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H.B. 271

             1     

AIRPORT TO UNIVERSITY OF UTAH LIGHT

             2     
RAIL RESTRICTED ACCOUNT AMENDMENTS

             3     
2003 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: David Ure

             6      This act modifies the Utah Public Transit District Act and the Sales and Use Tax Act to
             7      end the deposit of certain local sales and use tax revenues in the Airport to University of
             8      Utah Light Rail Restricted Account. The act requires the Division of Finance to
             9      distribute any revenues in the Airport to University of Utah Light Rail Restricted
             10      Account to each city or town that has constructed within the boundaries of the city or
             11      town any portion of the Airport to University of Utah Light Rail. The act makes
             12      technical changes.
             13      This act affects sections of Utah Code Annotated 1953 as follows:
             14      AMENDS:
             15          17A-2-1064, as last amended by Chapter 253, Laws of Utah 2000
             16          59-12-204, as last amended by Chapters 2 and 253, Laws of Utah 2000
             17          59-12-205, as last amended by Chapters 2, 253 and 318, Laws of Utah 2000
             18      Be it enacted by the Legislature of the state of Utah:
             19          Section 1. Section 17A-2-1064 is amended to read:
             20           17A-2-1064. Airport to University of Utah Light Rail Restricted Account --
             21      Creation -- Use of revenues.
             22          (1) There is created within the General Fund a restricted account known as the "Airport
             23      to University of Utah Light Rail Restricted Account."
             24          (2) The account shall be funded from the portion of the sales and use tax under
             25      Sections 59-12-204 and 59-12-205 that is:
             26          (a) generated by a city or town that will have constructed within its boundaries the
             27      Airport to University of Utah Light Rail described in the Transportation Equity Act for the 21st



             28      Century, Pub. L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107; and
             29          (b) equal to the revenues generated by a 1/64% tax rate on the taxable transactions
             30      under Subsection 59-12-103 (1).
             31          (3) The Utah State Tax Commission shall deposit the revenues described in Subsection
             32      (2) into the account.
             33          (4) The account shall earn interest which shall be deposited into the account.
             34          (5) (a) [A] Except as provided in Subsection (6), a district may use the revenues in the
             35      account for a purpose described in Subsection (5)(b) if:
             36          (i) more than 200,000 people reside within the district boundaries; and
             37          (ii) the district receives a grant or a loan under 49 U.S.C. Sec. 5309:
             38          (A) for the Airport to University of Utah Light Rail project described in the
             39      Transportation Equity Act for the 21st Century, Pub. L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II),
             40      112 Stat. 107; and
             41          (B) before the construction of the Airport to University of Utah Light Rail project
             42      described in Subsection (5)(a)(ii)(A) is completed.
             43          (b) Subsection (5)(a) applies to:
             44          (i) maintaining the Airport to University of Utah Light Rail described in Subsection
             45      (5)(a)(ii)(A); or
             46          (ii) operating the Airport to University of Utah Light Rail described in Subsection
             47      (5)(a)(ii)(A).
             48          (6) Notwithstanding Subsection (5), on or before June 30, 2003, the Division of
             49      Finance shall distribute any revenues in the Airport to University of Utah Light Rail Restricted
             50      Account to each city or town that has constructed within its boundaries any portion of the
             51      Airport to University of Utah Light Rail described in the Transportation Equity Act for the 21st
             52      Century, Pub. L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107.
             53          Section 2. Section 59-12-204 is amended to read:
             54           59-12-204. Sales and use tax ordinance provisions -- Tax rate -- Distribution of
             55      tax revenues.
             56          (1) The tax ordinance adopted pursuant to this part shall impose a tax upon those
             57      transactions listed in Subsection 59-12-103 (1).
             58          (2) (a) Except as provided in Subsections (2)(b) and (c), (6)(b) and (c), and


