Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 103 (2015GS)

Sponsor

Rep. Sagers, D.

Final action

Governor Signed 3/26/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires a county assessor to consider certain factors in determining the fair market value of property; and
• provides that provisions requiring a county assessor to consider certain factors in determining the fair market value of property apply to the privilege tax.

Every vote on this bill

Bill text

TAXATION OF PROPERTY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas V. Sagers
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions related to the taxation of property.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a county assessor to consider certain factors in determining the fair market
value of property; and
▸ provides that provisions requiring a county assessor to consider certain factors in
determining the fair market value of property apply to the privilege tax.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
59-4-101
, as last amended by Laws of Utah 2006, Chapter 36
ENACTS:
59-2-301.7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
59-2-301.7
 is enacted to read:
 59-2-301.7.
Definitions -- Assessment of property used for radioactive or
hazardous waste storage.
(1) As used in this section:
(a) "Hazardous waste" has the same meaning as that term is defined in Section
19-6-102
.
(b) (i) "Radioactive waste" means:
(A) low-level radioactive waste as defined in 42 U.S.C. Sec. 10101; or
(B) high-level radioactive waste as defined in 42 U.S.C. Sec. 10101.
(ii) "Radioactive waste" does not include naturally occurring radioactive materials.
(2) Subject to Subsection (3), in assessing the fair market value of property, a county
assessor shall consider, as part of the determination of fair market value, whether property that
is not currently used for the storage of hazardous waste or radioactive waste has been used in
the past for the storage of hazardous waste or radioactive waste in a manner that affects:
(a) the functionality of the property;
(b) the ability to use the property; or
(c) property rights.
(3) Subsection (2) applies to the extent a county assessor knows, or reasonably should
have known, that property has been used in the past for the storage of hazardous waste or
radioactive waste.
(4) This section does not prohibit a county assessor from including as part of a
determination of the fair market value of property any other factor affecting the fair market
value of the property.
Section 2. Section 
59-4-101
 is amended to read:
59-4-101.
Tax basis -- Exceptions -- Assessment and collection.
(1) (a) Except as provided in Subsections (1)(b) and (c), a tax is imposed on the
possession or other beneficial use enjoyed by any person of any real or personal property which
for any reason is exempt from taxation, if that property is used in connection with a business
conducted for profit.
(b) Any interest remaining in the state in state lands after subtracting amounts paid or
due in part payment of the purchase price as provided in Subsection 
59-2-1103
(2)(b)(i) under a
contract of sale is subject to taxation under this chapter regardless of whether the property is
used in connection with a business conducted for profit.
(c) The tax imposed under Subsection (1)(a) does not apply to property exempt from
taxation under Section 
59-2-1114
.
(2) The tax imposed under this chapter is the same amount that the ad valorem property
tax would be if the possessor or user were the owner of the property. The amount of any
payments which are made in lieu of taxes is credited against the tax imposed on the beneficial
use of property owned by the federal government.
(3) A tax is not imposed under this chapter on the following:
(a) the use of property which is a concession in, or relative to, the use of a public
airport, park, fairground, or similar property which is available as a matter of right to the use of
the general public;
(b) the use or possession of property by a religious, educational, or charitable
organization;
(c) the use or possession of property if the revenue generated by the possessor or user
of the property through its possession or use of the property inures only to the benefit of a
religious, educational, or charitable organization and not to the benefit of any other person;
(d) the possession or other beneficial use of public land occupied under the terms of an
agricultural lease or permit issued by the United States or this state;
(e) the use or possession of any lease, permit, or easement unless the lease, permit, or
easement entitles the lessee or permittee to exclusive possession of the premises to which the
lease, permit, or easement relates. Every lessee, permittee, or other holder of a right to remove
or extract the mineral covered by the holder's lease, right, permit, or easement except from
brines of the Great Salt Lake, is considered to be in possession of the premises,
notwithstanding the fact that other parties may have a similar right to remove or extract another
mineral from the same lands or estates;
(f) the use or possession of property by a public agency, as defined in Section
11-13-103
, to the extent that the ownership interest of the public agency in that property is
subject to a fee in lieu of ad valorem property tax under Section 
11-13-302
; or
(g) the possession or beneficial use of public property as a tollway by a private entity
through a tollway development agreement as defined in Section 
72-6-202
.
(4) A tax imposed under this chapter is assessed to the possessors or users of the
property on the same forms, and collected and distributed at the same time and in the same
manner, as taxes assessed owners, possessors, or other claimants of property which is subject to
ad valorem property taxation. The tax is not a lien against the property, and no tax-exempt
property may be attached, encumbered, sold, or otherwise affected for the collection of the tax.
(5) Sections 
59-2-301.1
 through 
59-2-301.7
 apply for purposes of assessing a tax under
this chapter.
Section 3. 
Effective date.
This bill takes effect on January 1, 2016.