Current through Bulletin 2024-18, September 15, 2024
(1)
Definitions.
(a) "Issued" means the date on
which the judgment is signed.
(b)
"2.5% of the total ad valorem property taxes collected by the taxing entity in
the previous fiscal year" includes any revenues collected by a judgment levy
imposed in the prior year.
(2) A taxing entity's share of a judgment or
order shall include the taxing entity's share of any interest that must be paid
with the judgment or order.
(3) The
judgment levy public hearing required by Section 59- 2-918.5 shall be held as
follows:
(a) For taxing entities operating
under a July 1 through June 30 fiscal year, the public hearing shall be held at
least 10 days after the Notice of Property Valuation and Tax Changes is
mailed.
(b) For taxing entities
operating under a January 1 through December 31 fiscal year:
(i) for judgments issued from the prior June
1 through December 15, the public hearing shall be held at the same time as the
hearing at which the annual budget is adopted;
(ii) for judgments issued from the prior
December 16 through May 31, the public hearing shall be held at least 10 days
after the Notice of Property Valuation and Tax Changes is mailed.
(c) If the taxing entity is
required to hold a hearing under Section
59-2-919,
the judgment levy hearing required by Subsections (3)(a) and (3)(b)(ii) shall
be held at the same time as the hearing required under Section
59-2-919.
(4) If the
Section
59-2-918.5
advertisement is combined with the Section
59-2-919
advertisement, the combined advertisement shall aggregate the general tax
increase and judgment levy information.
(5) In the case of taxing entities operating
under a January 1 through December 31 fiscal year, the advertisement for
judgments issued from the previous December 16 through May 31 shall include any
judgments issued from the previous June 1 through December 15 that the taxing
entity advertised and budgeted for at its December budget hearing.
(6) All taxing entities imposing a judgment
levy shall file with the commission a signed statement certifying that all
judgments for which the judgment levy is imposed have met the statutory
requirements for imposition of a judgment levy.
(a) The signed statement shall contain the
following information for each judgment included in the judgment levy:
(i) the name of the taxpayer awarded the
judgment;
(ii) the appeal number of
the judgment; and
(iii) the taxing
entity's pro rata share of the judgment.
(b) Along with the signed statement, the
taxing entity must provide the commission the following:
(i) a copy of all judgment levy newspaper
advertisements required;
(ii) the
dates all required judgment levy advertisements were published in the
newspaper;
(iii) a copy of the
final resolution imposing the judgment levy;
(iv) a copy of the Notice of Property
Valuation and Tax Changes, if required; and
(v) any other information required by the
commission.
(7) The provisions of House Bill 268, Truth
in Taxation - Judgment Levy (1999 General Session), do not apply to judgments
issued prior to January 1, 1999.
