Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 35
                            CIRCUIT BREAKER AMENDMENTS
                                      2020 GENERAL SESSION
                                           STATE OF UTAH
                                   Chief Sponsor: Gene Davis
                             House Sponsor: Robert M. Spendlove
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 LONG TITLE
 General Description:
        This bill modifies provisions relating to the tax relief commonly known as "circuit
 breaker."
 Highlighted Provisions:
        This bill:
        < modifies the qualifications for circuit breaker tax relief; and
        < makes technical changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides retrospective operation.
 Utah Code Sections Affected:
 AMENDS:
        59-2-1202, as last amended by Laws of Utah 2019, Chapter 453
        59-2-1203, as last amended by Laws of Utah 2001, Chapters 221 and 310
        59-2-1206, as last amended by Laws of Utah 2001, Chapters 221 and 310
        59-2-1220, as last amended by Laws of Utah 2001, Chapters 221 and 310
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 59-2-1202 is amended to read:
        59-2-1202. Definitions.
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          As used in this part:
          (1) (a) "Claimant" means a homeowner or renter who:
          (i) files a claim under this part for a residence;
          (ii) is domiciled in this state for the entire calendar year for which a claim for relief is
 filed under this part; and
          (iii) on or before the December 31 of the year for which a claim for relief is filed under
 this part, is:
          [(A) 65 years of age or older if the person was born on or before December 31, 1942;]
          [(B)] (A) 66 years of age or older if the [person was born on or after January 1, 1943,
 but] individual was born on or before December 31, 1959; or
          [(C)] (B) 67 years of age or older if the [person] individual was born on or after
 January 1, 1960.
          (b) Notwithstanding Subsection (1)(a), "claimant" includes a surviving spouse:
          (i) regardless of:
          (A) the age of the surviving spouse; or
          (B) the age of the deceased spouse at the time of death;
          (ii) if the surviving spouse meets the requirements of this part except for the age
 requirement;
          (iii) if the surviving spouse is part of the same household of the deceased spouse at the
 time of death of the deceased spouse; and
          (iv) if the surviving spouse is unmarried at the time the surviving spouse files the
 claim.
          (c) If two or more individuals of a household are able to meet the qualifications for a
 claimant, they may determine among them as to who the claimant shall be, but if they are
 unable to agree, the matter shall be referred to the county legislative body for a determination
 of the claimant of an owned residence and to the commission for a determination of the
 claimant of a rented residence.
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         (2) (a) "Gross rent" means [rental] rent actually paid in cash or its equivalent solely for
 the right of occupancy, at arm's-length, of a residence, exclusive of charges for any utilities,
 services, furniture, furnishings, or personal appliances furnished by the landlord as a part of the
 rental agreement.
         (b) If a claimant occupies two or more residences in the year and does not own the
 residence as of the lien date, "gross rent" means the total rent paid for the residences during the
 one-year period for which the renter files a claim under this part.
         (3) (a) "Homeowner" means:
         (i) an individual whose name is listed on the deed of a residence; or
         (ii) if a residence is owned in a qualifying trust, an individual who is a grantor, trustor,
 or settlor or holds another similar role in the trust.
         (b) "Homeowner" does not include:
         (i) if a residence is owned by any type of entity other than a qualifying trust, an
 individual who holds an ownership interest in that entity; or
         (ii) an individual who is listed on a deed of a residence along with an entity other than
 a qualifying trust.
         [(3)] (4) "Homeowner's credit" means a credit against a claimant's property tax
 liability.
         [(4)] (5) "Household" means the association of [persons] individuals who live in the
 same dwelling, sharing [its] the dwelling's furnishings, facilities, accommodations, and
 expenses.
         [(5)] (6) "Household income" means all income received by all [persons of a] members
 of a claimant's household in:
         (a) for a claimant who owns a residence, the calendar year preceding the calendar year
 in which property taxes are due; or
         (b) for [purposes of the renter's credit authorized by this part] a claimant who rents a
 residence, the year for which a claim is filed.
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        [(6)] (7) (a) (i) "Income" means the sum of:
        (A) federal adjusted gross income as defined in Section 62, Internal Revenue Code;
 and
        (B) all nontaxable income as defined in Subsection [(6)] (7)(b).
        (ii) "Income" does not include:
        (A) aid, assistance, or contributions from a tax-exempt nongovernmental source;
        (B) surplus foods;
        (C) relief in kind supplied by a public or private agency; or
        (D) relief provided under this part or Part 18, Tax Deferral and Tax Abatement.
