H.B. 27 Enrolled

1

SALES AND USE TAX MODIFICATIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ben C. Ferry
5 Senate Sponsor: Howard A. Stephenson
6
7 LONG TITLE
8 General Description:
9 This bill amends the Sales and Use Tax Act and related provisions.
10 Highlighted Provisions:
11 This bill:
12 . modifies definitions;
13 . addresses the tax rates at which a seller that does not have sufficient contacts with
14 the state to be required to collect and remit sales and use taxes may voluntarily
15 collect and remit sales and use taxes on:
16 . food and food ingredients; or
17 . a bundled transaction attributable to food and food ingredients and tangible
18 personal property other than food and food ingredients;
19 . addresses the effective dates of sales and use tax repeals, changes, or increases for
20 certain taxes and transactions;
21 . addresses the distribution of the local taxes that are voluntarily collected and
22 remitted by a seller that does not have sufficient contacts with the state to be
23 required to collect and remit sales and use taxes;
24 . addresses the revenues to be deposited into the:
25 . Centennial Highway Fund Restricted Account; and
26 . Transportation Investment Fund of 2005;
27 . addresses the calculation of the credit for certain repossessions of a motor vehicle;
28 . addresses the calculation of the amount a seller that collects and remits sales and
29 use taxes on a monthly basis may retain;

30 . provides that the portion of the tax under the Tourism, Recreation, Cultural, and
31 Convention Facilities Tax part, that is imposed on sales by restaurants, is imposed
32 on sales of prepared food and food and food ingredients;
33 . modifies an appropriation to the State Tax Commission to provide that:
34 . in addition to other purposes allowed in the appropriation language, monies may
35 be expended to reimburse certain business locations for expenditures to pay for
36 in-house programming to account for sales under the reduced sales and use tax
37 rate imposed on food and food ingredients; and
38 . the deadline for a business location to submit a request for reimbursement to the
39 State Tax Commission is extended from before January 1, 2007, to before April
40 1, 2007; and
41 . makes technical changes.
42 Monies Appropriated in this Bill:
43 None
44 Other Special Clauses:
45 This bill provides an immediate effective date and provides for retrospective operation.
46 Utah Code Sections Affected:
47 AMENDS:
48 10-1-405, as last amended by Chapter 253, Laws of Utah 2006
49 11-41-102, as last amended by Chapter 282, Laws of Utah 2006
50 59-12-102, as last amended by Chapter 1, Laws of Utah 2006, Fourth Special Session
51 59-12-103, as last amended by Chapter 9, Laws of Utah 2006, Third Special Session
52 59-12-104.3, as last amended by Chapter 253, Laws of Utah 2006
53 59-12-108, as last amended by Chapters 253 and 282, Laws of Utah 2006
54 59-12-603, as last amended by Chapters 134 and 253, Laws of Utah 2006
55 Uncodified Material Affected:
56 AMENDS UNCODIFIED MATERIAL:
57 Uncodified Section 3, Chapter 9, Laws of Utah 2006, Third Special Session

58
59 Be it enacted by the Legislature of the state of Utah:
60 Section 1. Section 10-1-405 is amended to read:
61 10-1-405. Collection of taxes by commission -- Uniform interlocal agreement --
62 Rulemaking authority -- Charge for services.
63 (1) Subject to the other provisions of this section, the commission shall collect,
64 enforce, and administer any municipal telecommunications license tax imposed under this part
65 pursuant to:
66 (a) the same procedures used in the administration, collection, and enforcement of the
67 state sales and use tax under:
68 (i) Title 59, Chapter 1, General Taxation Policies; and
69 (ii) Title 59, Chapter 12, Part 1, Tax Collection:
70 (A) except for:
71 (I) Subsection 59-12-103 (2)[(e)](h);
72 (II) Section 59-12-104 ;
73 (III) Section 59-12-104.1 ;
74 (IV) Section 59-12-104.2 ; and
75 (V) Section 59-12-107.1 ; and
76 (B) except that for purposes of Section 59-12-110 , the term "taxpayer" may include a
77 customer from whom a municipal telecommunications license tax is recovered in accordance
78 with Subsection 10-1-403 (2); and
79 (b) a uniform interlocal agreement:
80 (i) between:
81 (A) the municipality that imposes the municipal telecommunications license tax; and
82 (B) the commission;
83 (ii) that is executed under Title 11, Chapter 13, Interlocal Cooperation Act;
84 (iii) that complies with Subsection (2)(a); and
85 (iv) that is developed by rule in accordance with Subsection (2)(b).

86 (2) (a) The uniform interlocal agreement described in Subsection (1) shall provide that
87 the commission shall:
88 (i) transmit monies collected under this part:
89 (A) monthly; and
90 (B) by electronic funds transfer by the commission to the municipality;
91 (ii) conduct audits of the municipal telecommunications license tax;
92 (iii) charge the municipality for the commission's services under this section in an
93 amount:
94 (A) sufficient to reimburse the commission for the cost to the commission in rendering
95 the services; and
96 (B) that may not exceed an amount equal to 1.5% of the municipal telecommunications
97 license tax imposed by the ordinance of the municipality; and
98 (iv) collect, enforce, and administer the municipal telecommunications license tax
99 authorized under this part pursuant to the same procedures used in the administration,
100 collection, and enforcement of the state sales and use tax as provided in Subsection (1)(a).
101 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
102 commission shall develop a uniform interlocal agreement that meets the requirements of this
103 section.
104 (3) The administrative fee charged under Subsection (2)(a) shall be:
105 (a) deposited in the Sales and Use Tax Administrative Fees Account; and
106 (b) used for administration of municipal telecommunications license taxes under this
107 part.
108 Section 2. Section 11-41-102 is amended to read:
109 11-41-102. Definitions.
110 As used in this chapter:
111 (1) "Agreement" means an oral or written agreement between a:
112 (a) (i) county; or
113 (ii) municipality; and

114 (b) person.
115 (2) "Municipality" means a:
116 (a) city; or
117 (b) town.
118 (3) "Payment" includes:
119 (a) a payment;
120 (b) a rebate;
121 (c) a refund; or
122 (d) an amount similar to Subsections (3)(a) through (c).
123 (4) "Regional retail business" means a:
124 (a) retail business that occupies a floor area of more than 80,000 square feet;
125 (b) dealer as defined in Section 41-1a-102 ;
126 (c) retail shopping facility that has at least two anchor tenants if the total number of
127 anchor tenants in the shopping facility occupy a total floor area of more than 150,000 square
128 feet; or
129 (d) grocery store that occupies a floor area of more than 30,000 square feet.
130 (5) (a) "Sales and use tax" means a tax:
131 (i) imposed on transactions within a:
132 (A) county; or
133 (B) municipality; and
134 (ii) except as provided in Subsection (5)(b), authorized under Title 59, Chapter 12,
135 Sales and Use Tax Act.
136 (b) Notwithstanding Subsection (5)(a)(ii), "sales and use tax" does not include a tax
137 authorized under:
138 (i) Subsection 59-12-103 (2)(a)(i);
139 (ii) Subsection 59-12-103 (2)(b)(i)[(A)];
140 (iii) Subsection 59-12-103 (2)[(b)(iii)(A)](c)(i);
141 (iv) Subsection 59-12-103 (2)(d)(i);

142 (v) Subsection 59-12-103 (2)(e)(ii)(A);
143 (vi) Subsection 59-12-103 (2)(e)(iii)(A);
144 [(iv)] (vii) Section 59-12-301 ;
145 [(v)] (viii) Section 59-12-352 ;
146 [(vi)] (ix) Section 59-12-353 ;
147 [(vii)] (x) Section 59-12-603 ; or
148 [(viii)] (xi) Section 59-12-1201 .
149 (6) (a) "Sales and use tax incentive payment" means a payment of revenues:
150 (i) to a person;
151 (ii) by a:
152 (A) county; or
153 (B) municipality;
154 (iii) to induce the person to locate or relocate a regional retail business within the:
155 (A) county; or
156 (B) municipality; and
157 (iv) that are derived from a sales and use tax.
158 (b) "Sales and use tax incentive payment" does not include funding for public
159 infrastructure.
160 Section 3. Section 59-12-102 is amended to read:
161 59-12-102. Definitions.
162 As used in this chapter:
163 (1) (a) "Admission or user fees" includes season passes.
164 (b) "Admission or user fees" does not include annual membership dues to private
165 organizations.
166 (2) "Agreement" means the Streamlined Sales and Use Tax Agreement described in
167 Section 59-12-102.1 .
168 (3) "Agreement combined tax rate" means the sum of the tax rates:
169 (a) listed under Subsection (4); and

170 (b) that are imposed within a local taxing jurisdiction.
171 (4) "Agreement sales and use tax" means a tax imposed under:
172 (a) Subsection 59-12-103 (2)(a)(i) [or (2)(b)(iii)(A)];
173 (b) Subsection 59-12-103 (2)(b)(i);
174 (c) Subsection 59-12-103 (2)(c)(i);
175 (d) Subsection 59-12-103 (2)(d)(i);
176 (e) Subsection 59-12-103 (2)(e)(ii)(A);
177 (f) Subsection 59-12-103 (2)(e)(iii)(A);
178 [(b)] (g) Section 59-12-204 ;
179 [(c)] (h) Section 59-12-401 ;
180 [(d)] (i) Section 59-12-402 ;
181 [(e)] (j) Section 59-12-501 ;
182 [(f)] (k) Section 59-12-502 ;
183 [(g)] (l) Section 59-12-703 ;
184 [(h)] (m) Section 59-12-802 ;
185 [(i)] (n) Section 59-12-804 ;
186 [(j)] (o) Section 59-12-1001 ;
187 [(k)] (p) Section 59-12-1102 ;
188 [(l)] (q) Section 59-12-1302 ;
189 [(m)] (r) Section 59-12-1402 ; or
190 [(n)] (s) Section 59-12-1503 .
191 (5) "Aircraft" is as defined in Section 72-10-102 .
192 (6) "Alcoholic beverage" means a beverage that:
193 (a) is suitable for human consumption; and
194 (b) contains .5% or more alcohol by volume.
195 (7) "Area agency on aging" is as defined in Section 62A-3-101 .
196 (8) "Assisted amusement device" means an amusement device, skill device, or ride
197 device that is started and stopped by an individual:

