Representative Sheryl L. Allen proposes the following substitute bill:
1
AMENDMENTS TO LOCAL OPTION SALES TAX
2
2004 GENERAL SESSION
3
STATE OF UTAH
4
Sponsor: Sheryl L. Allen
5
Katherine M. Bryson
6
7
LONG TITLE
8
General Description:
9
This bill modifies Revenue and Taxation provisions related to a local option sales tax
10
for funding recreational and zoological facilities and botanical, cultural, and zoological
11
organizations.
12
Highlighted Provisions:
13
This bill:
14
. extends to cities and towns in second class counties the authority to impose a sales
15
tax for funding recreational and zoological facilities and botanical, cultural, and
16
zoological organizations;
17
. extends from five to H [
ten
]
EIGHT
h years the period for which the sales tax may be
17a
levied;
18
. requires each election for voter approval of the sales tax to take place at a regular
19
general election or municipal general election; and
20
. limits a county from imposing a similar county option sales tax within
21
municipalities that have already imposed the sales tax.
22
Monies Appropriated in this Bill:
23
None
24
Other Special Clauses:
25
This bill provides an effective date.
26
Utah Code Sections Affected:
27
AMENDS:
28
59-12-703 (Superseded 07/01/04), as last amended by Chapter 296, Laws of Utah 2003
29
59-12-703 (Effective 07/01/04), as last amended by Chapter 312, Laws of Utah 2003
30
59-12-1401, as enacted by Chapter 192, Laws of Utah 2001
31
59-12-1402 (Superseded 07/01/04), as enacted by Chapter 192, Laws of Utah 2001
32
59-12-1402 (Effective 07/01/04), as last amended by Chapter 312, Laws of Utah 2003
33
34
Be it enacted by the Legislature of the state of Utah:
35
Section 1.
Section
59-12-703 (Superseded 07/01/04)
is amended to read:
36
59-12-703 (Superseded 07/01/04). Opinion question election -- Imposition of tax --
37
Revision of county ordinances to reflect statutory changes -- Uses of tax monies.
38
(1) (a) (i) Except as provided in Subsection (1)(a)(ii), a county legislative body may
39
submit an opinion question to the residents of that county, by majority vote of all members of
40
the legislative body, so that each resident of the county, except residents in municipalities that
41
have already imposed a sales and use tax under Part 14, City or Town Option Funding For
42
Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, has an
43
opportunity to express the resident's opinion on the imposition of a local sales and use tax of
44
.1% on the transactions described in Subsection
59-12-103
(1), to fund recreational and
45
zoological facilities, botanical, cultural, and zoological organizations, and rural radio stations
46
in that county.
47
(ii) Notwithstanding Subsection (1)(a)(i), a county legislative body may not impose a
48
tax under this section on:
49
(A) the sales and uses described in Section
59-12-104
to the extent the sales and uses
50
are exempt from taxation under Section
59-12-104
; [and]
51
(B) any amounts paid or charged by a vendor that collects a tax under Subsection
52
59-12-107
(1)(b)[.]; and
53
(C) sales and uses within municipalities that have already imposed a sales and use tax
54
under Part 14, City or Town Option Funding For Botanical, Cultural, Recreational, and
55
Zoological Organizations or Facilities.
56
(b) The election shall follow the procedures outlined in Title 11, Chapter 14, Utah
57
Municipal Bond Act.
58
(2) (a) If the county legislative body determines that a majority of the county's
59
registered voters voting on the imposition of the tax have voted in favor of the imposition of
60
the tax as prescribed in Subsection (1)(a), the county legislative body may impose the tax by a
61
majority vote of all members of the legislative body on the transactions:
62
(i) described in Subsection (1); and
63
(ii) within the county, including the cities and towns located in the county, except those
64
cities and towns that have already imposed a sales and use tax under Part 14, City or Town
65
Option Funding For Botanical, Cultural, Recreational, and Zoological Organizations or
66
Facilities.
67
(b) A county legislative body may revise county ordinances to reflect statutory changes
68
to the distribution formula or eligible recipients of revenues generated from a tax imposed
69
under Subsection (2)(a):
70
(i) after the county legislative body submits an opinion question to residents of the
71
county in accordance with Subsection (1)(b) giving them the opportunity to express their
72
opinion on the proposed revisions to county ordinances; and
73
(ii) if the county legislative body determines that a majority of those voting on the
74
opinion question have voted in favor of the revisions.
