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Fifth Substitute H.B. 366

Senator Leonard M. Blackham proposes to substitute the following bill:


             1     
SALES AND USE TAX DIVERSIONS

             2     
1999 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: David Ure

             5      AN ACT RELATING TO THE SALES AND USE TAX ACT, THE UTAH SPORTS
             6      AUTHORITY ACT, AND PUBLIC TRANSIT DISTRICTS; BEGINNING ON JULY 1, 1999,
             7      TERMINATING THE REQUIREMENT THAT CERTAIN REVENUES GENERATED UNDER
             8      THE LOCAL SALES AND USE TAX ACT BE DEPOSITED INTO THE OLYMPICS SPECIAL
             9      REVENUE FUND; BEGINNING ON JULY 1, 1999, REQUIRING CERTAIN REVENUES
             10      GENERATED UNDER THE LOCAL SALES AND USE TAX ACT TO BE DEPOSITED INTO
             11      THE AIRPORT TO UNIVERSITY OF UTAH LIGHT RAIL RESTRICTED ACCOUNT;
             12      CREATING THE AIRPORT TO UNIVERSITY OF UTAH LIGHT RAIL RESTRICTED
             13      ACCOUNT; BEGINNING ON JULY 1, 1999, PROVIDING THAT CERTAIN REVENUES
             14      GENERATED UNDER THE LOCAL SALES AND USE TAX ACT BE RETAINED BY
             15      COUNTIES, CITIES, OR TOWNS; BEGINNING ON AUGUST 30, 1999, REQUIRING
             16      CERTAIN SALES AND USE TAX REVENUES IN THE OLYMPIC SPECIAL REVENUE
             17      FUND AND INTEREST ON THOSE REVENUES TO BE DISTRIBUTED TO COUNTIES AND
             18      MUNICIPALITIES; AND MAKING TECHNICAL CHANGES.
             19      This act affects sections of Utah Code Annotated 1953 as follows:
             20      AMENDS:
             21          59-12-103, as last amended by Chapters 12, 202, 210, 270, 291 and 318, Laws of Utah
             22      1998
             23          59-12-204, as last amended by Chapter 261, Laws of Utah 1997
             24          59-12-205, as last amended by Chapter 261, Laws of Utah 1997
             25          63A-7-113, as enacted by Chapter 202, Laws of Utah 1998


             26      ENACTS:
             27          17A-2-1064, Utah Code Annotated 1953
             28      Be it enacted by the Legislature of the state of Utah:
             29          Section 1. Section 17A-2-1064 is enacted to read:
             30          17A-2-1064. Airport to University of Utah Light Rail Restricted Account -- Creation
             31      -- Use of revenues.
             32          (1) There is created within the General Fund a restricted account known as the "Airport
             33      to University of Utah Light Rail Restricted Account."
             34          (2) The account shall be funded from the portion of the sales and use tax under Sections
             35      59-12-204 and 59-12-205 that is:
             36          (a) generated by a city or town that will have constructed within its boundaries the Airport
             37      to University of Utah Light Rail described in the Transportation Equity Act for the 21st Century,
             38      Pub. L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107; and
             39          (b) equal to the revenues generated by a 1/64% tax rate on the taxable items and services
             40      under Subsection 59-12-103 (1).
             41          (3) The Utah State Tax Commission shall deposit the revenues described in Subsection
             42      (2) into the account.
             43          (4) The account shall earn interest which shall be deposited into the account.
             44          (5) (a) A district may use the revenues in the account for a purpose described in Subsection
             45      (5)(b) if:
             46          (i) more than 200,000 people reside within the district boundaries; and
             47          (ii) the district receives a grant or a loan under 49 U.S.C. Sec. 5309:
             48          (A) for the Airport to University of Utah Light Rail project described in the Transportation
             49      Equity Act for the 21st Century, Pub. L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107;
             50      and
             51          (B) before the construction of the Airport to University of Utah Light Rail project
             52      described in Subsection (5)(a)(ii)(A) is completed.
             53          (b) Subsection (5)(a) applies to:
             54          (i) maintaining the Airport to University of Utah Light Rail described in Subsection
             55      (5)(a)(ii)(A); or
             56          (ii) operating the Airport to University of Utah Light Rail described in Subsection


