Appraisal Trust determines that the county web portal - 42 - 01-31 10:27 S.B. 202 1425 meets the requirements of Subsection (6)(a). 1426 Section 16. FY 2026 Appropriations. 1427 The following sums of money are appropriated for the fiscal year beginning July 1, 1428 2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 1429 fiscal year 2026. 1430 Subsection 16(a). Operating and Capital Budgets 1431 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the 1432 Legislature appropriates the following sums of money from the funds or accounts indicated for 1433 the use and support of the government of the state of Utah. 1434 ITEM 1 To Office of the State Auditor - State Auditor 1435 From General Fund, One-time 250,000 1436 Schedule of Programs: 1437 State Auditor 250,000 1438 Under the provisions of Utah Code Annotated 1439 Title 63G Chapter 6b, the Legislature intends that the 1440 State Auditor provide a direct award grant of $250,000 1441 one-time to the Multicounty Appraisal Trust in FY 2026 1442 for the development and maintenance of the statewide 1443 web portals required by Section 59-2-1606, Utah Code 1444 Annotated. 1445 Section 17. Effective Date. 1446 (1) Except as provided in Subsection (2), this bill takes effect for a taxable year beginning 1447 on or after January 1, 2026. 1448 (2) The actions affecting the following sections take effect on May 7, 2025: 1449 (a) Section 59-1-210 (Effective 05/07/25); 1450 (b) Section 59-2-303.1 (Effective 05/07/25); 1451 (c) Section 59-2-311 (Effective 05/07/25); 1452 (d) Section 59-2-331 (Effective 05/07/25); 1453 (e) Section 59-2-702.5 (Effective 05/07/25); 1454 (f) Section 59-2-703 (Effective 05/07/25); 1455 (g) Section 59-2-704 (Effective 05/07/25); and 1456 (h) Section 59-2-1018 (Effective 05/07/25). - 43 -