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S.B. 144
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TAX INCREMENT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: L. Alma Mansell
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AN ACT RELATING TO SPECIAL DISTRICTS; MODIFYING THE DATE GOVERNING THE
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AVAILABILITY OF CERTAIN TAX INCREMENT FUNDS h
; AND EXPANDING THE
6a
PERMISSIBLE USES OF CERTAIN TAX INCREMENT FUNDS
h .
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This act affects sections of Utah Code Annotated 1953 as follows:
8
AMENDS:
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17A-2-1247, as last amended by Chapters 21 and 194, Laws of Utah 1999
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17A-2-1247.5, as last amended by Chapters 21 and 194, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
17A-2-1247
is amended to read:
13
17A-2-1247. Tax increment financing authorized -- Division of tax revenues --
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Greater allocation allowed if authorized by taxing agency.
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(1) This section applies to projects for which a preliminary plan has been prepared prior
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to April 1, 1993, and for which all of the following have occurred prior to July 1, 1993: the agency
17
blight study has been completed, and a hearing under Section
17A-2-1221
has in good faith been
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commenced by the agency.
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(2) Any redevelopment plan may contain a provision that taxes, if any, levied upon taxable
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property in a redevelopment project each year by or for the benefit of the state, any city, county,
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city and county, district, or other public corporation (hereinafter sometimes called "taxing
22
agencies") after the effective date of the ordinance approving the redevelopment plan, shall be
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divided as follows:
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(a) That portion of the taxes which would be produced by the rate upon which the tax is
25
levied each year by or for each of the taxing agencies upon the total sum of the taxable value of
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the taxable property in the redevelopment project as shown upon the assessment roll used in
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connection with the taxation of the property by the taxing agency, last equalized prior to the
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effective date of the ordinance, shall be allocated to and when collected shall be paid into the funds
29
of the respective taxing agencies as taxes by or for the taxing agencies on all other property are
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paid (for the purpose of allocating taxes levied by or for any taxing agency or agencies which did
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not include the territory in a redevelopment project on the effective date of the ordinance but to
32
which the territory has been annexed or otherwise included after the effective date, the assessment
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roll of the county last equalized on the effective date of the ordinance shall be used in determining
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the taxable value of the taxable property in the project on the effective date).
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(b) In a redevelopment project with a redevelopment plan adopted before April 1, 1983,
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that portion of the levied taxes each year in excess of the amount allocated to and when collected
37
paid into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to
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and when collected shall be paid into a special fund of the redevelopment agency to pay the
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principal of and interest on loans, moneys advanced to, or indebtedness (whether funded, refunded,
40
assumed, or otherwise) incurred by the redevelopment agency before April 1, 1983, to finance or
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refinance, in whole or in part, the redevelopment project. Payment of tax revenues to the
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redevelopment agency shall be subject to and shall except uncollected or delinquent taxes in the
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same manner as payments of taxes to other taxing agencies are subject to collection. Unless and
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until the total taxable value of the taxable property in a redevelopment project exceeds the total
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taxable value of the taxable property in the project as shown by the last equalized assessment roll
46
referred to in Subsection (2)(a), all of the taxes levied and collected upon the taxable property in
47
the redevelopment project shall be paid into the funds of the respective taxing agencies. When
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the loans, advances, and indebtedness, if any, and any interest have been paid, all moneys received
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from taxes upon the taxable property in the redevelopment project shall be paid into the funds of
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the respective taxing agencies as taxes on all other property are paid.
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(c) Notwithstanding the provisions of Subsections (2)(a) and (e), Subsection
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17A-2-1210
(5), or any other provision of this part, any loans, moneys advanced to, or indebtedness
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(whether funded, refunded, assumed, or otherwise) issued prior to April 1, 1983, may be
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refinanced and repaid from 100% of that portion of the levied taxes paid into the special fund of
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the redevelopment agency each year in excess of the amount allocated to and when collected paid
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into the funds of the respective taxing agencies under Subsection (2)(a) if the principal amount of
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loans, moneys advanced to, or indebtedness is not increased in the refinancing.