75
(3) The monies generated from any tax imposed under Subsection (2) shall be used for
76
funding:
77
(a) recreational and zoological facilities located within the county or a city or town
78
located in the county, except a city or town that has already imposed a sales and use tax under
79
Part 14, City or Town Option Funding For Botanical, Cultural, Recreational, and Zoological
80
Organizations or Facilities; and
81
(b) ongoing operating expenses of:
82
(i) recreational facilities described in Subsection (3)(a);
83
(ii) botanical, cultural, and zoological organizations within the county; and
84
(iii) rural radio stations within the county.
85
(4) Taxes imposed under this part shall be:
86
(a) levied at the same time and collected in the same manner as provided in Part 2,
87
Local Sales and Use Tax Act, except that the collection and distribution of the tax revenue is
88
not subject to Subsection
59-12-205
(2); and
89
(b) levied for a period of ten years and may be reauthorized at the end of the ten-year
90
period in accordance with this section.
91
(5) (a) For purposes of this Subsection (5):
92
(i) "Annexation" means an annexation to a county under Title 17, Chapter 2,
93
Annexation to County.
94
(ii) "Annexing area" means an area that is annexed into a county.
95
(b) (i) If, on or after May 1, 2000, a county enacts or repeals a tax or changes the rate of
96
a tax under this part, the enactment, repeal, or change shall take effect:
97
(A) on the first day of a calendar quarter; and
98
(B) after a 75-day period beginning on the date the commission receives notice meeting
99
the requirements of Subsection (5)(b)(ii) from the county.
100
(ii) The notice described in Subsection (5)(b)(i)(B) shall state:
101
(A) that the county will enact or repeal a tax or change the rate of a tax under this part;
102
(B) the statutory authority for the tax described in Subsection (5)(b)(ii)(A);
103
(C) the effective date of the tax described in Subsection (5)(b)(ii)(A); and
104
(D) if the county enacts the tax or changes the rate of the tax described in Subsection
105
(5)(b)(ii)(A), the new rate of the tax.
106
(c) (i) If, for an annexation that occurs on or after May 1, 2000, the annexation will
107
result in a change in the rate of a tax under this part for an annexing area, the change shall take
108
effect:
109
(A) on the first day of a calendar quarter; and
110
(B) after a 75-day period beginning on the date the commission receives notice meeting
111
the requirements of Subsection (5)(c)(ii) from the county that annexes the annexing area.
112
(ii) The notice described in Subsection (5)(c)(i)(B) shall state:
113
(A) that the annexation described in Subsection (5)(c)(i) will result in a change in the
114
rate of a tax under this part for the annexing area;
115
(B) the statutory authority for the tax described in Subsection (5)(c)(ii)(A);
116
(C) the effective date of the tax described in Subsection (5)(c)(ii)(A); and
117
(D) the new rate of the tax described in Subsection (5)(c)(ii)(A).
118
Section 2.
Section
59-12-703 (Effective 07/01/04)
is amended to read:
119
59-12-703 (Effective 07/01/04). Opinion question election -- Imposition of tax --
120
Uses of tax monies -- Enactment or repeal of tax -- Effective date -- Notice requirements.
121
(1) (a) (i) Except as provided in Subsections (1)(a)(ii) and
59-12-207.1
(7)(c), a county
122
legislative body may submit an opinion question to the residents of that county, by majority
123
vote of all members of the legislative body, so that each resident of the county, except residents
124
in municipalities that have already imposed a sales and use tax under Part 14, City or Town
125
Option Funding For Botanical, Cultural, Recreational, and Zoological Organizations or
126
Facilities, has an opportunity to express the resident's opinion on the imposition of a local sales
127
and use tax of .1% on the transactions described in Subsection
59-12-103
(1) located within the
128
county, to fund recreational and zoological facilities, botanical, cultural, and zoological
129
organizations, and rural radio stations, in that county.
130
(ii) Notwithstanding Subsection (1)(a)(i), a county legislative body may not impose a
131
tax under this section on:
132
(A) the sales and uses described in Section
59-12-104
to the extent the sales and uses
133
are exempt from taxation under Section
59-12-104
[.]; and
134
(B) sales and uses within municipalities that have already imposed a sales and use tax
135
under Part 14, City or Town Option Funding For Botanical, Cultural, Recreational, and
136
Zoological Organizations or Facilities.
