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Senate adopts truth-in-taxation rules after amendment to protect public comment

Utah State Senate · March 1, 2019
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Summary

The Utah Senate passed a substitute to SB 179 requiring truth-in-taxation hearings be held separately from routine agenda items (or combined only with the related budget), and amended the bill to prohibit "unreasonable" restrictions on public comment after floor debate about rural access and time limits.

The Utah Senate on March 1 approved a substitute to Senate Bill 179, a measure aimed at preserving the focus and public access of truth-in-taxation hearings. Sponsor Senator Fillmore said the bill would keep truth-in-taxation meetings distinct from other local business unless they are explicitly combined with the budget that results from the taxation hearing.

The bill drew extended floor discussion from senators concerned about unintended burdens on rural governments and limits on public participation. Senator Hilliard cautioned that local officials sometimes avoid truth-in-taxation meetings because of negative public reaction and worried the bill could make those hearings rarer. Senator Okerlund and other former local officials warned about travel burdens in rural counties and urged flexibility.

Senator Bramble offered a floor amendment, adopted by the sponsor, inserting the word "unreasonable" into the prohibition on limiting the number of individuals who may offer public comment. Bramble said the change would allow local officials discretion where circumstances (physical room capacity or very large crowds) require reasonable limits while still protecting public access. Opponents suggested a "time-certain" approach, but the chamber accepted "unreasonable" as a workable standard for now.

After the amendment, Senator Fillmore said the substitute addressed committee concerns, including allowing the hearing the same day as a budget meeting in rural settings where travel is onerous. Senator Harper described the revised bill as focusing public accountability on the budget that enacts tax changes. The Senate voted to advance the substituted SB 179 to third reading with a recorded vote in which the chair announced 27 ayes, 0 nays, 2 absent.

The bill language requires truth-in-taxation matters be scheduled separately from other agenda items that could consume public-comment time, unless combined with the related budget meeting. The adopted amendment clarifies that governing bodies may not place "unreasonable" restrictions on the number of public commenters during those hearings; the Senate debate noted possible future refinements such as defining time limits or rural exemptions.

The next procedural step is third reading in the Senate. If enacted, local governments will need to adjust meeting agendas to ensure taxpayers have an opportunity to speak on proposed tax increases without other controversial agenda items crowding out that time.