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(d) In a redevelopment project with a redevelopment plan adopted before April 1, 1983,
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that portion of the levied taxes each year in excess of the amount allocated to and when collected
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paid into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to
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and when collected shall be paid into a special fund of the redevelopment agency according to the
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limits established in Subsection (2)(f) to pay the principal of and interest on loans, moneys
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advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the
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redevelopment agency after April 1, 1983, to finance or refinance, in whole or in part, the
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redevelopment project. Payment of tax revenues to the redevelopment agency shall be subject to
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and shall except uncollected or delinquent taxes in the same manner as payments of taxes to other
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taxing agencies are subject to collection. Unless and until the total taxable value of the taxable
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property in a redevelopment project exceeds the total taxable value of the taxable property in the
69
project as shown by the last equalized assessment roll referred to in Subsection (2)(a), all of the
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taxes levied and collected upon the taxable property in the redevelopment project shall be paid into
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the funds of the respective taxing agencies. When the loans, advances, and indebtedness, if any,
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and any interest have been paid, all moneys received from taxes upon the taxable property in the
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redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all
74
other property are paid.
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(e) In a redevelopment project with a redevelopment plan adopted after April 1, 1983, that
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portion of the levied taxes each year in excess of the amount allocated to and when collected paid
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into the funds of the respective taxing agencies under Subsection (2)(a) shall be allocated to and
78
when collected shall be paid into a special fund of the redevelopment agency according to the
79
limits established in Subsection (2)(f) to pay the principal of and interest on loans, moneys
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advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the
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redevelopment agency after April 1, 1983, to finance or refinance, in whole or in part, the
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redevelopment project. Payment of tax revenues to the redevelopment agency shall be subject to
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and shall except uncollected or delinquent taxes in the same manner as payments of taxes to other
84
taxing agencies are subject to collection. Unless and until the total taxable value of the taxable
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property in a redevelopment project exceeds the total taxable value of the taxable property in the
86
project as shown by the last equalized assessment roll referred to in Subsection (2)(a), all of the
87
taxes levied and collected upon the taxable property in the redevelopment project shall be paid into
88
the funds of the respective taxing agencies. When the loans, advances, and indebtedness, if any,
89
and any interest have been paid, all moneys received from taxes upon the taxable property in the
90
redevelopment project shall be paid into the funds of the respective taxing agencies as taxes on all
91
other property are paid.
92
(f) For purposes of Subsections (2)(d) and (e), the maximum amounts which shall be
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allocated to and when collected shall be paid into the special fund of a redevelopment agency may
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not exceed the following percentages:
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(i) for a period of the first five tax years commencing from the first tax year a
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redevelopment agency accepts an amount allocated to and when collected paid into a special fund
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of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or
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indebtedness (whether funded, refunded, assumed, or otherwise) which loans, advances, or
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indebtedness are incurred by the redevelopment agency after April 1, 1983, 100% of that portion
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of the levied taxes each year in excess of the amount allocated to and when collected paid into the
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funds of the respective taxing agencies under Subsection (2)(a);
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(ii) for a period of the next five tax years 80% of that portion of the levied taxes each year
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in excess of the amount allocated to and when collected paid into the funds of the respective taxing
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agencies under Subsection (2)(a);
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(iii) for a period of the next five tax years 75% of that portion of the levied taxes each year
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in excess of the amount allocated to and when collected paid into the funds of the respective taxing
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agencies under Subsection (2)(a);
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(iv) for a period of the next five tax years 70% of that portion of the levied taxes each year
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in excess of the amount allocated to and when collected paid into the funds of the respective taxing
110
agencies under Subsection (2)(a); and
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(v) for a period of the next five tax years 60% of that portion of the levied taxes each year
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in excess of the amount allocated to and when collected paid into the funds of the respective taxing
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agencies under Subsection (2)(a).
