(1)  A county may account separately for the revenues derived from a property tax, that is lawfully levied for a specific purpose, in accordance with this section.

Terms Used In Utah Code 17-36-31.5

  • Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
  • Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
    • (2)  To levy a property tax under this section, the legislative body of the county that levies the property tax shall indicate through ordinance:

    (a)  that the county levies the tax under this section; and

    (b)  the specific service for which the county levies the tax.

    (3)  A property tax levied under this section is subject to the maximum rate a county may levy for property taxes under Section 59-2-908.

    (4) 

    (a)  A county that collects a property tax under this section shall:

    (i)  create a special revenue fund to hold the revenues collected under this section; and

    (ii)  deposit revenues collected from that tax into the special revenue fund described in Subsection (4)(a)(i).

    (b)  A county may only expend revenues from a special revenue fund described in Subsection (4)(a) for a purpose that is solely related to the provision of the service described in Subsection (2)(b) for which the county created the special revenue fund.

    (5)  Except as provided in Subsections (2) and (4), a county that levies a property tax under this section shall:

    (a)  levy and collect the tax in accordance with Title 59, Chapter 2, Property Tax Act;

    (b)  account for revenues derived from the tax in accordance with this chapter; and

    (c)  levy and collect and account for revenues derived from the tax in the same general manner as for the county’s other property taxes.

    Enacted by Chapter 301, 2019 General Session

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