             57      (5)(a)(ii)(A).
             58          Section 2. Section 59-12-103 is amended to read:
             59           59-12-103. Sales and use tax base -- Rate -- Use of sales and use tax revenues.
             60          (1) There is levied a tax on the purchaser for the amount paid or charged for the following:
             61          (a) retail sales of tangible personal property made within the state;
             62          (b) amount paid to common carriers or to telephone or telegraph corporations, whether the
             63      corporations are municipally or privately owned, for:
             64          (i) all transportation;
             65          (ii) intrastate telephone service; or
             66          (iii) telegraph service;
             67          (c) gas, electricity, heat, coal, fuel oil, or other fuels sold for commercial use;
             68          (d) gas, electricity, heat, coal, fuel oil, or other fuels sold for residential use;
             69          (e) meals sold;
             70          (f) admission or user fees for theaters, movies, operas, museums, planetariums, shows of
             71      any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses,
             72      menageries, fairs, races, contests, sporting events, dances, boxing and wrestling matches, closed
             73      circuit television broadcasts, billiard or pool parlors, bowling lanes, golf and miniature golf, golf
             74      driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails, tennis
             75      courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises, horseback
             76      rides, sports activities, or any other amusement, entertainment, recreation, exhibition, cultural, or
             77      athletic activity;
             78          (g) services for repairs or renovations of tangible personal property or services to install
             79      tangible personal property in connection with other tangible personal property;
             80          (h) except as provided in Subsection 59-12-104 (7), cleaning or washing of tangible
             81      personal property;
             82          (i) tourist home, hotel, motel, or trailer court accommodations and services for less than
             83      30 consecutive days;
             84          (j) laundry and dry cleaning services;
             85          (k) leases and rentals of tangible personal property if the property situs is in this state, if
             86      the lessee took possession in this state, or if the property is stored, used, or otherwise consumed
             87      in this state;


             88          (l) tangible personal property stored, used, or consumed in this state; and
             89          (m) prepaid telephone calling cards.
             90          (2) Except for Subsection (1)(d), the rates of the tax levied under Subsection (1) shall be:
             91          (a) 5% through June 30, 1994;
             92          (b) 4.875% beginning on July 1, 1994 through June 30, 1997; and
             93          (c) 4.75% beginning on July 1, 1997.
             94          (3) The rates of the tax levied under Subsection (1)(d) shall be 2% from and after January
             95      1, 1990.
             96          (4) (a) [From January 1, 1990, through December 31, 1999, there] There shall be deposited
             97      in an Olympics special revenue fund or funds as determined by the Division of Finance under
             98      Section 51-5-4 , for the use of the Utah Sports Authority created under Title 63A, Chapter 7, Utah
             99      Sports Authority Act:
             100          (i) from January 1, 1990, through December 31, 1999, the amount of sales and use tax
             101      generated by a 1/64% tax rate on the taxable items and services under Subsection (1);
             102          (ii) from January 1, 1990, through June 30, 1999, the amount of revenue generated by a
             103      1/64% tax rate under Section 59-12-204 or Section 59-12-205 on the taxable items and services
             104      under Subsection (1); and
             105          (iii) interest earned on the amounts under Subsections (4)(a)(i) and (ii).
             106          (b) These funds shall be used:
             107          (i) by the Utah Sports Authority as follows:
             108          (A) to the extent funds are available, to transfer directly to a debt service fund or to
             109      otherwise reimburse to the state any amount expended on debt service or any other cost of any
             110      bonds issued by the state to construct any public sports facility as defined in Section 63A-7-103 ;
             111          (B) to pay for the actual and necessary operating, administrative, legal, and other expenses
             112      of the Utah Sports Authority, but not including protocol expenses for seeking and obtaining the
             113      right to host the Winter Olympic Games; and
             114          (C) unless the Legislature appropriates additional funds from the Olympics Special
             115      Revenue Fund to the Utah Sports Authority, the Utah Sports Authority may not expend, loan, or
             116      pledge in the aggregate more than:
             117          (I) $59,000,000 of sales and use tax deposited into the Olympics special revenue fund
             118      under Subsection (4)(a);