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(g) (i) In addition to the maximum amounts allocated to and when collected paid into the
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special fund of a redevelopment agency under Subsection (2)(f), a redevelopment agency may
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receive an additional percentage greater than those described in Subsection (2)(f) if the amount of
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the tax increment funding received from the greater percentage is used:
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(A) for an agency established by the governing body of a first class city:
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(I) solely to pay all or part of the value of the land for and the cost of the installation and
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construction of any building, facility, structure, or other improvement of a publicly or privately
121
owned convention center or sports complex, including parking and infrastructure improvements
122
related to such convention center or sports complex;
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(II) solely to pay all or part of the cost of the installation and construction of an underpass
124
that has not received funding from the Centennial Highway Fund under Section
72-2-118
as part
125
of the construction of Interstate 15; h [
or
] h
126
(III) solely to pay all or part of the cost of the land for and the installation and construction
127
of a recreational facility, as defined in Section
59-12-702
, or a cultural facility, including parking
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and infrastructure improvements related to the recreational or cultural facility; or
128a
h
(IV) SOLELY TO PAY PART OF THE COST OF THE RELOCATION OF AN AGRICULTURE
128b
RELATED BUSINESS
h
, EXCEPT A RELOCATION RESULTING FROM THE AGENCY'S EXERCISE OF
128b1
EMINENT DOMAIN,
h
FROM A CITY OF THE FIRST CLASS TO ANOTHER LOCATION WITHIN A
128c
COUNTY OF THE THIRD, FOURTH, FIFTH, OR SIXTH CLASS; OR
h
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(B) for any agency, to pay all or part of the cost of the installation, construction, or
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reconstruction of the 10000 South underpass or the 11400 South or 12300 South interchange on
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I-15 in Salt Lake County.
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(ii) The additional percentage a redevelopment agency may receive under Subsection
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(2)(g)(i) shall be:
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(A) 100% of that portion of the levied taxes each year in excess of the amount allocated
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to and when collected paid into the funds of the respective taxing agencies under Subsection (2)(a);
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and
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(B) paid for a period of the first 32 years commencing from the first tax year a
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redevelopment agency accepts an amount allocated to and when collected paid into a special fund
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of the redevelopment agency to pay the principal of and interest on loans, moneys advanced to, or
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indebtedness, whether funded, refunded, assumed, or otherwise, that are incurred by the
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redevelopment agency after April 1, 1983.
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(iii) This Subsection (2)(g) applies only to a redevelopment agency created by a city h
OF
142a
THE FIRST CLASS OR A CITY
h that
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is located in a county of the first class and in which:
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(A) construction has begun on a building, facility, structure, or other improvement of a
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publicly or privately owned convention center or sports complex, including parking and
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infrastructure improvements related to such convention center or sports complex, on or before June
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30, h [
1997
]
2002
h ;
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(B) construction has begun on or before June 30, [2000] 2002, on an underpass that has
149
not received funding from the Centennial Highway Fund under Section
72-2-118
as part of the
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construction of Interstate 15;
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(C) the installation, construction, or reconstruction of the 10000 South underpass or the
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11400 South or 12300 South interchange on I-15 in Salt Lake County has begun on or before June
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30, [2000] 2002; h [
or
] h
154
(D) construction has begun on a recreational facility, as defined in Section
59-12-702
, or
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a cultural facility on or before June 30, [2000] 2002 h
; OR
155a
(E) THE PROCESS OF RELOCATING AN AGRICULTURE RELATED BUSINESS FROM A CITY
155b
OF THE FIRST CLASS TO ANOTHER LOCATION WITHIN A COUNTY OF THE THIRD, FOURTH, FIFTH,
155c
OR SIXTH CLASS HAS BEGUN ON OR BEFORE DECEMBER 31, 2002
h .