198 (a) who is not the purchaser or renter of the right to use or operate the amusement
199 device, skill device, or ride device; and
200 (b) at the direction of the seller of the right to use the amusement device, skill device,
201 or ride device.
202 (9) "Assisted cleaning or washing of tangible personal property" means cleaning or
203 washing of tangible personal property if the cleaning or washing labor is primarily performed
204 by an individual:
205 (a) who is not the purchaser of the cleaning or washing of the tangible personal
206 property; and
207 (b) at the direction of the seller of the cleaning or washing of the tangible personal
208 property.
209 (10) "Authorized carrier" means:
210 (a) in the case of vehicles operated over public highways, the holder of credentials
211 indicating that the vehicle is or will be operated pursuant to both the International Registration
212 Plan and the International Fuel Tax Agreement;
213 (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
214 certificate or air carrier's operating certificate; or
215 (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
216 stock, the holder of a certificate issued by the United States Surface Transportation Board.
217 (11) (a) Except as provided in Subsection (11)(b), "biomass energy" means any of the
218 following that is used as the primary source of energy to produce fuel or electricity:
219 (i) material from a plant or tree; or
220 (ii) other organic matter that is available on a renewable basis, including:
221 (A) slash and brush from forests and woodlands;
222 (B) animal waste;
223 (C) methane produced:
224 (I) at landfills; or
225 (II) as a byproduct of the treatment of wastewater residuals;

226 (D) aquatic plants; and
227 (E) agricultural products.
228 (b) "Biomass energy" does not include:
229 (i) black liquor;
230 (ii) treated woods; or
231 (iii) biomass from municipal solid waste other than methane produced:
232 (A) at landfills; or
233 (B) as a byproduct of the treatment of wastewater residuals.
234 (12) (a) "Bundled transaction" means the sale of two or more items of tangible personal
235 property if:
236 (i) one or more of the items of tangible personal property is food and food ingredients;
237 and
238 (ii) the items of tangible personal property are:
239 (A) distinct and identifiable; and
240 (B) sold for one price that is not itemized.
241 (b) "Bundled transaction" does not include the sale of tangible personal property if the
242 sales price varies, or is negotiable, on the basis of the selection by the purchaser of the items of
243 tangible personal property included in the transaction.
244 (c) For purposes of Subsection (12)(a)(ii)(A), tangible personal property that is distinct
245 and identifiable does not include:
246 (i) packaging that:
247 (A) accompanies the sale of the tangible personal property; and
248 (B) is incidental or immaterial to the sale of the tangible personal property;
249 (ii) tangible personal property provided free of charge with the purchase of another
250 item of tangible personal property; or
251 (iii) an item of tangible personal property included in the definition of "purchase
252 price."
253 (d) For purposes of Subsection (12)(c)(ii), an item of tangible personal property is

254 provided free of charge with the purchase of another item of tangible personal property if the
255 sales price of the purchased item of tangible personal property does not vary depending on the
256 inclusion of the tangible personal property provided free of charge.
257 (13) "Certified automated system" means software certified by the governing board of
258 the agreement in accordance with Section 59-12-102.1 that:
259 (a) calculates the agreement sales and use tax imposed within a local taxing
260 jurisdiction:
261 (i) on a transaction; and
262 (ii) in the states that are members of the agreement;
263 (b) determines the amount of agreement sales and use tax to remit to a state that is a
264 member of the agreement; and
265 (c) maintains a record of the transaction described in Subsection (13)(a)(i).
266 (14) "Certified service provider" means an agent certified:
267 (a) by the governing board of the agreement in accordance with Section 59-12-102.1 ;
268 and
269 (b) to perform all of a seller's sales and use tax functions for an agreement sales and
270 use tax other than the seller's obligation under Section 59-12-107.4 to remit a tax on the seller's
271 own purchases.
272 (15) (a) Subject to Subsection (15)(b), "clothing" means all human wearing apparel
273 suitable for general use.
274 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
275 commission shall make rules:
276 (i) listing the items that constitute "clothing"; and
277 (ii) that are consistent with the list of items that constitute "clothing" under the
278 agreement.
279 (16) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
280 (17) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
281 fuels that does not constitute industrial use under Subsection (39) or residential use under

282 Subsection (76).
283 (18) (a) "Common carrier" means a person engaged in or transacting the business of
284 transporting passengers, freight, merchandise, or other property for hire within this state.
285 (b) (i) "Common carrier" does not include a person who, at the time the person is
286 traveling to or from that person's place of employment, transports a passenger to or from the
287 passenger's place of employment.
288 (ii) For purposes of Subsection (18)(b)(i), in accordance with Title 63, Chapter 46a,
289 Utah Administrative Rulemaking Act, the commission may make rules defining what
290 constitutes a person's place of employment.
291 (19) "Component part" includes:
292 (a) poultry, dairy, and other livestock feed, and their components;
293 (b) baling ties and twine used in the baling of hay and straw;
294 (c) fuel used for providing temperature control of orchards and commercial
295 greenhouses doing a majority of their business in wholesale sales, and for providing power for
296 off-highway type farm machinery; and
297 (d) feed, seeds, and seedlings.
298 (20) "Computer" means an electronic device that accepts information:
299 (a) (i) in digital form; or
300 (ii) in a form similar to digital form; and
301 (b) manipulates that information for a result based on a sequence of instructions.
302 (21) "Computer software" means a set of coded instructions designed to cause:
303 (a) a computer to perform a task; or
304 (b) automatic data processing equipment to perform a task.
305 (22) "Construction materials" means any tangible personal property that will be
306 converted into real property.
307 (23) "Delivered electronically" means delivered to a purchaser by means other than
308 tangible storage media.
309 (24) (a) "Delivery charge" means a charge:

310 (i) by a seller of:
311 (A) tangible personal property; or
312 (B) services; and
313 (ii) for preparation and delivery of the tangible personal property or services described
314 in Subsection (24)(a)(i) to a location designated by the purchaser.
315 (b) "Delivery charge" includes a charge for the following:
316 (i) transportation;
317 (ii) shipping;
318 (iii) postage;
319 (iv) handling;
320 (v) crating; or
321 (vi) packing.
322 (25) "Dietary supplement" means a product, other than tobacco, that:
323 (a) is intended to supplement the diet;
324 (b) contains one or more of the following dietary ingredients:
325 (i) a vitamin;
326 (ii) a mineral;
327 (iii) an herb or other botanical;
328 (iv) an amino acid;
329 (v) a dietary substance for use by humans to supplement the diet by increasing the total
330 dietary intake; or
331 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
332 described in Subsections (25)(b)(i) through (v);
333 (c) (i) except as provided in Subsection (25)(c)(ii), is intended for ingestion in:
334 (A) tablet form;
335 (B) capsule form;
336 (C) powder form;
337 (D) softgel form;

338 (E) gelcap form; or
339 (F) liquid form; or
340 (ii) notwithstanding Subsection (25)(c)(i), if the product is not intended for ingestion in
341 a form described in Subsections (25)(c)(i)(A) through (F), is not represented:
342 (A) as conventional food; and
343 (B) for use as a sole item of:
344 (I) a meal; or
345 (II) the diet; and
346 (d) is required to be labeled as a dietary supplement:
347 (i) identifiable by the "Supplemental Facts" box found on the label; and
348 (ii) as required by 21 C.F.R. Sec. 101.36.
349 (26) (a) "Direct mail" means printed material delivered or distributed by United States
350 mail or other delivery service:
351 (i) to:
352 (A) a mass audience; or
353 (B) addressees on a mailing list provided by a purchaser of the mailing list; and
354 (ii) if the cost of the printed material is not billed directly to the recipients.
355 (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
356 purchaser to a seller of direct mail for inclusion in a package containing the printed material.
357 (c) "Direct mail" does not include multiple items of printed material delivered to a
358 single address.
359 (27) (a) "Drug" means a compound, substance, or preparation, or a component of a
360 compound, substance, or preparation that is:
361 (i) recognized in:
362 (A) the official United States Pharmacopoeia;
363 (B) the official Homeopathic Pharmacopoeia of the United States;
364 (C) the official National Formulary; or
365 (D) a supplement to a publication listed in Subsections (27)(a)(i)(A) through (C);

366 (ii) intended for use in the:
367 (A) diagnosis of disease;
368 (B) cure of disease;
369 (C) mitigation of disease;
370 (D) treatment of disease; or
371 (E) prevention of disease; or
372 (iii) intended to affect:
373 (A) the structure of the body; or
374 (B) any function of the body.
375 (b) "Drug" does not include:
376 (i) food and food ingredients;
377 (ii) a dietary supplement;
378 (iii) an alcoholic beverage; or
379 (iv) a prosthetic device.
380 (28) (a) Except as provided in Subsection (28)(c), "durable medical equipment" means
381 equipment that:
382 (i) can withstand repeated use;
383 (ii) is primarily and customarily used to serve a medical purpose;
384 (iii) generally is not useful to a person in the absence of illness or injury; and
385 (iv) is not worn in or on the body.
386 (b) "Durable medical equipment" includes parts used in the repair or replacement of the
387 equipment described in Subsection (28)(a).
388 (c) Notwithstanding Subsection (28)(a), "durable medical equipment" does not include
389 mobility enhancing equipment.
390 (29) "Electronic" means:
391 (a) relating to technology; and
392 (b) having:
393 (i) electrical capabilities;