             59      59-12-205 (2), such tax ordinance shall include a provision imposing a tax upon every
             60      transaction listed in Subsection 59-12-103 (1) made within a county, including areas contained
             61      within the cities and towns thereof at the rate of 3/4% or any fractional part of such 3/4% of the
             62      purchase price paid or charged.
             63          (b) (i) Notwithstanding Subsection (2)(a), a tax ordinance under this Subsection (2)
             64      shall include a provision prohibiting a county, city, or town from imposing a tax under this
             65      section on:
             66          (A) the sales and uses described in Section 59-12-104 to the extent the sales and uses
             67      are exempt from taxation under Section 59-12-104 ; and
             68          (B) subject to Subsection (2)(b)(ii), any amounts paid or charged by a vendor that
             69      collects a tax under Subsection 59-12-107 (1)(b) unless all of the counties, cities, and towns in
             70      the state impose the tax under this section.
             71          (ii) Notwithstanding Subsection (2)(a), if a county, city, or town imposes a tax under
             72      Subsection (2)(b)(i)(B), the tax ordinance under this Subsection (2) shall include a provision
             73      that the tax rate is equal to the lowest tax rate imposed by a county, city, or town under this
             74      section.
             75          (c) (i) Notwithstanding Section 59-12-205 , a tax ordinance under this Subsection (2)
             76      shall include a provision prohibiting a county, city, or town from imposing a tax under Section
             77      59-12-205 on:
             78          (A) the sales and uses described in Section 59-12-104 to the extent the sales and uses
             79      are exempt from taxation under Section 59-12-104 ; and
             80          (B) subject to Subsection (2)(c)(ii), any amounts paid or charged by a vendor that
             81      collects a tax under Subsection 59-12-107 (1)(b) unless all of the counties, cities, and towns in
             82      the state impose the tax under Section 59-12-205 .
             83          (ii) Notwithstanding Section 59-12-205 , if a county, city, or town imposes a tax under
             84      Subsection (2)(c)(i)(B), the tax ordinance under this Subsection (2) shall include a provision
             85      that the tax rate is equal to the lowest tax rate imposed by a county, city, or town under Section
             86      59-12-205 .
             87          (3) Such tax ordinance shall include provisions substantially the same as those
             88      contained in Part 1, Tax Collection, insofar as they relate to sales or use tax, except that the
             89      name of the county as the taxing agency shall be substituted for that of the state where


             90      necessary for the purpose of this part and that an additional license is not required if one has
             91      been or is issued under Section 59-12-106 .
             92          (4) Such tax ordinance shall include a provision that the county shall contract, prior to
             93      the effective date of the ordinance, with the commission to perform all functions incident to the
             94      administration or operation of the ordinance.
             95          (5) Such tax ordinance shall include a provision that the sale, storage, use, or other
             96      consumption of tangible personal property, the purchase price or the cost of which has been
             97      subject to sales or use tax under a sales and use tax ordinance enacted in accordance with this
             98      part by any county, city, or town in any other county in this state, shall be exempt from the tax
             99      due under this ordinance.
             100          (6) Such tax ordinance shall include a provision that any person subject to the
             101      provisions of a city or town sales and use tax shall be exempt from the county sales and use tax
             102      if the city or town sales and use tax is levied under an ordinance including provisions in
             103      substance as follows:
             104          (a) a provision imposing a tax upon every transaction listed in Section 59-12-103 made
             105      within the city or town at the rate imposed by the county in which it is situated pursuant to
             106      Subsection (2);
             107          (b) (i) notwithstanding Subsection (2)(a), and subject to Subsection (6)(b)(ii), a
             108      provision prohibiting the city or town from imposing a tax under this section on any amounts
             109      paid or charged by a vendor that collects a tax under Subsection 59-12-107 (1)(b) unless all of
             110      the counties, cities, and towns in the state impose a tax under this section; and
             111          (ii) notwithstanding Subsection (2)(a), if a city or town imposes a tax under Subsection
             112      (6)(b)(i), a provision that the tax rate is equal to the lowest tax rate imposed by a county, city,
             113      or town under this section;
             114          (c) (i) notwithstanding Section 59-12-205 and subject to Subsection (6)(c)(ii), a
             115      provision prohibiting the city or town from imposing a tax under Section 59-12-205 on any
             116      amounts paid or charged by a vendor that collects a tax under Subsection 59-12-107 (1)(b)
             117      unless all of the counties, cities, and towns in the state impose a tax under Section 59-12-205 ;
             118      and
             119          (ii) notwithstanding Section 59-12-205 , if a city or town imposes a tax under
             120      Subsection (6)(c)(i), a provision that the tax rate is equal to the lowest tax rate imposed by a


