Utah § 42b-102 - Designating an assessment area -- Levying and paying an assessment - Requirements and prohibitions.
Full text of Utah Utah Code § 42b-102 — Designating an assessment area -- Levying and paying an assessment - Requirements and prohibitions., with citation guidance and answers to common questions.
§ 42b-102. Designating an assessment area -- Levying and paying an assessment - Requirements and prohibitions.
Effective 5/4/2022 11-42b-102.
Designating an assessment area -- Levying and paying an assessment - Requirements and prohibitions.
(1)
Subject to the requirements of this part, the legislative body of a specified county intending to levy an assessment on benefitted properties to pay for beneficial activities shall adopt an ordinance or resolution designating an assessment area.
(2)
A specified county that levies an assessment under this chapter for beneficial activities:
(a)
shall:
(i)
levy an assessment on each benefitted property within the assessment area;
(ii)
use an assessment method that, when applied to a benefitted property, reflects an equitable portion of the benefit the benefitted property will receive for the beneficial activities for which the assessment is levied;
(iii)
levy and collect an assessment in accordance with a management plan that meets the requirements of Subsection 11-42b-103(2)(a); and
(iv)
contract with a third party administrator to implement beneficial activities within the assessment areas;
(b)
may:
(i)
levy an assessment only on lodging establishments located within the geographical boundaries of the specified county;
(ii)
establish benefit zones that divide the assessment area into multiple types or classifications to:
(A)
levy a different level of assessment; or
(B)
use a different assessment method in each classification to reflect more fairly the benefits that property within the different types or classifications is expected to receive because of the proposed beneficial activities;
(iii)
rely on estimated benefits from an increase in:
(A)
retail sales rates;
(B)
customer base;
(C)
public perception;
(D)
hotel room rates and occupancy levels;
(E)
the commercial environment from enhanced services;
(F)
another articulable method of estimating benefits; or
(G)
a combination of the methods described in Subsections (2)(b)(iii)(A) through (F); and
(iv)
may not:
(A)
include, within an assessment area, any area of land that is included within the geographic boundaries of a municipality unless the legislative body of the municipality adopts an ordinance or resolution consenting to the municipality's inclusion in the assessment area; or
(B)
levy an assessment for a period longer than 10 years, unless the assessment area is renewed in accordance with Section 11-42b-109.
(3)
The legislative body of a specified county may not adopt a designation ordinance or resolution under Subsection (1) unless the legislative body:
(a)
receives a petition that meets the requirements of Section 11-42b-103;
shall be disclosed on all information and communication platforms of the benefitted property in the same manner as other surcharges, hotel and occupancy taxes, and sales and use taxes as required by applicable laws and regulations; and
(ii)
may not:
(A)
be used to calculate a benefitted property's gross receipts or gross revenues for any purpose, including the calculation of sales revenue, occupancy taxes, or state income taxes; or
(B)
be considered as part of income pursuant to any lease or operator agreement.
(5)
The payment of an assessment under this chapter may not be taken as a deduction from income for state income tax purposes.
Section 42b-102 ("Designating an assessment area -- Levying and paying an assessment - Requirements and prohibitions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 42b-102?
A common citation format is "Utah Code § 42b-102" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 42b-102 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