394 (ii) digital capabilities;
395 (iii) magnetic capabilities;
396 (iv) wireless capabilities;
397 (v) optical capabilities;
398 (vi) electromagnetic capabilities; or
399 (vii) capabilities similar to Subsections (29)(b)(i) through (vi).
400 (30) "Employee" is as defined in Section 59-10-401 .
401 (31) "Fixed guideway" means a public transit facility that uses and occupies:
402 (a) rail for the use of public transit; or
403 (b) a separate right-of-way for the use of public transit.
404 (32) (a) "Food and food ingredients" means substances:
405 (i) regardless of whether the substances are in:
406 (A) liquid form;
407 (B) concentrated form;
408 (C) solid form;
409 (D) frozen form;
410 (E) dried form; or
411 (F) dehydrated form; and
412 (ii) that are:
413 (A) sold for:
414 (I) ingestion by humans; or
415 (II) chewing by humans; and
416 (B) consumed for the substance's:
417 (I) taste; or
418 (II) nutritional value.
419 (b) "Food and food ingredients" includes an item described in Subsection (63)(b)(iii).
420 (c) "Food and food ingredients" does not include:
421 (i) an alcoholic beverage;

422 (ii) tobacco; or
423 (iii) prepared food.
424 (33) (a) "Fundraising sales" means sales:
425 (i) (A) made by a school; or
426 (B) made by a school student;
427 (ii) that are for the purpose of raising funds for the school to purchase equipment,
428 materials, or provide transportation; and
429 (iii) that are part of an officially sanctioned school activity.
430 (b) For purposes of Subsection (33)(a)(iii), "officially sanctioned school activity"
431 means a school activity:
432 (i) that is conducted in accordance with a formal policy adopted by the school or school
433 district governing the authorization and supervision of fundraising activities;
434 (ii) that does not directly or indirectly compensate an individual teacher or other
435 educational personnel by direct payment, commissions, or payment in kind; and
436 (iii) the net or gross revenues from which are deposited in a dedicated account
437 controlled by the school or school district.
438 (34) "Geothermal energy" means energy contained in heat that continuously flows
439 outward from the earth that is used as the sole source of energy to produce electricity.
440 (35) "Governing board of the agreement" means the governing board of the agreement
441 that is:
442 (a) authorized to administer the agreement; and
443 (b) established in accordance with the agreement.
444 (36) (a) "Hearing aid" means:
445 (i) an instrument or device having an electronic component that is designed to:
446 (A) (I) improve impaired human hearing; or
447 (II) correct impaired human hearing; and
448 (B) (I) be worn in the human ear; or
449 (II) affixed behind the human ear;

450 (ii) an instrument or device that is surgically implanted into the cochlea; or
451 (iii) a telephone amplifying device.
452 (b) "Hearing aid" does not include:
453 (i) except as provided in Subsection (36)(a)(i)(B) or (36)(a)(ii), an instrument or device
454 having an electronic component that is designed to be worn on the body;
455 (ii) except as provided in Subsection (36)(a)(iii), an assistive listening device or system
456 designed to be used by one individual, including:
457 (A) a personal amplifying system;
458 (B) a personal FM system;
459 (C) a television listening system; or
460 (D) a device or system similar to a device or system described in Subsections
461 (36)(b)(ii)(A) through (C); or
462 (iii) an assistive listening device or system designed to be used by more than one
463 individual, including:
464 (A) a device or system installed in:
465 (I) an auditorium;
466 (II) a church;
467 (III) a conference room;
468 (IV) a synagogue; or
469 (V) a theater; or
470 (B) a device or system similar to a device or system described in Subsections
471 (36)(b)(iii)(A)(I) through (V).
472 (37) (a) "Hearing aid accessory" means a hearing aid:
473 (i) component;
474 (ii) attachment; or
475 (iii) accessory.
476 (b) "Hearing aid accessory" includes:
477 (i) a hearing aid neck loop;

478 (ii) a hearing aid cord;
479 (iii) a hearing aid ear mold;
480 (iv) hearing aid tubing;
481 (v) a hearing aid ear hook; or
482 (vi) a hearing aid remote control.
483 (c) "Hearing aid accessory" does not include:
484 (i) a component, attachment, or accessory designed to be used only with an:
485 (A) instrument or device described in Subsection (36)(b)(i); or
486 (B) assistive listening device or system described in Subsection (36)(b)(ii) or (iii); or
487 (ii) a hearing aid battery.
488 (38) "Hydroelectric energy" means water used as the sole source of energy to produce
489 electricity.
490 (39) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
491 other fuels:
492 (a) in mining or extraction of minerals;
493 (b) in agricultural operations to produce an agricultural product up to the time of
494 harvest or placing the agricultural product into a storage facility, including:
495 (i) commercial greenhouses;
496 (ii) irrigation pumps;
497 (iii) farm machinery;
498 (iv) implements of husbandry as defined in Subsection 41-1a-102 (23) that are not
499 registered under Title 41, Chapter 1a, Part 2, Registration; and
500 (v) other farming activities;
501 (c) in manufacturing tangible personal property at an establishment described in SIC
502 Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal
503 Executive Office of the President, Office of Management and Budget;
504 (d) by a scrap recycler if:
505 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process

506 one or more of the following items into prepared grades of processed materials for use in new
507 products:
508 (A) iron;
509 (B) steel;
510 (C) nonferrous metal;
511 (D) paper;
512 (E) glass;
513 (F) plastic;
514 (G) textile; or
515 (H) rubber; and
516 (ii) the new products under Subsection (39)(d)(i) would otherwise be made with
517 nonrecycled materials; or
518 (e) in producing a form of energy or steam described in Subsection 54-2-1 (2)(a) by a
519 cogeneration facility as defined in Section 54-2-1 .
520 (40) (a) Except as provided in Subsection (40)(b), "installation charge" means a charge
521 for installing tangible personal property.
522 (b) Notwithstanding Subsection (40)(a), "installation charge" does not include a charge
523 for repairs or renovations of tangible personal property.
524 (41) (a) "Lease" or "rental" means a transfer of possession or control of tangible
525 personal property for:
526 (i) (A) a fixed term; or
527 (B) an indeterminate term; and
528 (ii) consideration.
529 (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
530 amount of consideration may be increased or decreased by reference to the amount realized
531 upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
532 Code.
533 (c) "Lease" or "rental" does not include:

534 (i) a transfer of possession or control of property under a security agreement or
535 deferred payment plan that requires the transfer of title upon completion of the required
536 payments;
537 (ii) a transfer of possession or control of property under an agreement that requires the
538 transfer of title:
539 (A) upon completion of required payments; and
540 (B) if the payment of an option price does not exceed the greater of:
541 (I) $100; or
542 (II) 1% of the total required payments; or
543 (iii) providing tangible personal property along with an operator for a fixed period of
544 time or an indeterminate period of time if the operator is necessary for equipment to perform as
545 designed.
546 (d) For purposes of Subsection (41)(c)(iii), an operator is necessary for equipment to
547 perform as designed if the operator's duties exceed the:
548 (i) set-up of tangible personal property;
549 (ii) maintenance of tangible personal property; or
550 (iii) inspection of tangible personal property.
551 (42) "Load and leave" means delivery to a purchaser by use of a tangible storage media
552 if the tangible storage media is not physically transferred to the purchaser.
553 (43) "Local taxing jurisdiction" means a:
554 (a) county that is authorized to impose an agreement sales and use tax;
555 (b) city that is authorized to impose an agreement sales and use tax; or
556 (c) town that is authorized to impose an agreement sales and use tax.
557 (44) "Manufactured home" is as defined in Section 58-56-3 .
558 (45) For purposes of Section 59-12-104 , "manufacturing facility" means:
559 (a) an establishment described in SIC Codes 2000 to 3999 of the 1987 Standard
560 Industrial Classification Manual of the federal Executive Office of the President, Office of
561 Management and Budget;

562 (b) a scrap recycler if:
563 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
564 one or more of the following items into prepared grades of processed materials for use in new
565 products:
566 (A) iron;
567 (B) steel;
568 (C) nonferrous metal;
569 (D) paper;
570 (E) glass;
571 (F) plastic;
572 (G) textile; or
573 (H) rubber; and
574 (ii) the new products under Subsection (45)(b)(i) would otherwise be made with
575 nonrecycled materials; or
576 (c) a cogeneration facility as defined in Section 54-2-1 .
577 (46) "Member of the immediate family of the producer" means a person who is related
578 to a producer described in Subsection 59-12-104 (20)(a) as a:
579 (a) child or stepchild, regardless of whether the child or stepchild is:
580 (i) an adopted child or adopted stepchild; or
581 (ii) a foster child or foster stepchild;
582 (b) grandchild or stepgrandchild;
583 (c) grandparent or stepgrandparent;
584 (d) nephew or stepnephew;
585 (e) niece or stepniece;
586 (f) parent or stepparent;
587 (g) sibling or stepsibling;
588 (h) spouse;
589 (i) person who is the spouse of a person described in Subsections (46)(a) through (g);

590 or
591 (j) person similar to a person described in Subsections (46)(a) through (i) as
592 determined by the commission by rule made in accordance with Title 63, Chapter 46a, Utah
593 Administrative Rulemaking Act.
594 (47) "Mobile home" is as defined in Section 58-56-3 .
595 (48) "Mobile telecommunications service" is as defined in the Mobile
596 Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
597 (49) (a) Except as provided in Subsection (49)(c), "mobility enhancing equipment"
598 means equipment that is:
599 (i) primarily and customarily used to provide or increase the ability to move from one
600 place to another;
601 (ii) appropriate for use in a:
602 (A) home; or
603 (B) motor vehicle; and
604 (iii) not generally used by persons with normal mobility.
605 (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
606 the equipment described in Subsection (49)(a).
607 (c) Notwithstanding Subsection (49)(a), "mobility enhancing equipment" does not
608 include:
609 (i) a motor vehicle;
610 (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
611 vehicle manufacturer;
612 (iii) durable medical equipment; or
613 (iv) a prosthetic device.
614 (50) "Model 1 seller" means a seller that has selected a certified service provider as the
615 seller's agent to perform all of the seller's sales and use tax functions for agreement sales and
616 use taxes other than the seller's obligation under Section 59-12-107.4 to remit a tax on the
617 seller's own purchases.