             119          (II) the interest earned on the amount described in Subsection (4)(b)(i)(C)(I); and
             120          (III) the revenues deposited into the Olympics Special Revenue Fund that are not sales and
             121      use taxes deposited under Subsection (4)(a) or interest on the sales and use taxes;
             122          (ii) to pay salary, benefits, or administrative costs associated with the State Olympic
             123      Officer under Subsection 63A-10-103 (3), except that the salary, benefits, or administrative costs
             124      may not be paid from the sales and tax revenues generated by municipalities or counties and
             125      deposited under Subsection (4)(a)(ii).
             126          (c) A payment of salary, benefits, or administrative costs under Subsection 63A-10-103 (3)
             127      is not considered an expenditure of the Utah Sports Authority.
             128          (d) If the Legislature appropriates additional funds under Subsection (4)(b)(i)(C), the
             129      authority may not expend, loan, pledge, or enter into any agreement to expend, loan, or pledge the
             130      appropriated funds unless the authority:
             131          (i) contracts in writing for the full reimbursement of the monies to the Olympics special
             132      revenue fund by a public sports entity or other person benefitting from the expenditure; and
             133          (ii) obtains a security interest that secures payment or performance of the obligation to
             134      reimburse.
             135          (e) A contract or agreement entered into in violation of Subsection (4)(d) is void.
             136          (5) (a) From July 1, 1997, the annual amount of sales and use tax generated by a 1/8% tax
             137      rate on the taxable items and services under Subsection (1) shall be used as follows:
             138          (i) 50% shall be used for water and wastewater projects as provided in Subsections (5)(b)
             139      through (f); and
             140          (ii) 50% shall be used for transportation projects as provided in Subsections (5)(g) through
             141      (h).
             142          (b) Five hundred thousand dollars each year shall be transferred to the Agriculture
             143      Resource Development Fund created in Section 4-18-6 .
             144          (c) Fifty percent of the remaining amount generated by 50% of the 1/8% tax rate shall be
             145      transferred to the Water Resources Conservation and Development Fund created in Section
             146      73-10-24 for use by the Division of Water Resources. In addition to the uses allowed of the fund
             147      under Section 73-10-24 , the fund may also be used to:
             148          (i) provide a portion of the local cost share, not to exceed in any fiscal year 50% of the
             149      funds made available to the Division of Water Resources under this section, of potential project


             150      features of the Central Utah Project;
             151          (ii) conduct hydrologic and geotechnical investigations by the Department of Natural
             152      Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
             153      quantifying surface and ground water resources and describing the hydrologic systems of an area
             154      in sufficient detail so as to enable local and state resource managers to plan for and accommodate
             155      growth in water use without jeopardizing the resource;
             156          (iii) fund state required dam safety improvements; and
             157          (iv) protect the state's interest in interstate water compact allocations, including the hiring
             158      of technical and legal staff.
             159          (d) Twenty-five percent of the remaining amount generated by 50% of the 1/8% tax rate
             160      shall be transferred to the Utah Wastewater Loan Program subaccount created in Section 73-10c-5
             161      for use by the Water Quality Board to fund wastewater projects as defined in Section 73-10b-2 .
             162          (e) Twenty-five percent of the remaining amount generated by 50% of the 1/8% tax rate
             163      shall be transferred to the Drinking Water Loan Program subaccount created in Section 73-10c-5
             164      for use by the Division of Drinking Water to:
             165          (i) provide for the installation and repair of collection, treatment, storage, and distribution
             166      facilities for any public water system, as defined in Section 19-4-102 ;
             167          (ii) develop underground sources of water, including springs and wells; and
             168          (iii) develop surface water sources.
             169          (f) Notwithstanding Subsections (5)(b), (c), (d), and (e), $100,000 of the remaining amount
             170      generated by 50% of the 1/8% tax rate each year shall be transferred as dedicated credits to the
             171      Division of Water Rights to cover the costs incurred in hiring legal and other technical staff for the
             172      adjudication of water rights. Any remaining balance at the end of each fiscal year shall lapse back
             173      to the contributing funds on a prorated basis.
             174          (g) Fifty percent of the 1/8% tax rate shall be transferred to the class B and class C roads
             175      account to be expended as provided in Title 72, Chapter 2, Transportation Finances Act, for the
             176      use of class B and C road funds except as provided in Subsection (5)(h).
             177          (h) (i) If H.B. 53, "Transportation Corridor Preservation," passes in the 1996 General
             178      Session, $500,000 each year shall be transferred to the Transportation Corridor Preservation
             179      Revolving Loan Fund, and if H.B. 121, "State Park Access Roads," passes in the 1996 General
             180      Session, from July 1, 1997, through June 30, 2006, $500,000 shall be transferred to the Department