        (b) For purposes of Subsection [(6)] (7)(a)(i), "nontaxable income" means amounts
 excluded from adjusted gross income under the Internal Revenue Code, including:
        (i) capital gains;
        (ii) loss carry forwards claimed during the taxable year in which a claimant files for
 relief under this part or Part 18, Tax Deferral and Tax Abatement;
        (iii) depreciation claimed pursuant to the Internal Revenue Code by a claimant on the
 residence for which the claimant files for relief under this part or Part 18, Tax Deferral and Tax
 Abatement;
        (iv) support money received;
        (v) nontaxable strike benefits;
        (vi) cash public assistance or relief;
        (vii) the gross amount of a pension or annuity, including benefits under the Railroad
 Retirement Act of 1974, 45 U.S.C. Sec. 231 et seq., and veterans disability pensions;
        (viii) payments received under the Social Security Act;
        (ix) state unemployment insurance amounts;
        (x) nontaxable interest received from any source;
        (xi) workers' compensation;
        (xii) the gross amount of "loss of time" insurance; and
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        Enrolled Copy                                                                                S.B. 35
         (xiii) voluntary contributions to a tax-deferred retirement plan.
         [(7)] (8) (a) "Property taxes accrued" means property taxes, exclusive of special
 assessments, delinquent interest, and charges for service, levied on 35% of the fair market
 value, as reflected on the assessment roll, of a claimant's residence in this state.
         (b) For a mobile home, "property taxes accrued" includes taxes imposed on both the
 land upon which the home is situated and on the structure of the home itself, whether classified
 as real property or personal property taxes.
         [(c) (i) Beginning on January 1, 1999, for a claimant who owns a residence, "property
 taxes accrued" are the property taxes described in Subsection (7)(a) levied for the calendar year
 on 35% of the fair market value of the residence as reflected on the assessment roll.]
         [(ii)] (c) The [amount] relief described in Subsection [(7)(c)(i)] (8)(a) constitutes:
         [(A)] (i) a tax abatement for the poor in accordance with Utah Constitution, Article
 XIII, Section 3; and
         [(B)] (ii) the residential exemption provided for in Section 59-2-103.
         (d) (i) For purposes of this Subsection [(7)] (8), property taxes accrued are levied on
 the lien date.
         (ii) If a claimant owns a residence on the lien date, property taxes accrued mean taxes
 levied on the lien date, even if that claimant does not own a residence for the entire year.
         (e) When a household owns and occupies two or more different residences in this state
 in the same calendar year, property taxes accrued shall relate only to the residence occupied on
 the lien date by the household as [its] the household's principal place of residence.
         (f) (i) If a residence is an integral part of a large unit such as a farm or a multipurpose
 or multidwelling building, property taxes accrued shall be [the same percentage of the total
 property taxes accrued as] calculated on the percentage that the value of the residence is of the
 total value of the unit.
         (ii) For purposes of this Subsection [(7)] (8)(f), "unit" refers to the parcel of property
 covered by a single tax statement of which the residence is a part.
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         (9) "Qualifying trust" means a trust holding title to real or tangible personal property
 for which an individual:
         (a) makes a claim under this part;
         (b) proves to the satisfaction of the county that title to the portion of the trust will
 revest in the individual upon the exercise of a power:
         (i) by:
         (A) the individual as grantor, trustor, settlor, or in another similar role of the trust;
         (B) a nonadverse party; or
         (C) both the individual and a nonadverse party; and
         (ii) regardless of whether the power is a power:
         (A) to revoke;
         (B) to terminate;
         (C) to alter;
         (D) to amend; or
         (E) to appoint; and
         (c) is obligated to pay the taxes on that portion of the trust property beginning January
 1 of the year the individual makes the claim.
         [(8)] (10) (a) As used in this section, "rental assistance payment" means any payment
 that:
         (i) is made by a:
         (A) governmental entity; [or]
         (B) [(I)] charitable organization; or
         [(II)] (C) religious organization; and
         (ii) is specifically designated for the payment of rent of a claimant:
         (A) for the calendar year for which the claimant seeks a renter's credit under this part;
 and
         (B) regardless of whether the payment is made to the:
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       Enrolled Copy                                                                             S.B. 35
        (I) claimant; or
        (II) landlord[; and].
        (b) [in] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 the commission may make rules defining the terms:
        (i) "governmental entity";
        (ii) "charitable organization"; or
        (iii) "religious organization."