618 (51) "Model 2 seller" means a seller that:
619 (a) except as provided in Subsection (51)(b), has selected a certified automated system
620 to perform the seller's sales tax functions for agreement sales and use taxes; and
621 (b) notwithstanding Subsection (51)(a), retains responsibility for remitting all of the
622 sales tax:
623 (i) collected by the seller; and
624 (ii) to the appropriate local taxing jurisdiction.
625 (52) (a) Subject to Subsection (52)(b), "model 3 seller" means a seller that has:
626 (i) sales in at least five states that are members of the agreement;
627 (ii) total annual sales revenues of at least $500,000,000;
628 (iii) a proprietary system that calculates the amount of tax:
629 (A) for an agreement sales and use tax; and
630 (B) due to each local taxing jurisdiction; and
631 (iv) entered into a performance agreement with the governing board of the agreement.
632 (b) For purposes of Subsection (52)(a), "model 3 seller" includes an affiliated group of
633 sellers using the same proprietary system.
634 (53) "Modular home" means a modular unit as defined in Section 58-56-3 .
635 (54) "Motor vehicle" is as defined in Section 41-1a-102 .
636 (55) "Oil shale" means a group of fine black to dark brown shales containing
637 bituminous material that yields petroleum upon distillation.
638 (56) (a) "Other fuels" means products that burn independently to produce heat or
639 energy.
640 (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
641 personal property.
642 (57) "Pawnbroker" is as defined in Section 13-32a-102 .
643 (58) "Pawn transaction" is as defined in Section 13-32a-102 .
644 (59) (a) "Permanently attached to real property" means that for tangible personal
645 property attached to real property:

646 (i) the attachment of the tangible personal property to the real property:
647 (A) is essential to the use of the tangible personal property; and
648 (B) suggests that the tangible personal property will remain attached to the real
649 property in the same place over the useful life of the tangible personal property; or
650 (ii) if the tangible personal property is detached from the real property, the detachment
651 would:
652 (A) cause substantial damage to the tangible personal property; or
653 (B) require substantial alteration or repair of the real property to which the tangible
654 personal property is attached.
655 (b) "Permanently attached to real property" includes:
656 (i) the attachment of an accessory to the tangible personal property if the accessory is:
657 (A) essential to the operation of the tangible personal property; and
658 (B) attached only to facilitate the operation of the tangible personal property;
659 (ii) a temporary detachment of tangible personal property from real property for a
660 repair or renovation if the repair or renovation is performed where the tangible personal
661 property and real property are located; or
662 (iii) an attachment of the following tangible personal property to real property,
663 regardless of whether the attachment to real property is only through a line that supplies water,
664 electricity, gas, telephone, cable, or supplies a similar item as determined by the commission by
665 rule made in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act:
666 (A) property attached to oil, gas, or water pipelines, other than the property listed in
667 Subsection (59)(c)(iii);
668 (B) a hot water heater;
669 (C) a water softener system; or
670 (D) a water filtration system, other than a water filtration system manufactured as part
671 of a refrigerator.
672 (c) "Permanently attached to real property" does not include:
673 (i) the attachment of portable or movable tangible personal property to real property if

674 that portable or movable tangible personal property is attached to real property only for:
675 (A) convenience;
676 (B) stability; or
677 (C) for an obvious temporary purpose;
678 (ii) the detachment of tangible personal property from real property other than the
679 detachment described in Subsection (59)(b)(ii); or
680 (iii) an attachment of the following tangible personal property to real property if the
681 attachment to real property is only through a line that supplies water, electricity, gas, telephone,
682 cable, or supplies a similar item as determined by the commission by rule made in accordance
683 with Title 63, Chapter 46a, Utah Administrative Rulemaking Act:
684 (A) a refrigerator;
685 (B) a washer;
686 (C) a dryer;
687 (D) a stove;
688 (E) a television;
689 (F) a computer;
690 (G) a telephone; or
691 (H) tangible personal property similar to Subsections (59)(c)(iii)(A) through (G) as
692 determined by the commission by rule made in accordance with Title 63, Chapter 46a, Utah
693 Administrative Rulemaking Act.
694 (60) "Person" includes any individual, firm, partnership, joint venture, association,
695 corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
696 municipality, district, or other local governmental entity of the state, or any group or
697 combination acting as a unit.
698 (61) "Place of primary use":
699 (a) for telephone service other than mobile telecommunications service, means the
700 street address representative of where the purchaser's use of the telephone service primarily
701 occurs, which shall be:

702 (i) the residential street address of the purchaser; or
703 (ii) the primary business street address of the purchaser; or
704 (b) for mobile telecommunications service, is as defined in the Mobile
705 Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
706 (62) "Postproduction" means an activity related to the finishing or duplication of a
707 medium described in Subsection 59-12-104 (56)(a).
708 (63) (a) "Prepared food" means:
709 (i) food:
710 (A) sold in a heated state; or
711 (B) heated by a seller;
712 (ii) two or more food ingredients mixed or combined by the seller for sale as a single
713 item; or
714 (iii) except as provided in Subsection (63)(c), food sold with an eating utensil provided
715 by the seller, including a:
716 (A) plate;
717 (B) knife;
718 (C) fork;
719 (D) spoon;
720 (E) glass;
721 (F) cup;
722 (G) napkin; or
723 (H) straw.
724 (b) "Prepared food" does not include:
725 (i) food that a seller only:
726 (A) cuts;
727 (B) repackages; or
728 (C) pasteurizes; or
729 (ii) (A) the following:

730 (I) raw egg;
731 (II) raw fish;
732 (III) raw meat;
733 (IV) raw poultry; or
734 (V) a food containing an item described in Subsections (63)(b)(ii)(A)(I) through (IV);
735 and
736 (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
737 Food and Drug Administration's Food Code that a consumer cook the items described in
738 Subsection (63)(b)(ii)(A) to prevent food borne illness; or
739 (iii) the following if sold without eating utensils provided by the seller:
740 (A) food and food ingredients sold by a seller if the seller's proper primary
741 classification under the 2002 North American Industry Classification System of the federal
742 Executive Office of the President, Office of Management and Budget, is manufacturing in
743 Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
744 Manufacturing;
745 (B) food and food ingredients sold in an unheated state:
746 (I) by weight or volume; and
747 (II) as a single item; or
748 (C) a bakery item, including:
749 (I) a bagel;
750 (II) a bar;
751 (III) a biscuit;
752 (IV) bread;
753 (V) a bun;
754 (VI) a cake;
755 (VII) a cookie;
756 (VIII) a croissant;
757 (IX) a danish;

758 (X) a donut;
759 (XI) a muffin;
760 (XII) a pastry;
761 (XIII) a pie;
762 (XIV) a roll;
763 (XV) a tart;
764 (XVI) a torte; or
765 (XVII) a tortilla.
766 (c) Notwithstanding Subsection (63)(a)(iii), an eating utensil provided by the seller
767 does not include the following used to transport the food:
768 (i) a container; or
769 (ii) packaging.
770 (64) "Prescription" means an order, formula, or recipe that is issued:
771 (a) (i) orally;
772 (ii) in writing;
773 (iii) electronically; or
774 (iv) by any other manner of transmission; and
775 (b) by a licensed practitioner authorized by the laws of a state.
776 (65) (a) Except as provided in Subsection (65)(b)(ii) or (iii), "prewritten computer
777 software" means computer software that is not designed and developed:
778 (i) by the author or other creator of the computer software; and
779 (ii) to the specifications of a specific purchaser.
780 (b) "Prewritten computer software" includes:
781 (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
782 software is not designed and developed:
783 (A) by the author or other creator of the computer software; and
784 (B) to the specifications of a specific purchaser;
785 (ii) notwithstanding Subsection (65)(a), computer software designed and developed by

786 the author or other creator of the computer software to the specifications of a specific purchaser
787 if the computer software is sold to a person other than the purchaser; or
788 (iii) notwithstanding Subsection (65)(a) and except as provided in Subsection (65)(c),
789 prewritten computer software or a prewritten portion of prewritten computer software:
790 (A) that is modified or enhanced to any degree; and
791 (B) if the modification or enhancement described in Subsection (65)(b)(iii)(A) is
792 designed and developed to the specifications of a specific purchaser.
793 (c) Notwithstanding Subsection (65)(b)(iii), "prewritten computer software" does not
794 include a modification or enhancement described in Subsection (65)(b)(iii) if the charges for
795 the modification or enhancement are:
796 (i) reasonable; and
797 (ii) separately stated on the invoice or other statement of price provided to the
798 purchaser.
799 (66) (a) "Prosthetic device" means a device that is worn on or in the body to:
800 (i) artificially replace a missing portion of the body;
801 (ii) prevent or correct a physical deformity or physical malfunction; or
802 (iii) support a weak or deformed portion of the body.
803 (b) "Prosthetic device" includes:
804 (i) parts used in the repairs or renovation of a prosthetic device; or
805 (ii) replacement parts for a prosthetic device.
806 (c) "Prosthetic device" does not include:
807 (i) corrective eyeglasses;
808 (ii) contact lenses;
809 (iii) hearing aids; or
810 (iv) dental prostheses.
811 (67) (a) "Protective equipment" means an item:
812 (i) for human wear; and
813 (ii) that is:

814 (A) designed as protection:
815 (I) to the wearer against injury or disease; or
816 (II) against damage or injury of other persons or property; and
817 (B) not suitable for general use.
818 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
819 commission shall make rules:
820 (i) listing the items that constitute "protective equipment"; and
821 (ii) that are consistent with the list of items that constitute "protective equipment"
822 under the agreement.
823 (68) (a) "Purchase price" and "sales price" mean the total amount of consideration:
824 (i) valued in money; and
825 (ii) for which tangible personal property or services are:
826 (A) sold;
827 (B) leased; or
828 (C) rented.
829 (b) "Purchase price" and "sales price" include:
830 (i) the seller's cost of the tangible personal property or services sold;
831 (ii) expenses of the seller, including:
832 (A) the cost of materials used;
833 (B) a labor cost;
834 (C) a service cost;
835 (D) interest;
836 (E) a loss;
837 (F) the cost of transportation to the seller; or
838 (G) a tax imposed on the seller; or
839 (iii) a charge by the seller for any service necessary to complete the sale.
840 (c) "Purchase price" and "sales price" do not include:
841 (i) a discount:

842 (A) in a form including:
843 (I) cash;
844 (II) term; or
845 (III) coupon;
846 (B) that is allowed by a seller;
847 (C) taken by a purchaser on a sale; and
848 (D) that is not reimbursed by a third party; or
849 (ii) the following if separately stated on an invoice, bill of sale, or similar document
850 provided to the purchaser:
851 (A) the amount of a trade-in;
852 (B) the following from credit extended on the sale of tangible personal property or
853 services:
854 (I) interest charges;
855 (II) financing charges; or
856 (III) carrying charges;
857 (C) a tax or fee legally imposed directly on the consumer;
858 (D) a delivery charge; or
859 (E) an installation charge.
860 (69) "Purchaser" means a person to whom:
861 (a) a sale of tangible personal property is made; or
862 (b) a service is furnished.
863 (70) "Regularly rented" means:
864 (a) rented to a guest for value three or more times during a calendar year; or
865 (b) advertised or held out to the public as a place that is regularly rented to guests for
866 value.
867 (71) "Renewable energy" means:
868 (a) biomass energy;
869 (b) hydroelectric energy;

870 (c) geothermal energy;
871 (d) solar energy; or
872 (e) wind energy.
873 (72) (a) "Renewable energy production facility" means a facility that:
874 (i) uses renewable energy to produce electricity; and
875 (ii) has a production capacity of 20 kilowatts or greater.
876 (b) A facility is a renewable energy production facility regardless of whether the
877 facility is:
878 (i) connected to an electric grid; or
879 (ii) located on the premises of an electricity consumer.
880 (73) "Rental" is as defined in Subsection (41).
881 (74) "Repairs or renovations of tangible personal property" means:
882 (a) a repair or renovation of tangible personal property that is not permanently attached
883 to real property; or
884 (b) attaching tangible personal property to other tangible personal property if the other
885 tangible personal property to which the tangible personal property is attached is not
886 permanently attached to real property.
887 (75) "Research and development" means the process of inquiry or experimentation
888 aimed at the discovery of facts, devices, technologies, or applications and the process of
889 preparing those devices, technologies, or applications for marketing.
890 (76) "Residential use" means the use in or around a home, apartment building, sleeping
891 quarters, and similar facilities or accommodations.
892 (77) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
893 than:
894 (a) resale;
895 (b) sublease; or
896 (c) subrent.
897 (78) (a) "Retailer" means any person engaged in a regularly organized business in

898 tangible personal property or any other taxable transaction under Subsection 59-12-103 (1), and
899 who is selling to the user or consumer and not for resale.
900 (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
901 engaged in the business of selling to users or consumers within the state.
902 (79) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
903 otherwise, in any manner, of tangible personal property or any other taxable transaction under
904 Subsection 59-12-103 (1), for consideration.
905 (b) "Sale" includes:
906 (i) installment and credit sales;
907 (ii) any closed transaction constituting a sale;
908 (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
909 chapter;
910 (iv) any transaction if the possession of property is transferred but the seller retains the
911 title as security for the payment of the price; and
912 (v) any transaction under which right to possession, operation, or use of any article of
913 tangible personal property is granted under a lease or contract and the transfer of possession
914 would be taxable if an outright sale were made.
915 (80) "Sale at retail" is as defined in Subsection (77).
916 (81) "Sale-leaseback transaction" means a transaction by which title to tangible
917 personal property that is subject to a tax under this chapter is transferred:
918 (a) by a purchaser-lessee;
919 (b) to a lessor;
920 (c) for consideration; and
921 (d) if:
922 (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
923 of the tangible personal property;
924 (ii) the sale of the tangible personal property to the lessor is intended as a form of
925 financing:

926 (A) for the property; and
927 (B) to the purchaser-lessee; and
928 (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
929 is required to:
930 (A) capitalize the property for financial reporting purposes; and
931 (B) account for the lease payments as payments made under a financing arrangement.
932 (82) "Sales price" is as defined in Subsection (68).
933 (83) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
934 amounts charged by a school:
935 (i) sales that are directly related to the school's educational functions or activities
936 including:
937 (A) the sale of:
938 (I) textbooks;
939 (II) textbook fees;
940 (III) laboratory fees;
941 (IV) laboratory supplies; or
942 (V) safety equipment;
943 (B) the sale of a uniform, protective equipment, or sports or recreational equipment
944 that:
945 (I) a student is specifically required to wear as a condition of participation in a
946 school-related event or school-related activity; and
947 (II) is not readily adaptable to general or continued usage to the extent that it takes the
948 place of ordinary clothing;
949 (C) sales of the following if the net or gross revenues generated by the sales are
950 deposited into a school district fund or school fund dedicated to school meals:
951 (I) food and food ingredients; or
952 (II) prepared food; or
953 (D) transportation charges for official school activities; or

954 (ii) amounts paid to or amounts charged by a school for admission to a school-related
955 event or school-related activity.
956 (b) "Sales relating to schools" does not include:
957 (i) bookstore sales of items that are not educational materials or supplies;
958 (ii) except as provided in Subsection (83)(a)(i)(B):
959 (A) clothing;
960 (B) clothing accessories or equipment;
961 (C) protective equipment; or
962 (D) sports or recreational equipment; or
963 (iii) amounts paid to or amounts charged by a school for admission to a school-related
964 event or school-related activity if the amounts paid or charged are passed through to a person:
965 (A) other than a:
966 (I) school;
967 (II) nonprofit organization authorized by a school board or a governing body of a
968 private school to organize and direct a competitive secondary school activity; or
969 (III) nonprofit association authorized by a school board or a governing body of a
970 private school to organize and direct a competitive secondary school activity; and
971 (B) that is required to collect sales and use taxes under this chapter.
972 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
973 commission may make rules defining the term "passed through."
974 (84) For purposes of this section and Section 59-12-104 , "school" means:
975 (a) an elementary school or a secondary school that:
976 (i) is a:
977 (A) public school; or
978 (B) private school; and
979 (ii) provides instruction for one or more grades kindergarten through 12; or
980 (b) a public school district.
981 (85) "Seller" means a person that makes a sale, lease, or rental of:

982 (a) tangible personal property; or
983 (b) a service.
984 (86) (a) "Semiconductor fabricating, processing, research, or development materials"
985 means tangible personal property:
986 (i) used primarily in the process of:
987 (A) (I) manufacturing a semiconductor;
988 (II) fabricating a semiconductor; or
989 (III) research or development of a:
990 (Aa) semiconductor; or
991 (Bb) semiconductor manufacturing process; or
992 (B) maintaining an environment suitable for a semiconductor; or
993 (ii) consumed primarily in the process of:
994 (A) (I) manufacturing a semiconductor;
995 (II) fabricating a semiconductor; or
996 (III) research or development of a:
997 (Aa) semiconductor; or
998 (Bb) semiconductor manufacturing process; or
999 (B) maintaining an environment suitable for a semiconductor.
1000 (b) "Semiconductor fabricating, processing, research, or development materials"
1001 includes:
1002 (i) parts used in the repairs or renovations of tangible personal property described in
1003 Subsection (86)(a); or
1004 (ii) a chemical, catalyst, or other material used to:
1005 (A) produce or induce in a semiconductor a:
1006 (I) chemical change; or
1007 (II) physical change;
1008 (B) remove impurities from a semiconductor; or
1009 (C) improve the marketable condition of a semiconductor.

1010 (87) "Senior citizen center" means a facility having the primary purpose of providing
1011 services to the aged as defined in Section 62A-3-101 .
1012 (88) "Simplified electronic return" means the electronic return:
1013 (a) described in Section 318(C) of the agreement; and
1014 (b) approved by the governing board of the agreement.
1015 (89) "Solar energy" means the sun used as the sole source of energy for producing
1016 electricity.
1017 (90) (a) "Sports or recreational equipment" means an item:
1018 (i) designed for human use; and
1019 (ii) that is:
1020 (A) worn in conjunction with:
1021 (I) an athletic activity; or
1022 (II) a recreational activity; and
1023 (B) not suitable for general use.
1024 (b) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1025 commission shall make rules:
1026 (i) listing the items that constitute "sports or recreational equipment"; and
1027 (ii) that are consistent with the list of items that constitute "sports or recreational
1028 equipment" under the agreement.
1029 (91) "State" means the state of Utah, its departments, and agencies.
1030 (92) "Storage" means any keeping or retention of tangible personal property or any
1031 other taxable transaction under Subsection 59-12-103 (1), in this state for any purpose except
1032 sale in the regular course of business.
1033 (93) (a) "Tangible personal property" means personal property that:
1034 (i) may be:
1035 (A) seen;
1036 (B) weighed;
1037 (C) measured;