             181      of Transportation for the State Park Access Highways Improvement Program. The remaining
             182      amount generated by 50% of the 1/8% tax rate shall be transferred to the class B and class C roads
             183      account.
             184          (ii) At least 50% of the money transferred to the Transportation Corridor Preservation
             185      Revolving Loan Fund under Subsection (5)(h)(i) shall be used to fund loan applications made by
             186      the Department of Transportation at the request of local governments.
             187          (6) (a) Beginning on January 1, 2000, the Division of Finance shall deposit into the
             188      Centennial Highway Fund created in Section 72-2-118 a portion of the state sales and use tax
             189      under Subsections (2) and (3) equal to the revenues generated by a 1/64% tax rate on the taxable
             190      items and services under Subsection (1).
             191          (b) [Beginning] Except for sales and use taxes deposited under Subsection (7), beginning
             192      on [January] July 1, [2000] 1999, the revenues generated by the 1/64% tax rate:
             193          (i) retained under Subsection 59-12-204 (7)(a) shall be retained by the counties, cities, or
             194      towns as provided in Section 59-12-204 ; and
             195          (ii) retained under Subsection 59-12-205 (4)(a) shall be distributed to each county, city, and
             196      town as provided in Section 59-12-205 .
             197          (7) Beginning on July 1, 1999, the commission shall deposit into the Airport to University
             198      of Utah Light Rail Restricted Account created in Section 17A-2-1064 the portion of the sales and
             199      use tax under Sections 59-12-204 and 59-12-205 that is:
             200          (a) generated by a city or town that will have constructed within its boundaries the Airport
             201      to University of Utah Light Rail described in the Transportation Equity Act for the 21st Century,
             202      Pub. L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107; and
             203          (b) equal to the revenues generated by a 1/64% tax rate on the taxable items and services
             204      under Subsection (1).
             205          Section 3. Section 59-12-204 is amended to read:
             206           59-12-204. Sales and use tax ordinance provisions -- Tax rate -- Distribution of tax
             207      revenues.
             208          (1) The tax ordinance adopted pursuant to this part shall impose a tax upon those items
             209      listed in Section 59-12-103 .
             210          (2) Except as provided in Subsection 59-12-205 (2), such tax ordinance shall include a
             211      provision imposing a tax upon every retail sale of items listed in Section 59-12-103 made within


             212      a county, including areas contained within the cities and towns thereof at the rate of 3/4% or any
             213      fractional part of such 3/4% of the purchase price paid or charged.
             214          (3) Such tax ordinance shall include provisions substantially the same as those contained
             215      in Part 1, Tax Collection, insofar as they relate to sales or use tax, except that the name of the
             216      county as the taxing agency shall be substituted for that of the state where necessary for the
             217      purpose of this part and that an additional license is not required if one has been or is issued under
             218      Section 59-12-106 .
             219          (4) Such tax ordinance shall include a provision that the county shall contract, prior to the
             220      effective date of the ordinance, with the commission to perform all functions incident to the
             221      administration or operation of the ordinance.
             222          (5) Such tax ordinance shall include a provision that the sale, storage, use, or other
             223      consumption of tangible personal property, the purchase price or the cost of which has been subject
             224      to sales or use tax under a sales and use tax ordinance enacted in accordance with this part by any
             225      county, city, or town in any other county in this state, shall be exempt from the tax due under this
             226      ordinance.
             227          (6) Such tax ordinance shall include a provision that any person subject to the provisions
             228      of a city or town sales and use tax shall be exempt from the county sales and use tax if the city or
             229      town sales and use tax is levied under an ordinance including provisions in substance as follows:
             230          (a) a provision imposing a tax upon every retail sale of items listed in Section 59-12-103
             231      made within the city or town at the rate imposed by the county in which it is situated pursuant to
             232      Subsection (2);
             233          (b) provisions substantially the same as those contained in Part 1, Tax Collection, insofar
             234      as they relate to sales and use taxes, except that the name of the city or town as the taxing agency
             235      shall be substituted for that of the state where necessary for the purposes of this part;
             236          (c) a provision that the city or town shall contract prior to the effective date of the city or
             237      town sales and use tax ordinance with the commission to perform all functions incident to the
             238      administration or operation of the sales and use tax ordinance of the city or town;
             239          (d) a provision that the sale, storage, use, or other consumption of tangible personal
             240      property, the gross receipts from the sale of or the cost of which has been subject to sales or use
             241      tax under a sales and use tax ordinance enacted in accordance with this part by any county other
             242      than the county in which the city or town is located, or city or town in this state, shall be exempt