137
(b) For purposes of this Subsection (1), the location of a transaction shall be
138
determined in accordance with Sections
59-12-207.1
through
59-12-207.4
.
139
(c) The election shall follow the procedures outlined in Title 11, Chapter 14, Utah
140
Municipal Bond Act.
141
(2) (a) If the county legislative body determines that a majority of the county's
142
registered voters voting on the imposition of the tax have voted in favor of the imposition of
143
the tax as prescribed in Subsection (1)(a), the county legislative body may impose the tax by a
144
majority vote of all members of the legislative body on the transactions:
145
(i) described in Subsection (1); and
146
(ii) within the county, including the cities and towns located in the county, except those
147
cities and towns that have already imposed a sales and use tax under Part 14, City or Town
148
Option Funding For Botanical, Cultural, Recreational, and Zoological Organizations or
149
Facilities.
150
(b) A county legislative body may revise county ordinances to reflect statutory changes
151
to the distribution formula or eligible recipients of revenues generated from a tax imposed
152
under Subsection (2)(a):
153
(i) after the county legislative body submits an opinion question to residents of the
154
county in accordance with Subsection (1)(b) giving them the opportunity to express their
155
opinion on the proposed revisions to county ordinances; and
156
(ii) if the county legislative body determines that a majority of those voting on the
157
opinion question have voted in favor of the revisions.
158
(3) The monies generated from any tax imposed under Subsection (2) shall be used for
159
funding:
160
(a) recreational and zoological facilities located within the county or a city or town
161
located in the county, except a city or town that has already imposed a sales and use tax under
162
Part 14, City or Town Option Funding For Botanical, Cultural, Recreational, and Zoological
163
Organizations or Facilities; and
164
(b) ongoing operating expenses of:
165
(i) recreational facilities described in Subsection (3)(a);
166
(ii) botanical, cultural, and zoological organizations within the county; and
167
(iii) rural radio stations within the county.
168
(4) (a) A tax under this part shall be:
169
(i) except as provided in Subsection (4)(b), levied at the same time and collected in the
170
same manner as provided in Part 2, Local Sales and Use Tax Act; and
171
(ii) levied for a period of ten years and may be reauthorized at the end of the ten-year
172
period in accordance with this section.
173
(b) Notwithstanding Subsection (4)(a)(i), a tax under this part is not subject to
174
Subsections
59-12-205
(2) through (5).
175
(5) (a) For purposes of this Subsection (5):
176
(i) "Annexation" means an annexation to a county under Title 17, Chapter 2,
177
Annexation to County.
178
(ii) "Annexing area" means an area that is annexed into a county.
179
(b) (i) Except as provided in Subsection (5)(c) or (d), if, on or after July 1, 2004, a
180
county enacts or repeals a tax under this part, the enactment or repeal shall take effect:
181
(A) on the first day of a calendar quarter; and
182
(B) after a 90-day period beginning on the date the commission receives notice meeting
183
the requirements of Subsection (5)(b)(ii) from the county.
184
(ii) The notice described in Subsection (5)(b)(i)(B) shall state:
185
(A) that the county will enact or repeal a tax under this part;
186
(B) the statutory authority for the tax described in Subsection (5)(b)(ii)(A);
187
(C) the effective date of the tax described in Subsection (5)(b)(ii)(A); and
188
(D) if the county enacts the tax described in Subsection (5)(b)(ii)(A), the rate of the
189
tax.
190
(c) (i) Notwithstanding Subsection (5)(b)(i), for a transaction described in Subsection
191
(5)(c)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
192
(A) that begins after the effective date of the imposition of the tax; and
193
(B) if the billing period for the transaction begins before the effective date of the
194
enactment of the tax under this section.
195
(ii) Notwithstanding Subsection (5)(b)(i), for a transaction described in Subsection
196
(5)(c)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
197
(A) that began before the effective date of the repeal of the tax; and
198
(B) if the billing period for the transaction begins before the effective date of the repeal
199
of the tax imposed under this section.
200
(iii) Subsections (5)(c)(i) and (ii) apply to transactions subject to a tax under:
201
(A) Subsection
59-12-103
(1)(b);
202
(B) Subsection
59-12-103
(1)(c);
203
(C) Subsection
59-12-103
(1)(d);
204
(D) Subsection
59-12-103
(1)(e);
205
(E) Subsection
59-12-103
(1)(f);
206
(F) Subsection
59-12-103
(1)(g);
207
(G) Subsection
59-12-103
(1)(h);
208
(H) Subsection
59-12-103
(1)(i);
209
(I) Subsection
59-12-103
(1)(j); or
210
(J) Subsection
59-12-103
(1)(k).