        [(9)] (11) (a) (i) "Residence" means the dwelling, whether owned or rented, and so
 much of the land surrounding [it] the dwelling, not exceeding one acre, as is reasonably
 necessary for use of the dwelling as a home[, and may consist of].
        (ii) "Residence" includes a dwelling that is:
        (A) a part of a multidwelling or multipurpose building and a part of the land upon
 which [it] the multidwelling or multipurpose building is built; and [includes]
        (B) a mobile home or houseboat.
        (b) "Residence" does not include personal property such as furniture, furnishings, or
 appliances.
        (c) For purposes of this Subsection [(9)] (11), "owned" includes a vendee in possession
 under a land contract or one or more joint tenants or tenants in common.
        Section 2. Section 59-2-1203 is amended to read:
        59-2-1203. Right to file claim -- Death of claimant.
        (1) (a) The right to file a claim under this part is personal to the claimant.
        (b) The right to file a claim does not survive the claimant's death.
        (c) The right to file a claim may be exercised on behalf of a claimant by:
        (i) a legal guardian of the claimant; or
        (ii) an attorney-in-fact of the claimant.
        (2) (a) If a claimant dies after having filed a timely claim, the amount of the claim shall
 be disbursed to another member of the household as determined by the commission by rule.
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        (b) If the claimant described in Subsection (2)(a) was the only member of the
 household, the claim may be paid to the executor or administrator, except that if neither an
 executor or administrator is appointed and qualified within two years of the filing of the claim,
 the amount of the claim shall escheat to the state.
        (3) If the claimant is the grantor [of a trust holding title to real or tangible personal
 property on which a credit is claimed], trustor, or settlor of or holds another similar role in a
 qualifying trust and the claimant meets the requirements of this part, the claimant may claim
 the portion of the credit and be treated as the owner of that portion of the property held in trust
 [for which the claimant proves to the satisfaction of the county that:].
        [(a) title to the portion of the trust will revest in the claimant upon the exercise of a
 power:]
        [(i) by:]
        [(A) the claimant as grantor of the trust;]
        [(B) a nonadverse party; or]
        [(C) both the claimant and a nonadverse party; and]
        [(ii) regardless of whether the power is a power:]
        [(A) to revoke;]
        [(B) to terminate;]
        [(C) to alter;]
        [(D) to amend; or]
        [(E) to appoint;]
        [(b) the claimant is obligated to pay the taxes on that portion of the trust property
 beginning January 1 of the year the claimant claims the credit; and]
        [(c) the claimant meets the requirements under this part for the credit.]
        (4) The [amount] relief described in Subsection 59-2-1202[(7)(c)(i)](8)(a) is in
 addition to any other exemption or reduction for which a homeowner may be eligible,
 including the homeowner's credit provided for in Section 59-2-1206.
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        Enrolled Copy                                                                             S.B. 35
        Section 3. Section 59-2-1206 is amended to read:
        59-2-1206. Application for homeowner's credit -- Time for filing -- Payment from
 General Fund.
        (1) (a) A claimant applying for a homeowner's credit shall file annually [file] an
 application for the credit with the county before September 1.
        (b) The application under this section shall:
        (i) be on forms provided by:
        (A) the commission; or
        (B) the county in which the applicant resides; and
        (ii) include a household income statement signed by the claimant stating that:
        (A) the income statement is correct; and
        (B) the claimant qualifies for the credit.
        (c) (i) Subject to Subsection (1)(c)(ii), a county shall apply the credit in accordance
 with this section and Section 59-2-1207 for the year in which the claimant applies for a
 homeowner's credit if the claimant meets the criteria for obtaining a homeowner's credit as
 provided in this part.
        (ii) A homeowner's credit under this part may not exceed the claimant's property tax
 liability for the year in which the claimant applies for a homeowner's credit under this part.
        (d) A claimant may qualify for a homeowner's credit under this part regardless of
 whether the claimant owes delinquent property taxes.
        (2) (a) (i) The county shall compile a list of claimants and the homeowner's credits
 granted to the claimants for purposes of obtaining payment from the General Fund for the
 amount of credits granted.
        (ii) A county may not obtain payment from the General Fund for the amount described
 in Subsection 59-2-1202[(7)](8).
        (b) Upon certification by the commission the payment for the credits under this
 Subsection (2) shall be made to the county on or before January 1 if the list of claimants and
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 the credits granted are received by the commission on or before November 30 of the year in
 which the credits under this part are granted.
        (c) If