2006 Utah Code - 59-2-918 (Superseded 01/01/07) — Advertisement of proposed tax increase -- Notice -- Contents.

     59-2-918 (Superseded 01/01/07).   Advertisement of proposed tax increase -- Notice -- Contents.
     (1) (a) Except as provided in Subsection (1)(b), a taxing entity may not budget an increased amount of ad valorem tax revenue exclusive of revenue from new growth as defined in Subsection 59-2-924(2) unless it advertises its intention to do so at the same time that it advertises its intention to fix its budget for the forthcoming fiscal year.
     (b) Notwithstanding Subsection (1)(a), a taxing entity is not required to meet the advertisement or hearing requirements of this section if:
     (i) the taxing entity:
     (A) collected less than $15,000 in ad valorem tax revenues for the previous fiscal year; or
     (B) is expressly exempted by law from complying with the requirements of this section; or
     (ii) the increased amount of ad valorem tax revenue results from a tax rate increase that is exempted under Subsection 59-2-919(1)(a)(ii)(B) from the advertisement and hearing requirements of Section 59-2-919.
     (2) (a) For taxing entities operating under a July 1 through June 30 fiscal year, the advertisement required by this section may be combined with the advertisement required by Section 59-2-919.
     (b) For taxing entities operating under a January 1 through December 31 fiscal year, the advertisement required by this section shall meet the size, type, placement, and frequency requirements established under Section 59-2-919.
     (3) The form of the advertisement required by this section shall meet the size, type, placement, and frequency requirements established under Section 59-2-919 and shall be substantially as follows:
"NOTICE OF PROPOSED TAX INCREASE
     The (name of the taxing entity) is proposing to increase its property tax revenue. As a result of the proposed increase, the tax on a (insert the average value of a residence in the taxing entity rounded to the nearest thousand dollars) residence will be $__________, and the tax on a business having the same value as the average value of a residence in the taxing entity will be__________. Without the proposed increase, the tax on a (insert the average value of a residence in the taxing entity rounded to the nearest thousand dollars) residence would be $__________, and the tax on a business having the same value as the average value of a residence in the taxing entity would be_________.
     This would be an increase of ______%, which is $______ per year ($______ per month) on a (insert the average value of a residence in the taxing entity rounded to the nearest thousand dollars) residence or $______ per year on a business having the same value as the average value of a residence in the taxing entity. With new growth, this property tax increase, and other factors, (name of taxing entity) will increase its property tax revenue from $_____ collected last year to $_____ collected this year which is a revenue increase of _____%.
     All concerned citizens are invited to a public hearing on the tax increase to be held on (date and time) at (meeting place)."
     (4) If a final decision regarding the budgeting of an increased amount of ad valorem tax revenue is not made at the public hearing described in Subsection (3), the taxing entity shall announce at the public hearing the scheduled time and place for consideration and adoption of the proposed budget increase.

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     (5) (a) Each taxing entity operating under the January 1 through December 31 fiscal year shall by March 1 notify the county of the date, time, and place of the public hearing at which the budget for the following fiscal year will be considered.
     (b) The county shall include the information described in Subsection (5)(a) with the tax notice.
     (6) A taxing entity shall hold a public hearing under this section beginning at or after 6 p.m.

Amended by Chapter 11, 2005 Special Session 1