First Substitute H.B. 14

Senator David H. Steele proposes the following substitute bill:

1 TOURISM PROMOTION PROGRAMS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Sheryl L. Allen
5 The act provides an exception to the growth factor requirement for an appropriation to
6 the Tourism Marketing Performance Fund.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 9-2-1703.5, as last amended by Chapter 207, Laws of Utah 2002
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 9-2-1703.5 is amended to read:
12 9-2-1703.5. Appropriations to the fund.
13 (1) The Legislature shall appropriate $200,000 to the fund each fiscal year for which
14 the State Tax Commission finds that the industry growth for the prior fiscal year equals or
15 exceeds 4%, except that:
16 (a) the growth factor requirement does not apply to the $2,000,000 appropriation to the
17 fund under Item 120 of S.B. 1, Appropriations Act, made for the fiscal year beginning July 1,
18 2002, only[.]; and
19 (b) the growth factor requirement does not apply for the prior fiscal year beginning July
20 1, 2001, and ending June 30, 2002, only, but the appropriation may be for less than $200,000
21 for the affected fiscal year only.
22 (2) To determine the prior fiscal year industry growth the State Tax Commission shall:
23 (a) calculate the tourism-oriented sales and use taxes for the fiscal year two years
24 preceding the fiscal year of appropriation;
25 (b) calculate the tourism-oriented sales and use taxes for the fiscal year three years

26 preceding the fiscal year of the appropriation; and
27 (c) determine whether the tourism-oriented sales and use taxes calculated in Subsection
28 (2)(a) increased from the tourism-oriented sales and use taxes calculated under Subsection
29 (2)(b).
30 (3) The State Tax Commission shall report its determination under Subsection (2) to
31 the State Budget Office by no later than September 30 of each year.