Utah State Bulletin, January 15, 2012, Vol. 2012, No. 2

FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION DAR File No. 35592The Tax Commission shall order counties to adjustassessment rates to coincide with the studies; allows TaxCommission to conduct appraisals in a county with insufficientsales data. Section 59-2-704.5 requires the Tax Commissionto adopt, by rule, standards for determining acceptableassessment levels and valuation deviations within eachcounty. Section 59-2-705 requires the Tax Commission toprovide qualified personal property appraisers to the countyto aid in the audit of taxable personal property in the county.Section 59-2-801 provides a methodology for the TaxCommission to apportion the assessment of propertyassessed by it. Section 59-2-918.5 prohibits a taxing entityfrom imposing a judgment levy without advertising that intentand holding a public hearing on the matter; provides arequired format for the advertisement. Section 59-2-919prohibits a tax rate in excess of the certified tax rate unlessthe taxing entity approves a resolution after first advertisingthat intent; provides a required format for the notice of theproposed tax increase; requires the county auditor to notify allowners of real property, prior to July 22, of a hearing on theproposed increase; sets forth guidelines for the hearing.Section 59-2-919.1 requires a county auditor to provide anotice by mail to each property owner, on or before July 22,and prescribes the form and content of that notice. Section59-2-924 requires the county assessor to report the valuationof property within the county to the county auditor and the TaxCommission, and requires the county auditor to report thatinformation, along with the certified tax rate, to each taxingentity; defines certified tax rate and indicates how the certifiedtax rate shall be determined; requires the county auditor tonotify all property owners of any intent o exceed the certifiedtax rate. Section 59-2-1004 allows a taxpayer dissatisfiedwith a valuation or equalization to appeal to the board ofequalization; requires the county board of equalization to holdpublic hearings; allows a taxpayer to appeal the decision ofthe board of equalization to the Tax Commission. Section 59-2-1101 exempts the owner of certain property from taxation;requires an owner to file an affidavit, if required by the TaxCommission, in order to receive exempt status for theproperty value. Section 59-2-1101(d) provides that propertyowned by a nonprofit entity and used exclusively for religiouspurposes is exempt from tax. Section 59-2-1102 provides themanner in which a county board of equalization shalldetermine whether certain property within the county isexempt from taxation. Section 59-2-1104 defines "residence;"exempts from property tax certain property owned bydisabled veterans or their unmarried surviving spouses andminor orphans. Section 59-2-1106 exempts from property taxcertain property owned by blind persons or their unmarriedsurviving spouses or minor orphans; authorizes county toprovide refunds for those qualifying for this exemption.Sections 59-2-1107 through 59-2-1109 authorize a county todefer or abate taxes paid by indigent persons. Section 59-2-1113 exempts household furnishings, furniture, andequipment that are used exclusively by the owner at theowner's place of residence from property tax. Section 59-2-1115 indicates tangible personal property that is exempt fromtaxation, and allows the commission to make rules toimplement the section. Subsection 59-2-1202 (5) defines"household income" for purposes of the homeowner's andrenter's property tax credits. Section 59-2-1317 requires thetreasurer to collect the taxes and furnish tax notices totaxpayers; indicates the information that shall be included onthe notice. Section 59-2-1328 requires the payment ofrefunds and interest if a tax paid under protest was unlawfullycollected; allows a taxing entity to impose a judgment levy topay its share of eligible judgments. Section 59-2-1330provides that if a board of equalization, court, or thecommission orders a reduction in the tax on a property, thetaxpayer shall receive a refund of that tax, plus interest;provides an interest rate for refunds and sets a time withinwhich the refund and interest must be paid; allows a taxingentity to impose a judgment levy to pay its share of eligiblejudgments. Section 59-2-1347 allows the county legislativebody and the Tax Commission the right to defer or adjust theproperty tax of an individual if it is determined that it is in thebest interest of the state or the county; provides proceduresfor applying for deferral; requires county legislative body orthe Tax Commission to post notice of any deferrals oradjustments. Section 59-2-1351.1 provides procedures forsale of personal property seized as a result of failure to payproperty tax; includes notice requirements for sale of theproperty.SUMMARY OF WRITTEN COMMENTS RECEIVED DURINGAND SINCE THE LAST FIVE YEAR REVIEW OF THE RULEFROM INTERESTED PERSONS SUPPORTING OROPPOSING THE RULE: None.REASONED JUSTIFICATION FOR THE CONTINUATION OFTHE RULE, INCLUDING REASONS WHY THE AGENCYDISAGREES WITH COMMENTS IN OPPOSITION TO THERULE, IF ANY: Section R884-24P-5 defines "householdincome" with regard to property tax abatements or deferralsfor indigent persons; states that absence from residence dueto vacation, confinement to hospital or other temporarysituations shall not be deducted from the ten-month residencyrequirement of Section 59-2-1109. Section R884-24P-7defines terms; provides a methodology for assessment ofmining properties. Section R884-24P-10 defines terms andprovides methodology necessary for taxation of undergroundrights in land that contains deposits of oil or gas; alsoprovides for withholding of these taxes. Section R884-24P-14 requires assessor to consider preservation easementswhen valuing historically significant real property andstructures; also requires property owner to inform assessor ofthe preservation easement. Section R884-24P-16 definesterms and provides a methodology for valuing InterlocalCooperation Act project entity properties. Refers to Section11-13-25 which is renumbered. Section R884-24P-19 setsforth the ad valorem training and designation program.Section R884-24P-20 defines terms concerning the appraisalof property under construction and provides methodology forvaluing that property. Section R884-24P-24 sets forth formcounty auditor must use to notify real property owners ofproperty valuation and tax changes; provides guidelines to beused in determining new growth, the certified tax rate, andincrease in property tax revenues. Section R884-24P-27142 UTAH STATE BULLETIN, January 15, 2012, Vol. 2012, No. 2