             243      from the tax; and
             244          (e) a provision that the amount of any tax paid under Part 1, Tax Collection, shall not be
             245      included as a part of the purchase price paid or charged for a taxable item.
             246          (7) (a) Notwithstanding any other provision of this section, from January 1, 1990, through
             247      [December 31] June 30, 1999, the commission shall determine and retain the amount of revenue
             248      generated by a 1/64% tax rate and deposit it in the Olympics Special Revenue Fund or funds
             249      provided for in Subsection 59-12-103 (4) for the purposes of the Utah Sports Authority described
             250      in Title 63A, Chapter 7, Utah Sports Authority Act.
             251          (b) [Beginning] Except for sales and use taxes deposited under Subsection (7)(c),
             252      beginning on [January] July 1, [2000] 1999, the amount of revenue generated by the 1/64% tax rate
             253      under Subsection (7)(a) shall be retained by the county, city, or town levying a tax under this
             254      section.
             255          (c) Notwithstanding any other provision of this section, beginning on July 1, 1999, the
             256      commission shall:
             257          (i) determine and retain the portion of the sales and use tax imposed under this section:
             258          (A) by a city or town that will have constructed within its boundaries the Airport to
             259      University of Utah Light Rail described in the Transportation Equity Act for the 21st Century, Pub.
             260      L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107; and
             261          (B) that is equal to the revenues generated by a 1/64% tax rate; and
             262          (ii) deposit the revenues described in Subsection (7)(c)(i)(B) in the Airport to University
             263      of Utah Light Rail Restricted Account created in Section 17A-2-1064 for the purposes described
             264      in Section 17A-2-1064 .
             265          Section 4. Section 59-12-205 is amended to read:
             266           59-12-205. Ordinances to conform with statutory amendments -- Distribution of tax
             267      revenues.
             268          (1) Each county, city, and town, in order to maintain in effect sales and use tax ordinances
             269      pursuant to this part, shall, within 30 days of any amendment of any applicable provisions of Part
             270      1, Tax Collection, adopt amendments of their respective sales and use tax ordinances to conform
             271      with the amendments to Part 1, Tax Collection, insofar as they relate to sales and use taxes.
             272          (2) Any county, city, or town may distribute its sales or use tax revenues by means other
             273      than point of sale or use by notifying the commission in writing of such decision, no later than 30


             274      days before commencement of the next tax accrual period. After such notice is given, a county,
             275      city, or town may increase the tax authorized by this part to a total of 1% from and after January
             276      1, 1990, of the purchase price paid or charged, excluding a public transit sales and use tax as
             277      provided in Section 59-12-501 and a resort communities sales tax as provided in Section
             278      59-12-401 . This tax shall be collected and distributed as follows:
             279          (a) from July 1, 1992, through June 30, 1993, 45% of each dollar collected from the sales
             280      and use tax authorized by this part shall be paid to each county, city, and town providing notice
             281      under this section, based upon the percentage that the population of the county, city, or town bears
             282      to the total population of all such entities providing notice under this section, and 55% based upon
             283      the point of sale or use of the transaction; and
             284          (b) from and after July 1, 1993, 50% of each dollar collected from the sales and use tax
             285      authorized by this part shall be paid to each county, city, and town providing notice under this
             286      section, based upon the percentage that the population of the county, city, or town bears to the total
             287      population of all such entities providing notice under this section, and 50% based upon the point
             288      of sale or use of the transaction.
             289          (3) Notwithstanding any provision of Subsection (2), a county, city, or town that has given
             290      notice under this section may not receive a tax revenue distribution less than 3/4 of 1% of the
             291      taxable sales within its boundaries. The commission shall proportionally reduce quarterly
             292      distributions to any county, city, or town, which, but for the reduction, would receive a distribution
             293      in excess of 1% beginning January 1, 1990, of the sales and use tax revenue collected within its
             294      boundaries.
             295          (4) (a) Notwithstanding any other provision of this section, from January 1, 1990, through
             296      [December 31] June 30, 1999, the commission shall determine and retain the amount of revenue
             297      generated by a 1/64% tax rate and deposit it in the Olympics Special Revenue Fund or funds
             298      provided for in Subsection 59-12-103 (4) for the purposes of the Utah Sports Authority described
             299      in Title 63A, Chapter 7, Utah Sports Authority Act.
             300          (b) [Beginning] Except for sales and use taxes deposited under Subsection (4)(c),
             301      beginning on [January] July 1, [2000] 1999, the amount of revenue generated by the 1/64% tax rate
             302      under Subsection (4)(a) shall be distributed to each county, city, and town as provided in this
             303      section.
             304          (c) Notwithstanding any other provision of this section, beginning on July 1, 1999, the