211
(d) (i) Notwithstanding Subsection (5)(b)(i), if a tax due under this chapter on a
212
catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
213
enactment or repeal of a tax described in Subsection (5)(b)(i) takes effect:
214
(A) on the first day of a calendar quarter; and
215
(B) beginning 60 days after the effective date of the enactment or repeal under
216
Subsection (5)(b)(i).
217
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
218
the commission may by rule define the term "catalogue sale."
219
(e) (i) Except as provided in Subsection (5)(f) or (g), if, for an annexation that occurs on
220
or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
221
part for an annexing area, the enactment or repeal shall take effect:
222
(A) on the first day of a calendar quarter; and
223
(B) after a 90-day period beginning on the date the commission receives notice meeting
224
the requirements of Subsection (5)(e)(ii) from the county that annexes the annexing area.
225
(ii) The notice described in Subsection (5)(e)(i)(B) shall state:
226
(A) that the annexation described in Subsection (5)(e)(i) will result in an enactment or
227
repeal of a tax under this part for the annexing area;
228
(B) the statutory authority for the tax described in Subsection (5)(e)(ii)(A);
229
(C) the effective date of the tax described in Subsection (5)(e)(ii)(A); and
230
(D) the rate of the tax described in Subsection (5)(e)(ii)(A).
231
(f) (i) Notwithstanding Subsection (5)(e)(i), for a transaction described in Subsection
232
(5)(f)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
233
(A) that begins after the effective date of the imposition of the tax; and
234
(B) if the billing period for the transaction begins before the effective date of the
235
enactment of the tax under this section.
236
(ii) Notwithstanding Subsection (5)(e)(i), for a transaction described in Subsection
237
(5)(f)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
238
(A) that began before the effective date of the repeal of the tax; and
239
(B) if the billing period for the transaction begins before the effective date of the repeal
240
of the tax imposed under this section.
241
(iii) Subsections (5)(f)(i) and (ii) apply to transactions subject to a tax under:
242
(A) Subsection
59-12-103
(1)(b);
243
(B) Subsection
59-12-103
(1)(c);
244
(C) Subsection
59-12-103
(1)(d);
245
(D) Subsection
59-12-103
(1)(e);
246
(E) Subsection
59-12-103
(1)(f);
247
(F) Subsection
59-12-103
(1)(g);
248
(G) Subsection
59-12-103
(1)(h);
249
(H) Subsection
59-12-103
(1)(i);
250
(I) Subsection
59-12-103
(1)(j); or
251
(J) Subsection
59-12-103
(1)(k).
252
(g) (i) Notwithstanding Subsection (5)(e)(i), if a tax due under this chapter on a
253
catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
254
enactment or repeal of a tax described in Subsection (5)(e)(i) takes effect:
255
(A) on the first day of a calendar quarter; and
256
(B) beginning 60 days after the effective date of the enactment or repeal under
257
Subsection (5)(e)(i).
258
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
259
the commission may by rule define the term "catalogue sale."
260
Section 3.
Section
59-12-1401
is amended to read:
261
59-12-1401. Purpose statement -- Definitions -- Scope of part.
262
(1) The purpose of the tax imposed by this part is the same for cities and towns as is
263
stated in Section
59-12-701
for counties.
264
(2) The definitions of Section
59-12-702
are incorporated into this part.
265
(3) This part applies only to a city or town that is located within a county of the second,
266
third, fourth, fifth, or sixth class as designated in Section
17-50-501
.
267
Section 4.
Section
59-12-1402 (Superseded 07/01/04)
is amended to read:
268
59-12-1402 (Superseded 07/01/04). Opinion question election -- Imposition of tax
269
-- Uses of tax monies.
270
(1) (a) (i) Except as provided in Subsection (1)(a)(ii) and subject to Subsection (6),
271
beginning on January 1, 2003, a city or town legislative body subject to this part may submit an
272
opinion question to the residents of that city or town, by majority vote of all members of the
273
legislative body, so that each resident of the city or town has an opportunity to express the
274
resident's opinion on the imposition of a local sales and use tax of .1% on the transactions
275
described in Subsection
59-12-103
(1), to fund recreational and zoological facilities and
276
botanical, cultural, and zoological organizations in that city or town.