             121      county, city, or town under Section 59-12-205 ;
             122          (d) provisions substantially the same as those contained in Part 1, Tax Collection,
             123      insofar as they relate to sales and use taxes, except that the name of the city or town as the
             124      taxing agency shall be substituted for that of the state where necessary for the purposes of this
             125      part;
             126          (e) a provision that the city or town shall contract prior to the effective date of the city
             127      or town sales and use tax ordinance with the commission to perform all functions incident to
             128      the administration or operation of the sales and use tax ordinance of the city or town;
             129          (f) a provision that the sale, storage, use, or other consumption of tangible personal
             130      property, the gross receipts from the sale of or the cost of which has been subject to sales or use
             131      tax under a sales and use tax ordinance enacted in accordance with this part by any county
             132      other than the county in which the city or town is located, or city or town in this state, shall be
             133      exempt from the tax; and
             134          (g) a provision that the amount of any tax paid under Part 1, Tax Collection, shall not
             135      be included as a part of the purchase price paid or charged for a taxable item.
             136          (7) (a) Notwithstanding any other provision of this section, from January 1, 1990,
             137      through June 30, 1999, the commission shall determine and retain the amount of revenue
             138      generated by a 1/64% tax rate and deposit it in the Olympics Special Revenue Fund or funds
             139      provided for in Subsection 59-12-103 (4) for the purposes of the Utah Sports Authority
             140      described in Title 63A, Chapter 7, Utah Sports Authority Act.
             141          (b) Except for sales and use taxes deposited under Subsections (7)(c) and (d), beginning
             142      on July 1, 1999, the amount of revenue generated by the 1/64% tax rate under Subsection (7)(a)
             143      shall be retained by the county, city, or town levying a tax under this section.
             144          (c) Notwithstanding any other provision of this section, beginning on July 1, 1999,
             145      through May 5, 2003, the commission shall:
             146          (i) determine and retain the portion of the sales and use tax imposed under this section:
             147          (A) by a city or town that will have constructed within its boundaries the Airport to
             148      University of Utah Light Rail described in the Transportation Equity Act for the 21st Century,
             149      Pub. L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107; and
             150          (B) that is equal to the revenues generated by a 1/64% tax rate; and
             151          (ii) deposit the revenues described in Subsection (7)(c)(i) in the Airport to University


             152      of Utah Light Rail Restricted Account created in Section 17A-2-1064 for the purposes
             153      described in Section 17A-2-1064 .
             154          (d) Notwithstanding any other provision of this section, beginning July 1, 2000, the
             155      commission shall:
             156          (i) determine and retain the portion of sales and use tax imposed under this section:
             157          (A) by each county and by each city and town within that county whose legislative
             158      body consents by resolution to the commission's retaining and depositing sales and use tax
             159      revenues as provided in this Subsection (7)(d); and
             160          (B) that is equal to the revenues generated by a 1/64% tax rate;
             161          (ii) deposit the revenues described in Subsection (7)(d)(i) into a special fund of the
             162      county, or a city, town, or other political subdivision of the state located within that county, that
             163      has issued bonds to finance sports or recreational facilities or that is leasing sports or
             164      recreational facilities, in order to repay those bonds or to pay the lease payments; and
             165          (iii) continue to deposit those revenues into the special fund only as long as the bonds
             166      or leases are outstanding.
             167          (8) If a county, city, or town imposes a tax under this section on any amounts paid or
             168      charged by a vendor that collects a tax under Subsection 59-12-107 (1)(b), the revenues
             169      generated by the tax shall be distributed as provided in Subsection 59-12-103 (3)(c).
             170          Section 3. Section 59-12-205 is amended to read:
             171           59-12-205. Ordinances to conform with statutory amendments -- Distribution of
             172      tax revenues.
             173          (1) Each county, city, and town, in order to maintain in effect sales and use tax
             174      ordinances adopted pursuant to Section 59-12-204 , shall, within 30 days of any amendment of
             175      any applicable provisions of Part 1, Tax Collection, adopt amendments of their respective sales
             176      and use tax ordinances to conform with the amendments to Part 1, Tax Collection, insofar as
             177      they relate to sales and use taxes.
             178          (2) (a) Any county, city, or town may distribute its sales or use tax revenues by means
             179      other than point of sale or use by notifying the commission in writing of such decision, no later
             180      than 30 days before commencement of the next tax accrual period.
             181          (b) Except as provided in Subsections 59-12-204 (2)(b) and (c) and (6)(b) and (c), after
             182      such notice is given, beginning on January 1, 1990 a county, city, or town may increase the tax