             305      commission shall:
             306          (i) determine and retain the portion of the sales and use tax imposed under this section:
             307          (A) by a city or town that will have constructed within its boundaries the Airport to
             308      University of Utah Light Rail described in the Transportation Equity Act for the 21st Century, Pub.
             309      L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107; and
             310          (B) that is equal to the revenues generated by a 1/64% tax rate; and
             311          (ii) deposit the revenues described in Subsection (4)(c)(i)(B) in the Airport to University
             312      of Utah Light Rail Restricted Account created in Section 17A-2-1064 for the purposes described
             313      in Section 17A-2-1064 .
             314          (5) (a) Population figures for purposes of this section shall be based on the most recent
             315      official census or census estimate of the United States Bureau of the Census.
             316          (b) If population estimates are not made for any county, city, or town by the United States
             317      Bureau of Census, population figures shall be determined according to the biennial estimate from
             318      the Utah Population Estimates Committee.
             319          (6) The population of a county for purposes of this section shall be determined solely from
             320      the unincorporated area of the county.
             321          Section 5. Section 63A-7-113 is amended to read:
             322           63A-7-113. Disbursement of the Olympic Special Revenue Fund.
             323          (1) As used in this section:
             324          (a) "Base sales and use tax amount" means the first $59,000,000 deposited in the Olympic
             325      Special Revenue Fund under Subsection 59-12-103 (4);
             326          (b) "Olympics Special Revenue Fund" means the fund or funds created under Subsection
             327      59-12-103 (4); and
             328          (c) "Proportionate share" means the percentage of the total sales and use taxes deposited
             329      under Subsection 59-12-103 (4) that are generated by a county or municipality.
             330          (2) Beginning on [January 15, 2002] August 30, 1999, the monies in the Olympic Special
             331      Revenue Fund shall be distributed as follows:
             332          (a) on or before August 30, 1999, each county or municipality described in Subsections
             333      (2)(b) and (c) shall receive the county's or municipality's proportionate share of:
             334          (i) the sales and use taxes in excess of the base sales and use tax amount; and
             335          (ii) interest on the amounts described in Subsection (2)(a)(i) for the period beginning on


             336      the day on which the sales and use taxes deposited into the Olympic Special Revenue Fund equal
             337      the base amount and ending on the day on which the disbursement is made to the county or
             338      municipality;
             339          [(a)] (b) on or before January 15, 2002, each county or municipality other than a county
             340      or municipality described in Subsection (2)[(b)](c) shall receive the county's or municipality's
             341      proportionate share of[: (i)] amounts deposited into the Olympic Special Revenue Fund by a public
             342      sports entity as reimbursement of sales and use taxes deposited under Subsection 59-12-103 (4);
             343      and
             344          [(ii) (A) the sales and use taxes in excess of the base sales and use tax amount; and]
             345          [(B) interest on the amounts described in Subsection (2)(a)(ii)(A) for the period beginning
             346      on the day on which the sales and use taxes deposited into the Olympic Special Revenue Fund
             347      equal the base amount and ending on the day on which the disbursement is made to the county or
             348      municipality;]
             349          [(b)] (c) by no later than May 5, 2003, there may be distributed to any county or
             350      municipality that has entered into an indemnification agreement with the state regarding risks
             351      related to the Winter Olympic Games of 2002:
             352          (i) the proportionate share of[: (A)] amounts deposited into the Olympic Special Revenue
             353      Fund by a public sports entity as reimbursement of sales and use taxes deposited under Subsection
             354      59-12-103 (4); and
             355          [(B) (I) the sales and use taxes in excess of the base sales and use tax amount; and]
             356          [(II) interest on the amounts described in Subsection (2)(b)(i)(B)(I) for the period
             357      beginning on the day on which the sales and use taxes deposited into the Olympic Special Revenue
             358      Fund equal the base amount and ending on the day on which the disbursement is made to the
             359      county or municipality; and]
             360          (ii) interest on the amounts described in Subsection (2)[(b)(i)(A)] (c)(i) for the period
             361      beginning on January 15, 2002, and ending on the day on which the disbursement is made to the
             362      county or municipality; and
             363          [(c)] (d) any monies in the Olympic Special Revenue Fund after the disbursement under
             364      Subsection (2)[(b)] (c) shall be deposited in the General Fund.


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