277
(ii) Notwithstanding Subsection (1)(a)(i), a city or town legislative body may not
278
impose a tax under this section:
279
(A) if the county in which the city or town is located imposes a tax under Part 7,
280
County Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or
281
Facilities;
282
(B) on the sales and uses described in Section
59-12-104
to the extent the sales and
283
uses are exempt from taxation under Section
59-12-104
; and
284
(C) on any amounts paid or charged by a vendor that collects a tax under Subsection
285
59-12-107
(1)(b).
286
(b) The election shall be held at a regular general election or a municipal general
287
election, as those terms are defined in Section
20A-1-102
, and shall follow the procedures
288
outlined in Title 11, Chapter 14, Utah Municipal Bond Act, except as provided in Subsection
289
(6).
290
(2) If the city or town legislative body determines that a majority of the city's or town's
291
registered voters voting on the imposition of the tax have voted in favor of the imposition of
292
the tax as prescribed in Subsection (1)(a), the city or town legislative body may impose the tax
293
by a majority vote of all members of the legislative body.
294
(3) The monies generated from any tax imposed under Subsection (2) shall be used for
295
financing:
296
(a) recreational and zoological facilities within the city or town or within the
297
geographic area of entities that are parties to an interlocal agreement, to which the city or town
298
is a party, providing for recreational or zoological facilities; and
299
(b) ongoing operating expenses of botanical, cultural, and zoological organizations
300
within the city or town or within the geographic area of entities that are parties to an interlocal
301
agreement, to which the city or town is a party, providing for the support of botanical, cultural,
302
or zoological organizations.
303
(4) Taxes imposed under this part shall be:
304
(a) levied at the same time and collected in the same manner as provided in Part 2,
305
Local Sales and Use Tax Act, except that the collection and distribution of the tax revenue is
306
not subject to Subsection
59-12-205
(2); and
307
(b) (i) levied for a period of [five] H [ten
]
EIGHT
h years; and
308
(ii) may be reauthorized at the end of the [five] H [
ten
]
EIGHT
h -year period in accordance
308a
with this
309
section.
310
(5) (a) For purposes of this Subsection (5):
311
(i) "Annexation" means an annexation to a city or town under Title 10, Chapter 2, Part
312
4, Annexation.
313
(ii) "Annexing area" means an area that is annexed into a city or town.
314
(b) (i) If, on or after January 1, 2003, a city or town enacts or repeals a tax or changes
315
the rate of a tax under this part, the enactment, repeal, or change shall take effect:
316
(A) on the first day of a calendar quarter; and
317
(B) after a 75-day period beginning on the date the commission receives notice meeting
318
the requirements of Subsection (5)(b)(ii) from the city or town.
319
(ii) The notice described in Subsection (5)(b)(i)(B) shall state:
320
(A) that the city or town will enact or repeal a tax or change the rate of a tax under this
321
part;
322
(B) the statutory authority for the tax described in Subsection (5)(b)(ii)(A);
323
(C) the effective date of the tax described in Subsection (5)(b)(ii)(A); and
324
(D) if the city or town enacts the tax or changes the rate of the tax described in
325
Subsection (5)(b)(ii)(A), the new rate of the tax.
326
(c) (i) If, for an annexation that occurs on or after January 1, 2003, the annexation will
327
result in a change in the rate of a tax under this part for an annexing area, the change shall take
328
effect:
329
(A) on the first day of a calendar quarter; and
330
(B) after a 75-day period beginning on the date the commission receives notice meeting
331
the requirements of Subsection (5)(c)(ii) from the city or town that annexes the annexing area.
332
(ii) The notice described in Subsection (5)(c)(i)(B) shall state:
333
(A) that the annexation described in Subsection (5)(c)(i) will result in a change in the
334
rate of a tax under this part for the annexing area;
335
(B) the statutory authority for the tax described in Subsection (5)(c)(ii)(A);
336
(C) the effective date of the tax described in Subsection (5)(c)(ii)(A); and
337
(D) the new rate of the tax described in Subsection (5)(c)(ii)(A).