1038 (D) felt; or
1039 (E) touched; or
1040 (ii) is in any manner perceptible to the senses.
1041 (b) "Tangible personal property" includes:
1042 (i) electricity;
1043 (ii) water;
1044 (iii) gas;
1045 (iv) steam; or
1046 (v) prewritten computer software.
1047 (94) "Tar sands" means impregnated sands that yield mixtures of liquid hydrocarbon
1048 and require further processing other than mechanical blending before becoming finished
1049 petroleum products.
1050 (95) (a) "Telecommunications enabling or facilitating equipment, machinery, or
1051 software" means an item listed in Subsection (95)(b) if that item is purchased or leased
1052 primarily to enable or facilitate one or more of the following to function:
1053 (i) telecommunications switching or routing equipment, machinery, or software; or
1054 (ii) telecommunications transmission equipment, machinery, or software.
1055 (b) The following apply to Subsection (95)(a):
1056 (i) a pole;
1057 (ii) software;
1058 (iii) a supplementary power supply;
1059 (iv) temperature or environmental equipment or machinery;
1060 (v) test equipment;
1061 (vi) a tower; or
1062 (vii) equipment, machinery, or software that functions similarly to an item listed in
1063 Subsections (95)(b)(i) through (vi) as determined by the commission by rule made in
1064 accordance with Subsection (95)(c).
1065 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the

1066 commission may by rule define what constitutes equipment, machinery, or software that
1067 functions similarly to an item listed in Subsections (95)(b)(i) through (vi).
1068 (96) "Telecommunications equipment, machinery, or software required for 911
1069 service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
1070 Sec. 20.18.
1071 (97) "Telecommunications maintenance or repair equipment, machinery, or software"
1072 means equipment, machinery, or software purchased or leased primarily to maintain or repair
1073 one or more of the following, regardless of whether the equipment, machinery, or software is
1074 purchased or leased as a spare part or as an upgrade or modification to one or more of the
1075 following:
1076 (a) telecommunications enabling or facilitating equipment, machinery, or software;
1077 (b) telecommunications switching or routing equipment, machinery, or software; or
1078 (c) telecommunications transmission equipment, machinery, or software.
1079 (98) (a) "Telecommunications switching or routing equipment, machinery, or software"
1080 means an item listed in Subsection (98)(b) if that item is purchased or leased primarily for
1081 switching or routing:
1082 (i) voice communications;
1083 (ii) data communications; or
1084 (iii) telephone service.
1085 (b) The following apply to Subsection (98)(a):
1086 (i) a bridge;
1087 (ii) a computer;
1088 (iii) a cross connect;
1089 (iv) a modem;
1090 (v) a multiplexer;
1091 (vi) plug in circuitry;
1092 (vii) a router;
1093 (viii) software;

1094 (ix) a switch; or
1095 (x) equipment, machinery, or software that functions similarly to an item listed in
1096 Subsections (98)(b)(i) through (ix) as determined by the commission by rule made in
1097 accordance with Subsection (98)(c).
1098 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1099 commission may by rule define what constitutes equipment, machinery, or software that
1100 functions similarly to an item listed in Subsections (98)(b)(i) through (ix).
1101 (99) (a) "Telecommunications transmission equipment, machinery, or software" means
1102 an item listed in Subsection (99)(b) if that item is purchased or leased primarily for sending,
1103 receiving, or transporting:
1104 (i) voice communications;
1105 (ii) data communications; or
1106 (iii) telephone service.
1107 (b) The following apply to Subsection (99)(a):
1108 (i) an amplifier;
1109 (ii) a cable;
1110 (iii) a closure;
1111 (iv) a conduit;
1112 (v) a controller;
1113 (vi) a duplexer;
1114 (vii) a filter;
1115 (viii) an input device;
1116 (ix) an input/output device;
1117 (x) an insulator;
1118 (xi) microwave machinery or equipment;
1119 (xii) an oscillator;
1120 (xiii) an output device;
1121 (xiv) a pedestal;

1122 (xv) a power converter;
1123 (xvi) a power supply;
1124 (xvii) a radio channel;
1125 (xviii) a radio receiver;
1126 (xix) a radio transmitter;
1127 (xx) a repeater;
1128 (xxi) software;
1129 (xxii) a terminal;
1130 (xxiii) a timing unit;
1131 (xxiv) a transformer;
1132 (xxv) a wire; or
1133 (xxvi) equipment, machinery, or software that functions similarly to an item listed in
1134 Subsections (99)(b)(i) through (xxv) as determined by the commission by rule made in
1135 accordance with Subsection (99)(c).
1136 (c) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1137 commission may by rule define what constitutes equipment, machinery, or software that
1138 functions similarly to an item listed in Subsections (99)(b)(i) through (xxv).
1139 (100) (a) "Telephone service" means a two-way transmission:
1140 (i) by:
1141 (A) wire;
1142 (B) radio;
1143 (C) lightwave; or
1144 (D) other electromagnetic means; and
1145 (ii) of one or more of the following:
1146 (A) a sign;
1147 (B) a signal;
1148 (C) writing;
1149 (D) an image;

1150 (E) sound;
1151 (F) a message;
1152 (G) data; or
1153 (H) other information of any nature.
1154 (b) "Telephone service" includes:
1155 (i) mobile telecommunications service;
1156 (ii) private communications service; or
1157 (iii) automated digital telephone answering service.
1158 (c) "Telephone service" does not include a service or a transaction that a state or a
1159 political subdivision of a state is prohibited from taxing as of July 1, 2001, under the Internet
1160 Tax Freedom Act, Pub. L. No. 105-277.
1161 (101) Notwithstanding where a call is billed or paid, "telephone service address"
1162 means:
1163 (a) if the location described in this Subsection (101)(a) is known, the location of the
1164 telephone service equipment:
1165 (i) to which a call is charged; and
1166 (ii) from which the call originates or terminates;
1167 (b) if the location described in Subsection (101)(a) is not known but the location
1168 described in this Subsection (101)(b) is known, the location of the origination point of the
1169 signal of the telephone service first identified by:
1170 (i) the telecommunications system of the seller; or
1171 (ii) if the system used to transport the signal is not that of the seller, information
1172 received by the seller from its service provider; or
1173 (c) if the locations described in Subsection (101)(a) or (b) are not known, the location
1174 of a purchaser's primary place of use.
1175 (102) (a) "Telephone service provider" means a person that:
1176 (i) owns, controls, operates, or manages a telephone service; and
1177 (ii) engages in an activity described in Subsection (102)(a)(i) for the shared use with or

1178 resale to any person of the telephone service.
1179 (b) A person described in Subsection (102)(a) is a telephone service provider whether
1180 or not the Public Service Commission of Utah regulates:
1181 (i) that person; or
1182 (ii) the telephone service that the person owns, controls, operates, or manages.
1183 (103) "Tobacco" means:
1184 (a) a cigarette;
1185 (b) a cigar;
1186 (c) chewing tobacco;
1187 (d) pipe tobacco; or
1188 (e) any other item that contains tobacco.
1189 (104) "Unassisted amusement device" means an amusement device, skill device, or
1190 ride device that is started and stopped by the purchaser or renter of the right to use or operate
1191 the amusement device, skill device, or ride device.
1192 (105) (a) "Use" means the exercise of any right or power over tangible personal
1193 property under Subsection 59-12-103 (1), incident to the ownership or the leasing of that
1194 property, item, or service.
1195 (b) "Use" does not include the sale, display, demonstration, or trial of that property in
1196 the regular course of business and held for resale.
1197 (106) (a) Subject to Subsection (106)(b), "vehicle" means the following that are
1198 required to be titled, registered, or titled and registered:
1199 (i) an aircraft as defined in Section 72-10-102 ;
1200 (ii) a vehicle as defined in Section 41-1a-102 ;
1201 (iii) an off-highway vehicle as defined in Section 41-22-2 ; or
1202 (iv) a vessel as defined in Section 41-1a-102 .
1203 (b) For purposes of Subsection 59-12-104 (33) only, "vehicle" includes:
1204 (i) a vehicle described in Subsection (106)(a); or
1205 (ii) (A) a locomotive;

1206 (B) a freight car;
1207 (C) railroad work equipment; or
1208 (D) other railroad rolling stock.
1209 (107) "Vehicle dealer" means a person engaged in the business of buying, selling, or
1210 exchanging a vehicle as defined in Subsection (106).
1211 (108) (a) Except as provided in Subsection (108)(b), "waste energy facility" means a
1212 facility that generates electricity:
1213 (i) using as the primary source of energy waste materials that would be placed in a
1214 landfill or refuse pit if it were not used to generate electricity, including:
1215 (A) tires;
1216 (B) waste coal; or
1217 (C) oil shale; and
1218 (ii) in amounts greater than actually required for the operation of the facility.
1219 (b) "Waste energy facility" does not include a facility that incinerates:
1220 (i) municipal solid waste;
1221 (ii) hospital waste as defined in 40 C.F.R. 60.51c; or
1222 (iii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
1223 (109) "Watercraft" means a vessel as defined in Section 73-18-2 .
1224 (110) "Wind energy" means wind used as the sole source of energy to produce
1225 electricity.
1226 (111) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
1227 location by the United States Postal Service.
1228 Section 4. Section 59-12-103 is amended to read:
1229 59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
1230 tax revenues.
1231 (1) A tax is imposed on the purchaser as provided in this part for amounts paid or
1232 charged for the following transactions:
1233 (a) retail sales of tangible personal property made within the state;

1234 (b) amounts paid:
1235 (i) (A) to a common carrier; or
1236 (B) whether the following are municipally or privately owned, to a:
1237 (I) telephone service provider; or
1238 (II) telegraph corporation as defined in Section 54-2-1 ; and
1239 (ii) for:
1240 (A) telephone service, other than mobile telecommunications service, that originates
1241 and terminates within the boundaries of this state;
1242 (B) mobile telecommunications service that originates and terminates within the
1243 boundaries of one state only to the extent permitted by the Mobile Telecommunications
1244 Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1245 (C) telegraph service;
1246 (c) sales of the following for commercial use:
1247 (i) gas;
1248 (ii) electricity;
1249 (iii) heat;
1250 (iv) coal;
1251 (v) fuel oil; or
1252 (vi) other fuels;
1253 (d) sales of the following for residential use:
1254 (i) gas;
1255 (ii) electricity;
1256 (iii) heat;
1257 (iv) coal;
1258 (v) fuel oil; or
1259 (vi) other fuels;
1260 (e) sales of prepared food;
1261 (f) except as provided in Section 59-12-104 , amounts paid or charged as admission or