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(iv) An additional amount described in Subsection (2)(g)(i) may no longer be allocated to
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or used by the redevelopment agency, notwithstanding any other law to the contrary, if the
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additional amount is not pledged:
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(A) to pay all or part of the value of the land for and the cost of the installation and
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construction of any building, facility, structure, or other improvement described in Subsection
161
(2)(g)(i)(A)(I) on or before June 30, 1997;
162
(B) on or before June 30, [2000] 2002, to pay all or part of the cost of the installation and
163
construction of an underpass that has not received funding from the Centennial Highway Fund
164
under Section
72-2-118
as part of the construction of Interstate 15;
165
(C) on or before June 30, [2000] 2002, to pay all or part of the cost of the installation,
166
construction, or reconstruction of the 10000 South underpass or the 11400 South or 12300 South
167
interchange on I-15 in Salt Lake County; h [
or
] h
168
(D) on or before June 30, [2000] 2002, to pay all or part of the cost of the land for and the
169
installation and construction of a recreational facility, as defined in Section
59-12-702
, or a cultural
170
facility, including parking and infrastructure improvements related to the recreational or cultural
171
facility h
; OR
171a
(E) ON OR BEFORE DECEMBER 31, 2002 TO PAY PART OF THE COST OF THE RELOCATION
171b
OF AN AGRICULTURE RELATED BUSINESS
h
, EXCEPT A RELOCATION RESULTING FROM THE
171b1
AGENCY'S EXERCISE OF EMINENT DOMAIN
,
h
FROM A CITY OF THE FIRST CLASS TO ANOTHER
171c
LOCATION WITHIN A COUNTY OF THE THIRD, FOURTH, FIFTH, OR SIXTH CLASS
h .
172
(v) Notwithstanding any other provision of this Subsection (2)(g), a school district may
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not receive less tax increment because of application of the other provisions of this Subsection
174
(2)(g) than it would have received without those provisions.
175
(3) Nothing contained in Subsections (2)(d), (e), (f), and (g) prevents an agency from
176
receiving a greater percentage than those established in Subsections (2)(f) and (g) of the levied
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taxes of any local taxing agency each year in excess of the amount allocated to and when collected
178
paid into the funds of the respective local taxing agency if the governing body of the local taxing
179
agency consents in writing.
180
(4) Nothing in this section may be construed to prevent an agency from using funds
181
allocated under Subsection (2)(f) for a project allowed under Subsection (2)(g)(i).
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Section 2.
Section
17A-2-1247.5
is amended to read:
183
17A-2-1247.5. Tax increment financing -- Project area budget approval -- Payment
184
of additional tax increment.
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(1) This section applies to projects for which a preliminary plan has been adopted on or
186
after July 1, 1993.
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(2) (a) A taxing agency committee shall be created for each redevelopment or economic
188
development project. The committee membership shall be selected as follows:
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(i) two representatives appointed by the school district in the project area;
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(ii) two representatives appointed by resolution of the county commission or county
191
council for the county in which the project area is located;
192
(iii) two representatives appointed by resolution of the city or town's legislative body in
193
which the project area is located if the project is located within a city or town;
194
(iv) a representative approved by the State School Board; and
195
(v) one representative who shall represent all of the remaining governing bodies of the
196
other local taxing agencies that levy taxes upon the property within the proposed project area. The
197
representative shall be selected by resolution of each of the governing bodies of those taxing
198
agencies within 30 days after the notice provided in Subsection
17A-2-1256
(3).
199
(b) If the project is located within a city or town, a quorum of a taxing agency committee
200
consists of five members. If the project is not located within a city or town, a quorum consists of
201
four members.
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(c) A taxing agency committee formed in accordance with this section has the authority
203
to:
204
(i) represent all taxing entities in a project area and cast votes that will be binding on the
205
governing boards of all taxing entities in a project area;
206
(ii) negotiate with the agency concerning the redevelopment plan;
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(iii) approve or disapprove project area budgets under Subsection (3); and
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(iv) approve an exception to the limits on the value and size of project areas imposed by
209
Section
17A-2-1210
, or the time and amount of tax increment financing under this section.
210
(3) (a)(i) If the project area budget does not allocate 20% of the tax increment for housing
211
as provided in Subsection
17A-2-1264
(2)(a):
212
(A) an agency may not collect any tax increment for a project area until after the agency
213
obtains the majority consent of a quorum of the taxing agency committee for the project area
214
budget; and
215
(B) a project area budget adopted under Subsection (3)(a)(i)(A) may be amended if the
216
agency obtains the majority consent of a quorum of the taxing agency committee.
