principal -- Determination of necessity -- Election -- Exception. (1) The total amount in a county's tax stability and trust fund established under Section 17-63-806 shall be limited to the percentage of the total taxable value of property in that county not to exceed the limits provided in the following schedule: Total Taxable Value Fund Limits Percentage of Taxable Value but not to exceed: Less than $500,000,000 1.6% $5,000,000 From 500,000,000 to 1,500,000,000 1.0% 7,500,000 Over 1,500,000,000 .5% 15,000,000 (2) If any excess occurs in the tax stability and trust fund over the percentage or maximum dollar amounts specified in Subsection (1), this excess shall be transferred to the county general fund and may be used for all purposes as other amounts in the county general fund are used. (3) (a) Subject to Subsection (3)(b), if any excess in the fund exists because of a decrease in total taxable value, that excess may remain in the fund. (b) If the excess amount in the fund is decreased below the limitations of the fund for any reason, the fund limitations established under Subsection (1) apply. (4) (a) Except as provided in Subsection (5), if the legislative body of a county that has established a tax stability and trust fund under Section 17-63-806 determines that it is necessary for purposes of that county to use any portion of the principal of the fund, the county legislative body shall submit this proposition to the electorate of that county in a special election called and held in the manner provided for in Title 11, Chapter 14, Local Government Bonding Act, for the holding of bond elections. (b) If the proposition is approved at the special election by a majority of the qualified electors of the county voting at the election, then that portion of the principal of the fund covered by the proposition may be transferred to the county general fund for use for purposes of that county. (5) (a) The requirements of Subsection (4) do not apply to the use of any portion of the principal of a tax stability and trust fund established under Section 17-63-806 for payment of any refund of property taxes owed by the county as a result of an objection to the assessment of property assessed by the State Tax Commission under Section 59-2-1007. (b) The legislative body of a county may, by ordinance or resolution, authorize the use of any portion of the tax stability and trust fund for the purpose described in Subsection (5)(a). Renumbered and Amended by Chapter 13, 2025 Special Session 1
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