1262 user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
1263 exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
1264 fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
1265 television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
1266 driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
1267 tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
1268 horseback rides, sports activities, or any other amusement, entertainment, recreation,
1269 exhibition, cultural, or athletic activity;
1270 (g) amounts paid or charged for services for repairs or renovations of tangible personal
1271 property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
1272 (i) the tangible personal property; and
1273 (ii) parts used in the repairs or renovations of the tangible personal property described
1274 in Subsection (1)(g)(i), whether or not any parts are actually used in the repairs or renovations
1275 of that tangible personal property;
1276 (h) except as provided in Subsection 59-12-104 (7), amounts paid or charged for
1277 assisted cleaning or washing of tangible personal property;
1278 (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
1279 accommodations and services that are regularly rented for less than 30 consecutive days;
1280 (j) amounts paid or charged for laundry or dry cleaning services;
1281 (k) amounts paid or charged for leases or rentals of tangible personal property if within
1282 this state the tangible personal property is:
1283 (i) stored;
1284 (ii) used; or
1285 (iii) otherwise consumed;
1286 (l) amounts paid or charged for tangible personal property if within this state the
1287 tangible personal property is:
1288 (i) stored;
1289 (ii) used; or

1290 (iii) consumed; and
1291 (m) amounts paid or charged for prepaid telephone calling cards.
1292 (2) (a) Except as provided in [Subsection] Subsections (2)(b) [or (f),] through (e), a
1293 state tax and a local tax is imposed on a transaction described in Subsection (1) equal to the
1294 sum of:
1295 (i) a state tax imposed on the transaction at a tax rate of 4.75%; and
1296 (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1297 transaction under this chapter other than this part.
1298 (b) [(i) A] Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is
1299 imposed on a transaction described in Subsection (1)(d) equal to the sum of:
1300 [(A)] (i) a state tax imposed on the transaction at a tax rate of 2%; and
1301 [(B)] (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on
1302 the transaction under this chapter other than this part[; or].
1303 (c) Except as provided in Subsection (2)(d) or (e), beginning on January 1, 2007, a
1304 state tax and a local tax is imposed on amounts paid or charged for food and food ingredients
1305 equal to the sum of:
1306 (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
1307 a tax rate of 2.75%; and
1308 (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1309 amounts paid or charged for food and food ingredients under this chapter other than this part.
1310 [(ii) if] (d) Except as provided in Subsection (2)(e), if a seller collects a tax in
1311 accordance with Subsection 59-12-107 (1)(b) on a transaction described in Subsection (1), a
1312 state tax and a local tax is imposed on the transaction equal to the sum of:
1313 [(A)] (i) a state tax imposed on the transaction at a tax rate of:
1314 [(I)] (A) 4.75% for a transaction other than a transaction described in Subsection
1315 [(1)(d)] (2)(d)(i)(B) or (2)(d)(i)(C); [or]
1316 [(II)] (B) 2% for a transaction described in Subsection (1)(d); [and] or
1317 (C) beginning on January 1, 2007, 2.75% on the amounts paid or charged for food and

1318 food ingredients; and
1319 [(B)] (ii) a local tax imposed on the transaction at a tax rate equal to the sum of the
1320 following tax rates:
1321 [(I)] (A) the tax rate authorized by Section 59-12-204 , but only if all of the counties,
1322 cities, and towns in the state impose the tax [under] authorized by Section 59-12-204 ; and
1323 [(II)] (B) the tax rate authorized by Section 59-12-1102 , but only if all of the counties
1324 in the state impose the tax [under] authorized by Section 59-12-1102 .
1325 [(iii) Except as provided in Subsection (2)(f), beginning on January 1, 2007, a state tax
1326 and a local tax is imposed on amounts paid or charged for food and food ingredients equal to
1327 the sum of:]
1328 [(A) a state tax imposed on the amounts paid or charged for food and food ingredients
1329 at a rate of 2.75%; and]
1330 [(B) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1331 amounts paid or charged for food and food ingredients under this chapter other than this part.]
1332 (e) (i) A state tax and a local tax is imposed on an entire bundled transaction as
1333 provided in this Subsection (2)(e) if the bundled transaction is attributable to food and food
1334 ingredients and tangible personal property other than food and food ingredients.
1335 (ii) If the tax on a bundled transaction described in Subsection (2)(e)(i) is collected by a
1336 seller other than a seller that collects a tax in accordance with Subsection 59-12-107 (1)(b),
1337 beginning on January 1, 2007, a state tax and a local tax is imposed on the entire bundled
1338 transaction equal to the sum of:
1339 (A) a state tax imposed on the entire bundled transaction at the tax rate described in
1340 Subsection (2)(a)(i); and
1341 (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
1342 described in Subsection (2)(a)(ii).
1343 (iii) If the tax on a bundled transaction described in Subsection (2)(e)(i) is collected by
1344 a seller in accordance with Subsection 59-12-107 (1)(b), beginning on January 1, 2007, a state
1345 tax and a local tax is imposed on the entire bundled transaction equal to the sum of:

1346 (A) a state tax imposed on the entire bundled transaction at the tax rate described in
1347 Subsection (2)(d)(i)(A); and
1348 (B) a local tax imposed on the entire bundled transaction at a tax rate equal to the sum
1349 of the following tax rates:
1350 (I) the tax rate authorized by Section 59-12-204 , but only if all of the counties, cities,
1351 and towns in the state impose the tax authorized by Section 59-12-204 ; and
1352 (II) the tax rate authorized by Section 59-12-1102 , but only if all of the counties in the
1353 state impose the tax authorized by Section 59-12-1102 .
1354 [(c)] (f) Subject to Subsections (2)[(d)](g) and [(e)] (h), a tax rate repeal or tax rate
1355 change for a tax rate imposed under the following shall take effect on the first day of a calendar
1356 quarter:
1357 (i) Subsection (2)(a)(i);
1358 (ii) Subsection (2)(b)(i)[(A)];
1359 (iii) Subsection (2)[(b)(ii)(A)](c)(i); [or]
1360 (iv) Subsection (2)[(b)(iii)(A).](d)(i);
1361 (v) Subsection (2)(e)(ii)(A); or
1362 (vi) Subsection (2)(e)(iii)(A).
1363 [(d)] (g) (i) For a transaction described in Subsection (2)[(d)](g)(iii), a tax rate increase
1364 shall take effect on the first day of the first billing period[: (A)] that begins after the effective
1365 date of the tax rate increase[; and (B)] if the billing period for the transaction begins before the
1366 effective date of a tax rate increase imposed under:
1367 [(I)] (A) Subsection (2)(a)(i);
1368 [(II)] (B) Subsection (2)(b)(i)[(A)]; [or]
1369 [(III)] (C) Subsection (2)[(b)(ii)(A).](c)(i);
1370 (D) Subsection (2)(d)(i);
1371 (E) Subsection (2)(e)(ii)(A); or
1372 (F) Subsection (2)(e)(iii)(A).
1373 (ii) For a transaction described in Subsection (2)[(d)](g)(iii), the repeal of a tax or a tax

1374 rate decrease shall take effect on the first day of the last billing period[: (A)] that began before
1375 the effective date of the repeal of the tax or the tax rate decrease[; and (B)] if the billing period
1376 for the transaction begins before the effective date of the repeal of the tax or the tax rate
1377 decrease imposed under:
1378 [(I)] (A) Subsection (2)(a)(i);
1379 [(II)] (B) Subsection (2)(b)(i)[(A)]; [or]
1380 [(III)] (C) Subsection (2)[(b)(ii)(A).](c)(i);
1381 (D) Subsection (2)(d)(i);
1382 (E) Subsection (2)(e)(ii)(A); or
1383 (F) Subsection (2)(e)(iii)(A).
1384 (iii) Subsections (2)[(d)](g)(i) and (ii) apply to transactions subject to a tax under:
1385 (A) Subsection (1)(b);
1386 (B) Subsection (1)(c);
1387 (C) Subsection (1)(d);
1388 (D) Subsection (1)(e);
1389 (E) Subsection (1)(f);
1390 (F) Subsection (1)(g);
1391 (G) Subsection (1)(h);
1392 (H) Subsection (1)(i);
1393 (I) Subsection (1)(j); or
1394 (J) Subsection (1)(k).
1395 [(e) (i) If a tax due under Subsection (2)(a)(i) or (2)(b)(ii)(A)]
1396 (h) (i) For a tax rate described in Subsection (2)(h)(ii), if a tax due on a catalogue sale
1397 is computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal
1398 or change in a tax rate [imposed under Subsection (2)(a)(i) or (2)(b)(ii)(A)] takes effect:
1399 (A) on the first day of a calendar quarter; and
1400 (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change
1401 [under Subsection (2)(a)(i) or (2)(b)(ii)(A)].