217
(ii) If the project area budget allocates 20% of the tax increment for housing as provided
218
in Subsection
17A-2-1264
(2)(a):
219
(A) an agency may not collect tax increment from all or part of a project area until after:
220
(I) the Olene Walker Housing Trust Fund Board, established under Title 9, Chapter 4, Part
221
7, Olene Walker Housing Trust Fund, has certified the project area budget as complying with the
222
requirements of Section
17A-2-1264
; and
223
(II) the agency's governing body has approved and adopted the project area budget by a
224
two-thirds vote; and
225
(B) a project area budget adopted under Subsection (3)(a)(ii)(A) may be amended if:
226
(I) the Olene Walker Housing Trust Fund Board, established under Title 9, Chapter 4, Part
227
7, Olene Walker Housing Trust Fund, certifies the amendment as complying with the requirements
228
of Section
17A-2-1264
; and
229
(II) the agency's governing body approves and adopts the amendment by a two-thirds vote.
230
(b)Within 30 days after the approval and adoption of a project area budget, each agency
231
shall file a copy of the budget with the county auditor, the State Tax Commission, the state auditor,
232
and each property taxing entity affected by the agency's collection of tax increment under the
233
project area budget.
234
(c) (i) Beginning on January 1, 1997, before an amendment to a project area budget is
235
approved, the agency shall advertise and hold one public hearing on the proposed change in the
236
project area budget.
237
(ii) The public hearing under Subsection (3)(c)(i) shall be conducted according to the
238
procedures and requirements of Subsection
17A-2-1222
(2), except that if the amended budget
239
allocates a greater proportion of tax increment to a project area than was allocated to the project
240
area under the previous budget, the advertisement shall state the percentage allocated under the
241
previous budget and the percentage allocated under the amended budget.
242
(d) If an amendment is not approved, the agency shall continue to operate under the
243
previously approved, unamended project area budget.
244
(4) (a) An agency may collect tax increment from all or a part of a project area. The tax
245
increment shall be paid to the agency in the same manner and at the same time as payments of
246
taxes to other taxing agencies to pay the principal of and interest on loans, moneys advanced to,
247
or indebtedness, whether funded, refunded, assumed, or otherwise, to finance or refinance, in
248
whole or in part, the redevelopment or economic development project and the housing projects and
249
programs under Sections
17A-2-1263
and
17A-2-1264
.
250
(b) (i) An agency may elect to be paid:
251
(A) if 20% of the project area budget is not allocated for housing as provided in Subsection
252
17A-2-1264
(2)(a):
253
(I) 100% of annual tax increment for 12 years; or
254
(II) 75% of annual tax increment for 20 years; or
255
(B) if 20% of the project area budget is allocated for housing as provided in Subsection
256
17A-2-1264
(2)(a):
257
(I) 100% of annual tax increment for 15 years; or
258
(II) 75% of annual tax increment for 24 years.
259
(ii) Tax increment paid to an agency under this Subsection (4)(b) shall be paid for the
260
applicable length of time beginning the first tax year the agency accepts tax increment from a
261
project area.
262
(c) An agency may receive a greater percentage of tax increment or receive tax increment
263
for a longer period of time than that specified in Subsection (4)(b) if the agency obtains the
264
majority consent of the taxing agency committee.
265
(5) (a) The redevelopment plan shall provide that the portion of the taxes, if any, due to
266
an increase in the tax rate by a taxing agency after the date the project area budget is approved by
267
the taxing agency committee may not be allocated to and when collected paid into a special fund
268
of the redevelopment agency according to the provisions of Subsection (4) unless the taxing
269
agency committee approves the inclusion of the increase in the tax rate at the time the project area
270
budget is approved. If approval of the inclusion of the increase in the tax rate is not obtained, the
271
portion of the taxes attributable to the increase in the rate shall be distributed by the county to the
272
taxing agency imposing the tax rate increase in the same manner as other property taxes.
273
(b) The amount of the tax rate to be used in determining tax increment shall be increased
274
or decreased by the amount of an increase or decrease as a result of:
275
(i) a statute enacted by the Legislature, a judicial decision, or an order from the State Tax
276
Commission to a county to adjust or factor its assessment rate under Subsection
59-2-704
(2);
277
(ii) a change in exemption provided in Utah Constitution Article XIII, Section 2, or Section
278
59-2-103
;
279
(iii) an increase or decrease in the percentage of fair market value, as defined under
280
Section
59-2-102
; or
281
(iv) a decrease in the certified tax rate under Subsection
59-2-924
(2)(c) or (2)(d)(i).