338
(6) (a) Before a city or town legislative body submits an opinion question to the
339
residents of the city or town under Subsection (1)(a)(i), the city or town legislative body shall:
340
(i) submit to the county legislative body in which the city or town is located a written
341
notice of the intent to submit the opinion question to the residents of the city or town; and
342
(ii) receive from the county legislative body:
343
(A) a written resolution passed by the county legislative body stating that the county
344
legislative body is not seeking to impose a tax under Part 7, County Option Funding for
345
Botanical, Cultural, Recreational, and Zoological Organizations or Facilities; or
346
(B) a written statement that in accordance with Subsection (6)(b) the results of a county
347
opinion question submitted to the residents of the county under Part 7, County Option Funding
348
for Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, permit the city
349
or town legislative body to submit the opinion question to the residents of the city or town in
350
accordance with this part.
351
(b) (i) Within 60 days after the day the county legislative body receives from a city or
352
town legislative body described in Subsection (6)(a) the notice of the intent to submit an
353
opinion question to the residents of the city or town, the county legislative body shall provide
354
the city or town legislative body:
355
(A) the written resolution described in Subsection (6)(a)(ii)(A); or
356
(B) written notice that the county legislative body will submit an opinion question to
357
the residents of the county under Part 7, County Option Funding for Botanical, Cultural,
358
Recreational, and Zoological Organizations or Facilities, for the county to impose a tax under
359
that part.
360
(ii) If the county legislative body provides the city or town legislative body the written
361
notice that the county legislative body will submit an opinion question as provided in
362
Subsection (6)(b)(i)(B), the county legislative body shall submit the opinion question by no
363
later than, from the date the county legislative body sends the written notice, the later of:
364
(A) a 12-month period;
365
(B) the next regular primary election; or
366
(C) the next regular general election.
367
(iii) Within 30 days of the date of the canvass of the election at which the opinion
368
question under Subsection (6)(b)(ii) is voted on, the county legislative body shall provide the
369
city or town legislative body described in Subsection (6)(a) written results of the opinion
370
question submitted by the county legislative body under Part 7, County Option Funding for
371
Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, indicating that:
372
(A) (I) the city or town legislative body may not impose a tax under this part because a
373
majority of the county's registered voters voted in favor of the county imposing the tax and the
374
county legislative body by a majority vote approved the imposition of the tax; or
375
(II) for at least 12 months from the date the written results are submitted to the city or
376
town legislative body, the city or town legislative body may not submit to the county legislative
377
body a written notice of the intent to submit an opinion question under this part because a
378
majority of the county's registered voters voted against the county imposing the tax and the
379
majority of the registered voters who are residents of the city or town described in Subsection
380
(6)(a) voted against the imposition of the county tax; or
381
(B) the city or town legislative body may submit the opinion question to the residents
382
of the city or town in accordance with this part because although a majority of the county's
383
registered voters voted against the county imposing the tax, the majority of the registered voters
384
who are residents of the city or town voted for the imposition of the county tax.
385
(c) Notwithstanding Subsection (6)(b), at any time a county legislative body may
386
provide a city or town legislative body described in Subsection (6)(a) a written resolution
387
passed by the county legislative body stating that the county legislative body is not seeking to
388
impose a tax under Part 7, County Option Funding for Botanical, Cultural, Recreational, and
389
Zoological Organizations or Facilities, which permits the city or town legislative body to
390
submit under Subsection (1)(a)(i) an opinion question to the city's or town's residents.
391
Section 5.
Section
59-12-1402 (Effective 07/01/04)
is amended to read:
392
59-12-1402 (Effective 07/01/04). Opinion question election -- Imposition of tax --
393
Uses of tax monies -- Enactment or repeal of tax -- Effective date -- Notice requirements.
394
(1) (a) (i) Except as provided in Subsections (1)(a)(ii) and
59-12-207.1
(7)(c), and
395
subject to Subsection (6), beginning on January 1, 2003, a city or town legislative body subject
396
to this part may submit an opinion question to the residents of that city or town, by majority
397
vote of all members of the legislative body, so that each resident of the city or town has an
398
opportunity to express the resident's opinion on the imposition of a local sales and use tax of
399
.1% on the transactions described in Subsection
59-12-103
(1) located within the city or town,
400
to fund recreational and zoological facilities and botanical, cultural, and zoological
401
organizations in that city or town.
402
(ii) Notwithstanding Subsection (1)(a)(i), a city or town legislative body may not
403
impose a tax under this section:
404
(A) if the county in which the city or town is located imposes a tax under Part 7,
405
County Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or
406
Facilities; or
407
(B) on the sales and uses described in Section
59-12-104
to the extent the sales and
408
uses are exempt from taxation under Section
59-12-104
.