1402 (ii) Subsection (2)(h)(i) applies to the tax rates described in the following:
1403 (A) Subsection (2)(a)(i);
1404 (B) Subsection (2)(b)(i);
1405 (C) Subsection (2)(c)(i);
1406 (D) Subsection (2)(d)(i);
1407 (E) Subsection (2)(e)(ii)(A); or
1408 (F) Subsection (2)(e)(iii)(A).
1409 [(ii)] (iii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
1410 Act, the commission may by rule define the term "catalogue sale."
1411 [(f) If the price of a bundled transaction is attributable to food and food ingredients and
1412 tangible personal property other than food and food ingredients, the tax imposed on the entire
1413 bundled transaction is the sum of the tax rates described in Subsection (2)(a).]
1414 (3) (a) Except as provided in Subsections (4) through (9), the following state taxes
1415 shall be deposited into the General Fund:
1416 (i) the tax imposed by Subsection (2)(a)(i);
1417 (ii) the tax imposed by Subsection (2)(b)(i)[(A)];
1418 (iii) the tax imposed by Subsection (2)[(b)(ii)(A)](c)(i); [or]
1419 (iv) the tax imposed by Subsection (2)[(b)(iii)(A).] (d)(i);
1420 (v) the tax imposed by Subsection (2)(e)(ii)(A); and
1421 (vi) the tax imposed by Subsection (2)(e)(iii)(A).
1422 (b) The following local taxes [described in Subsections (2)(a)(ii), (2)(b)(i)(B), and
1423 (2)(b)(iii)(B)] shall be distributed to a county, city, or town as provided in this chapter[.]:
1424 (i) the tax imposed by Subsection (2)(a)(ii);
1425 (ii) the tax imposed by Subsection (2)(b)(ii);
1426 (iii) the tax imposed by Subsection (2)(c)(ii); and
1427 (iv) the tax imposed by Subsection (2)(e)(ii)(B).
1428 (c) (i) Notwithstanding any provision of this chapter, each county, city, or town in the
1429 state shall receive the county's, city's, or town's proportionate share of the revenues generated

1430 by the following local [tax described in Subsection (2)(b)(ii)(B)] taxes as provided in
1431 Subsection (3)(c)(ii)[.]:
1432 (A) the local tax described in Subsection (2)(d)(ii); and
1433 (B) the local tax described in Subsection (2)(e)(iii)(B).
1434 (ii) [The] For revenues generated by a tax described in Subsection (3)(c)(i), the
1435 commission shall determine a county's, city's, or town's proportionate share of the revenues
1436 [under Subsection (3)(c)(i)] by:
1437 (A) calculating an amount equal to the population of the unincorporated area of the
1438 county, city, or town divided by the total population of the state; and
1439 (B) multiplying the amount determined under Subsection (3)(c)(ii)(A) by the total
1440 amount of revenues generated by the [local tax under Subsection (2)(b)(ii)(B)] taxes described
1441 in Subsection (3)(c)(i) for all counties, cities, and towns.
1442 (iii) (A) Except as provided in Subsection (3)(c)(iii)(B), population figures for
1443 purposes of this section shall be derived from the most recent official census or census estimate
1444 of the United States Census Bureau.
1445 (B) If a needed population estimate is not available from the United States Census
1446 Bureau, population figures shall be derived from the estimate from the Utah Population
1447 Estimates Committee created by executive order of the governor.
1448 (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1449 2003, the lesser of the following amounts shall be used as provided in Subsections (4)(b)
1450 through (g):
1451 (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1452 (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1453 (B) for the fiscal year; or
1454 (ii) $17,500,000.
1455 (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
1456 described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
1457 Department of Natural Resources to:

1458 (A) implement the measures described in Subsections 63-34-14 (4)(a) through (d) to
1459 protect sensitive plant and animal species; or
1460 (B) award grants, up to the amount authorized by the Legislature in an appropriations
1461 act, to political subdivisions of the state to implement the measures described in Subsections
1462 63-34-14 (4)(a) through (d) to protect sensitive plant and animal species.
1463 (ii) Money transferred to the Department of Natural Resources under Subsection
1464 (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
1465 person to list or attempt to have listed a species as threatened or endangered under the
1466 Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
1467 (iii) At the end of each fiscal year:
1468 (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
1469 Conservation and Development Fund created in Section 73-10-24 ;
1470 (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
1471 Program Subaccount created in Section 73-10c-5 ; and
1472 (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
1473 Program Subaccount created in Section 73-10c-5 .
1474 (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1475 Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
1476 created in Section 4-18-6 .
1477 (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
1478 in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
1479 Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
1480 water rights.
1481 (ii) At the end of each fiscal year:
1482 (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
1483 Conservation and Development Fund created in Section 73-10-24 ;
1484 (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
1485 Program Subaccount created in Section 73-10c-5 ; and

1486 (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
1487 Program Subaccount created in Section 73-10c-5 .
1488 (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
1489 in Subsection (4)(a) shall be deposited in the Water Resources Conservation and Development
1490 Fund created in Section 73-10-24 for use by the Division of Water Resources.
1491 (ii) In addition to the uses allowed of the Water Resources Conservation and
1492 Development Fund under Section 73-10-24 , the Water Resources Conservation and
1493 Development Fund may also be used to:
1494 (A) conduct hydrologic and geotechnical investigations by the Division of Water
1495 Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
1496 quantifying surface and ground water resources and describing the hydrologic systems of an
1497 area in sufficient detail so as to enable local and state resource managers to plan for and
1498 accommodate growth in water use without jeopardizing the resource;
1499 (B) fund state required dam safety improvements; and
1500 (C) protect the state's interest in interstate water compact allocations, including the
1501 hiring of technical and legal staff.
1502 (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1503 in Subsection (4)(a) shall be deposited in the Utah Wastewater Loan Program Subaccount
1504 created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
1505 (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1506 in Subsection (4)(a) shall be deposited in the Drinking Water Loan Program Subaccount
1507 created in Section 73-10c-5 for use by the Division of Drinking Water to:
1508 (i) provide for the installation and repair of collection, treatment, storage, and
1509 distribution facilities for any public water system, as defined in Section 19-4-102 ;
1510 (ii) develop underground sources of water, including springs and wells; and
1511 (iii) develop surface water sources.
1512 (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1513 2006, the difference between the following amounts shall be expended as provided in this

1514 Subsection (5), if that difference is greater than $1:
1515 (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
1516 fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
1517 (ii) $17,500,000.
1518 (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
1519 (A) transferred each fiscal year to the Department of Natural Resources as dedicated
1520 credits; and
1521 (B) expended by the Department of Natural Resources for watershed rehabilitation or
1522 restoration.
1523 (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
1524 in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
1525 created in Section 73-10-24 .
1526 (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
1527 remaining difference described in Subsection (5)(a) shall be:
1528 (A) transferred each fiscal year to the Division of Water Resources as dedicated
1529 credits; and
1530 (B) expended by the Division of Water Resources for cloud-seeding projects
1531 authorized by Title 73, Chapter 15, Modification of Weather.
1532 (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
1533 in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
1534 created in Section 73-10-24 .
1535 (d) After making the transfers required by Subsections (5)(b) and (c), 94% of the
1536 remaining difference described in Subsection (5)(a) shall be deposited into the Water
1537 Resources Conservation and Development Fund created in Section 73-10-24 for use by the
1538 Division of Water Resources for:
1539 (i) preconstruction costs:
1540 (A) as defined in Subsection 73-26-103 (6) for projects authorized by Title 73, Chapter
1541 26, Bear River Development Act; and

1542 (B) as defined in Subsection 73-28-103 (8) for the Lake Powell Pipeline project
1543 authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
1544 (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
1545 Chapter 26, Bear River Development Act;
1546 (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
1547 authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
1548 (iv) other uses authorized under Sections 73-10-24 , 73-10-25.1 , 73-10-30 , and
1549 Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
1550 (e) Any unexpended monies described in Subsection (5)(d) that remain in the Water
1551 Resources Conservation and Development Fund at the end of the fiscal year are nonlapsing.
1552 (f) After making the transfers required by Subsections (5)(b) and (c) and subject to
1553 Subsection (5)(g), 6% of the remaining difference described in Subsection (5)(a) shall be
1554 transferred each year as dedicated credits to the Division of Water Rights to cover the costs
1555 incurred for employing additional technical staff for the administration of water rights.
1556 (g) At the end of each fiscal year, any unexpended dedicated credits described in
1557 Subsection (5)(f) over $150,000 lapse to the Water Resources Conservation and Development
1558 Fund created in Section 73-10-24 .
1559 (6) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1560 2003, the lesser of the following amounts shall be used as provided in Subsections (6)(b)
1561 through (d):
1562 (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1563 (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1564 (B) for the fiscal year; or
1565 (ii) $18,743,000.
1566 (b) (i) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described
1567 in Subsection (6)(a) shall be deposited each year in the Transportation Corridor Preservation
1568 Revolving Loan Fund created in Section 72-2-117 .
1569 (ii) At least 50% of the money deposited in the Transportation Corridor Preservation

1570 Revolving Loan Fund under Subsection (6)(b)(i) shall be used to fund loan applications made
1571 by the Department of Transportation at the request of local governments.
1572 (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1573 Subsection (6)(a) shall be transferred each year as nonlapsing dedicated credits to the
1574 Department of Transportation for the State Park Access Highways Improvement Program
1575 created in Section 72-3-207 .
1576 (d) For a fiscal year beginning on or after July 1, 2003, 94% of the amount described in
1577 Subsection (6)(a) shall be deposited in the class B and class C roads account to be expended as
1578 provided in Title 72, Chapter 2, Transportation Finances Act, for the use of class B and C
1579 roads.
1580 (7) (a) Notwithstanding Subsection (3)(a) and until Subsection (7)(b) applies,
1581 beginning on January 1, 2000, the Division of Finance shall deposit into the Centennial
1582 Highway Fund Restricted Account created in Section 72-2-118 a portion of the taxes listed
1583 under Subsection (3)(a) equal to the revenues generated by a 1/64% tax rate on the taxable
1584 transactions under Subsection (1).
1585 (b) Notwithstanding Subsection (3)(a), when the highway general obligation bonds
1586 have been paid off and the highway projects completed that are intended to be paid from
1587 revenues deposited in the Centennial Highway Fund Restricted Account as determined by the
1588 Executive Appropriations Committee under Subsection 72-2-118 (6)(d), the Division of
1589 Finance shall deposit into the Transportation Investment Fund of 2005 created by Section
1590 72-2-124 a portion of the taxes listed under Subsection (3)(a) equal to the revenues generated
1591 by a 1/64% tax rate on the taxable transactions under Subsection (1).
1592 (8) (a) Notwithstanding Subsection (3)(a), for fiscal years beginning on or after fiscal
1593 year 2004-05, the commission shall each year on or before the September 30 immediately
1594 following the last day of the fiscal year deposit the difference described in Subsection (8)(b)
1595