282
(c) (i) Notwithstanding the increase or decrease resulting from Subsection (5)(b), the
283
amount of money allocated to, and when collected paid to the agency each year for payment of
284
bonds or other indebtedness may not be less than would have been allocated to and when collected
285
paid to the agency each year if there had been no increase or decrease under Subsection (5)(b).
286
(ii) For a decrease resulting from Subsection (5)(b)(iv), the taxable value for the base year
287
under Subsection
17A-2-1202
(2) or
17A-2-1247
(2)(a), as the case may be, shall be reduced for any
288
year to the extent necessary, including below zero, to provide an agency with approximately the
289
same amount of money the agency would have received without a reduction in the county's
290
certified tax rate if:
291
(A) in that year there is a decrease in the certified tax rate under Subsection
59-2-924
(2)(c)
292
or (2)(d)(i);
293
(B) the amount of the decrease is more than 20% of the county's certified tax rate of the
294
previous year; and
295
(C) the decrease results in a reduction of the amount to be paid to the agency under Section
296
17A-2-1247
or
17A-2-1247.5
.
297
(6) (a) For redevelopment plans first adopted before May 4, 1993, beginning January 1,
298
1994, all of the taxes levied and collected upon the taxable property in the redevelopment project
299
under Section
59-2-906.1
which are not pledged to support bond indebtedness and other
300
contractual obligations are exempt from the provisions of Subsection (4).
301
(b) For redevelopment plans first adopted after May 3, 1993, beginning January 1, 1994,
302
all of the taxes levied and collected upon the taxable property in the redevelopment project under
303
Section
59-2-906.1
are exempt from the provisions of Subsection (4).
304
(7) (a) In addition to the amounts and periods that an agency may elect to be paid tax
305
increment under Subsection (4)(b), an agency may elect to be paid 100% of annual tax increment
306
for an additional period, as provided in Subsection (7)(b), beyond those periods provided under
307
Subsection (4)(b), without the approval of the taxing agency committee, if the tax increment
308
funding for the additional period is used:
309
(i) for an agency in a city in which is located all or a portion of an interchange on I-15 or
310
that would directly benefit from an interchange on I-15, to pay some or all of the cost of the
311
installation, construction, or reconstruction of:
312
(A) an interchange on I-15; or
313
(B) frontage and other roads connecting to the interchange, as determined by the
314
Department of Transportation created under Section
72-1-201
and the Transportation Commission
315
created under Section
72-1-301
; or
316
(ii) for an agency in a city of the first class, to pay some or all of the cost of the land for
317
and installation and construction of a recreational facility, as defined in Subsection
59-12-702
(3),
318
or a cultural facility, including parking and infrastructure improvements related to the recreational
319
or cultural facility.
320
(b) The additional period for which an agency may be paid 100% of annual tax increment
321
under Subsection (7)(a) is an additional:
322
(i) 13 years, for an agency that initially elected to be paid under Subsection (4)(b)(i)(A)(I);
323
(ii) five years, for an agency that initially elected to be paid under Subsection
324
(4)(b)(i)(A)(II);
325
(iii) ten years, for an agency that initially elected to be paid under Subsection
326
(4)(b)(i)(B)(I); and
327
(iv) one year, for an agency that initially elected to be paid under Subsection
328
(4)(b)(i)(B)(II).
329
(c) This Subsection (7) applies only to an agency established by a city in which:
330
(i) for an agency in a city in which is located all or a portion of an interchange on I-15 or
331
that would directly benefit from an interchange on I-15, the installation, construction, or
332
reconstruction of an interchange on I-15 or frontage or other roads connecting to the interchange
333
has begun on or before June 30, [2000] 2002; and
334
(ii) for an agency in a city of the first class, the installation or construction of a recreational
335
facility, as defined in Subsection
59-12-702
(3), or a cultural facility has begun on or before June
336
30, [2000] 2002.
337
(d) Notwithstanding any other provision of this Subsection (7), a school district may not
338
receive less tax increment because of application of the other provisions of this Subsection (7) than
339
it would have received without those provisions.
Legislative Review Note
as of 1-24-00 7:17 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.