409
(b) For purposes of this Subsection (1), the location of a transaction shall be
410
determined in accordance with Sections
59-12-207.1
through
59-12-207.4
.
411
(c) The election shall be held at a regular general election or a municipal general
412
election, as those terms are defined in Section
20A-1-102
, and shall follow the procedures
413
outlined in Title 11, Chapter 14, Utah Municipal Bond Act, except as provided in Subsection
414
(6).
415
(2) If the city or town legislative body determines that a majority of the city's or town's
416
registered voters voting on the imposition of the tax have voted in favor of the imposition of
417
the tax as prescribed in Subsection (1)(a), the city or town legislative body may impose the tax
418
by a majority vote of all members of the legislative body.
419
(3) The monies generated from any tax imposed under Subsection (2) shall be used for
420
financing:
421
(a) recreational and zoological facilities within the city or town or within the
422
geographic area of entities that are parties to an interlocal agreement, to which the city or town
423
is a party, providing for recreational or zoological facilities; and
424
(b) ongoing operating expenses of botanical, cultural, and zoological organizations
425
within the city or town or within the geographic area of entities that are parties to an interlocal
426
agreement, to which the city or town is a party, providing for the support of botanical, cultural,
427
or zoological organizations.
428
(4) (a) A tax under this part shall be:
429
(i) except as provided in Subsection (4)(b), levied at the same time and collected in the
430
same manner as provided in Part 2, Local Sales and Use Tax Act; and
431
(ii) (A) levied for a period of [five] H [ten
]
EIGHT
h years; and
432
(B) may be reauthorized at the end of the [five] H [
ten
]
EIGHT
h -year period in accordance
432a
with this
433
section.
434
(b) Notwithstanding Subsection (4)(a)(i), a tax under this section is not subject to
435
Subsections
59-12-205
(2) through (5).
436
(5) (a) For purposes of this Subsection (5):
437
(i) "Annexation" means an annexation to a city or town under Title 10, Chapter 2, Part
438
4, Annexation.
439
(ii) "Annexing area" means an area that is annexed into a city or town.
440
(b) (i) Except as provided in Subsection (5)(c) or (d), if, on or after July 1, 2004, a city
441
or town enacts or repeals a tax under this part, the enactment or repeal shall take effect:
442
(A) on the first day of a calendar quarter; and
443
(B) after a 90-day period beginning on the date the commission receives notice meeting
444
the requirements of Subsection (5)(b)(ii) from the city or town.
445
(ii) The notice described in Subsection (5)(b)(i)(B) shall state:
446
(A) that the city or town will enact or repeal a tax under this part;
447
(B) the statutory authority for the tax described in Subsection (5)(b)(ii)(A);
448
(C) the effective date of the tax described in Subsection (5)(b)(ii)(A); and
449
(D) if the city or town enacts the tax described in Subsection (5)(b)(ii)(A), the rate of
450
the tax.
451
(c) (i) Notwithstanding Subsection (5)(b)(i), for a transaction described in Subsection
452
(5)(c)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
453
(A) that begins after the effective date of the imposition of the tax; and
454
(B) if the billing period for the transaction begins before the effective date of the
455
enactment of the tax under this section.
456
(ii) Notwithstanding Subsection (5)(b)(i), for a transaction described in Subsection
457
(5)(c)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
458
(A) that began before the effective date of the repeal of the tax; and
459
(B) if the billing period for the transaction begins before the effective date of the repeal
460
of the tax imposed under this section.
461
(iii) Subsections (5)(c)(i) and (ii) apply to transactions subject to a tax under:
462
(A) Subsection
59-12-103
(1)(b);
463
(B) Subsection
59-12-103
(1)(c);
464
(C) Subsection
59-12-103
(1)(d);
465
(D) Subsection
59-12-103
(1)(e);
466
(E) Subsection
59-12-103
(1)(f);
467
(F) Subsection
59-12-103
(1)(g);
468
(G) Subsection
59-12-103
(1)(h);
469
(H) Subsection
59-12-103
(1)(i);
470
(I) Subsection
59-12-103
(1)(j); or
471
(J) Subsection
59-12-103
(1)(k).
472
(d) (i) Notwithstanding Subsection (5)(b)(i), if a tax due under this chapter on a
473
catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
474
enactment or repeal of a tax described in Subsection (5)(b)(i) takes effect:
475
(A) on the first day of a calendar quarter; and
476
(B) beginning 60 days after the effective date of the enactment or repeal under
477
Subsection (5)(b)(i).