             183      authorized by this part to a total of 1% of the purchase price paid or charged.
             184          (c) Except as provided in Subsections (2)(d), (3), and (4):
             185          (i) 50% of each dollar collected from the sales and use tax authorized by this part shall
             186      be paid to each county, city, and town providing notice under this section, based upon the
             187      percentage that the population of the county, city, or town bears to the total population of all
             188      such entities providing notice under this section; and
             189          (ii) 50% of each dollar collected from the sales and use tax authorized by this part shall
             190      be paid to each county, city, and town providing notice under this section, based upon the point
             191      of sale or use of the transaction.
             192          (d) Notwithstanding Subsection (2)(c), if a county, city, or town imposes a tax under
             193      this section on any amounts paid or charged by a vendor that collects a tax under Subsection
             194      59-12-107 (1)(b), the revenues generated by the tax shall be distributed as provided in
             195      Subsection 59-12-103 (3)(c).
             196          (3) (a) Notwithstanding any provision of Subsection (2), a county, city, or town that
             197      has given notice under this section may not receive a tax revenue distribution less than 3/4 of
             198      1% of the taxable sales within its boundaries.
             199          (b) The commission shall proportionally reduce quarterly distributions to any county,
             200      city, or town, which, but for the reduction, would receive a distribution in excess of 1%
             201      beginning January 1, 1990, of the sales and use tax revenue collected within its boundaries.
             202          (4) (a) Notwithstanding any other provision of this section, from January 1, 1990,
             203      through June 30, 1999, the commission shall determine and retain the amount of revenue
             204      generated by a 1/64% tax rate and deposit it in the Olympics Special Revenue Fund or funds
             205      provided for in Subsection 59-12-103 (4) for the purposes of the Utah Sports Authority
             206      described in Title 63A, Chapter 7, Utah Sports Authority Act.
             207          (b) Except for sales and use taxes deposited under Subsections (4)(c) and (d), beginning
             208      on July 1, 1999, the amount of revenue generated by the 1/64% tax rate under Subsection (4)(a)
             209      shall be distributed to each county, city, and town as provided in this section.
             210          (c) Notwithstanding any other provision of this section, beginning on July 1, 1999,
             211      through May 5, 2003, the commission shall:
             212          (i) determine and retain the portion of the sales and use tax imposed under this section:
             213          (A) by a city or town that will have constructed within its boundaries the Airport to


             214      University of Utah Light Rail described in the Transportation Equity Act for the 21st Century,
             215      Pub. L. No. 105-178, Sec. 3030(c)(2)(B)(i)(II), 112 Stat. 107; and
             216          (B) that is equal to the revenues generated by a 1/64% tax rate; and
             217          (ii) deposit the revenues described in Subsection (4)(c)(i) in the Airport to University
             218      of Utah Light Rail Restricted Account created in Section 17A-2-1064 for the purposes
             219      described in Section 17A-2-1064 .
             220          (d) Notwithstanding any other provision of this section, beginning July 1, 2000, the
             221      commission shall:
             222          (i) determine and retain the portion of sales and use tax imposed under this section:
             223          (A) by each county and by each city and town within that county whose legislative
             224      body consents by resolution to the commission's retaining and depositing sales and use tax
             225      revenues as provided in this Subsection (4)(d); and
             226          (B) that is equal to the revenues generated by a 1/64% tax rate;
             227          (ii) deposit the revenues described in Subsection (4)(d)(i) into a special fund of the
             228      county, or a city, town, or other political subdivision of the state located within that county, that
             229      has issued bonds to finance sports or recreational facilities or that is leasing sports or
             230      recreational facilities, in order to repay those bonds or to pay the lease payments; and
             231          (iii) continue to deposit those revenues into the special fund only as long as the bonds
             232      or leases are outstanding.
             233          (5) (a) Population figures for purposes of this section shall be based on the most recent
             234      official census or census estimate of the United States Census Bureau.
             235          (b) If a needed population estimate is not available from the United States Census
             236      Bureau, population figures shall be derived from the estimate from the Utah Population
             237      Estimates Committee created by executive order of the governor.
             238          (6) The population of a county for purposes of this section shall be determined solely
             239      from the unincorporated area of the county.





Legislative Review Note
    as of 2-7-03 11:00 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

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