478
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
479
the commission may by rule define the term "catalogue sale."
480
(e) (i) Except as provided in Subsection (5)(f) or (g), if, for an annexation that occurs
481
on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
482
part for an annexing area, the enactment or repeal shall take effect:
483
(A) on the first day of a calendar quarter; and
484
(B) after a 90-day period beginning on the date the commission receives notice meeting
485
the requirements of Subsection (5)(e)(ii) from the city or town that annexes the annexing area.
486
(ii) The notice described in Subsection (5)(e)(i)(B) shall state:
487
(A) that the annexation described in Subsection (5)(e)(i) will result in an enactment or
488
repeal a tax under this part for the annexing area;
489
(B) the statutory authority for the tax described in Subsection (5)(e)(ii)(A);
490
(C) the effective date of the tax described in Subsection (5)(e)(ii)(A); and
491
(D) the rate of the tax described in Subsection (5)(e)(ii)(A).
492
(f) (i) Notwithstanding Subsection (5)(e)(i), for a transaction described in Subsection
493
(5)(f)(iii), the enactment of a tax shall take effect on the first day of the first billing period:
494
(A) that begins after the effective date of the imposition of the tax; and
495
(B) if the billing period for the transaction begins before the effective date of the
496
enactment of the tax under this section.
497
(ii) Notwithstanding Subsection (5)(e)(i), for a transaction described in Subsection
498
(5)(f)(iii), the repeal of a tax shall take effect on the first day of the last billing period:
499
(A) that began before the effective date of the repeal of the tax; and
500
(B) if the billing period for the transaction begins before the effective date of the repeal
501
of the tax imposed under this section.
502
(iii) Subsections (5)(f)(i) and (ii) apply to transactions subject to a tax under:
503
(A) Subsection
59-12-103
(1)(b);
504
(B) Subsection
59-12-103
(1)(c);
505
(C) Subsection
59-12-103
(1)(d);
506
(D) Subsection
59-12-103
(1)(e);
507
(E) Subsection
59-12-103
(1)(f);
508
(F) Subsection
59-12-103
(1)(g);
509
(G) Subsection
59-12-103
(1)(h);
510
(H) Subsection
59-12-103
(1)(i);
511
(I) Subsection
59-12-103
(1)(j); or
512
(J) Subsection
59-12-103
(1)(k).
513
(g) (i) Notwithstanding Subsection (5)(e)(i), if a tax due under this chapter on a
514
catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an
515
enactment or repeal of a tax described in Subsection (5)(e)(i) takes effect:
516
(A) on the first day of a calendar quarter; and
517
(B) beginning 60 days after the effective date of the enactment or repeal under
518
Subsection (5)(e)(i).
519
(ii) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
520
the commission may by rule define the term "catalogue sale."
521
(6) (a) Before a city or town legislative body submits an opinion question to the
522
residents of the city or town under Subsection (1)(a)(i), the city or town legislative body shall:
523
(i) submit to the county legislative body in which the city or town is located a written
524
notice of the intent to submit the opinion question to the residents of the city or town; and
525
(ii) receive from the county legislative body:
526
(A) a written resolution passed by the county legislative body stating that the county
527
legislative body is not seeking to impose a tax under Part 7, County Option Funding for
528
Botanical, Cultural, Recreational, and Zoological Organizations or Facilities; or
529
(B) a written statement that in accordance with Subsection (6)(b) the results of a county
530
opinion question submitted to the residents of the county under Part 7, County Option Funding
531
for Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, permit the city
532
or town legislative body to submit the opinion question to the residents of the city or town in
533
accordance with this part.
534
(b) (i) Within 60 days after the day the county legislative body receives from a city or
535
town legislative body described in Subsection (6)(a) the notice of the intent to submit an
536
opinion question to the residents of the city or town, the county legislative body shall provide
537
the city or town legislative body:
538
(A) the written resolution described in Subsection (6)(a)(ii)(A); or
539
(B) written notice that the county legislative body will submit an opinion question to
540
the residents of the county under Part 7, County Option Funding for Botanical, Cultural,
541
Recreational, and Zoological Organizations or Facilities, for the county to impose a tax under
542
that part.
543
(ii) If the county legislative body provides the city or town legislative body the written
544
notice that the county legislative body will submit an opinion question as provided in
545
Subsection (6)(b)(i)(B), the county legislative body shall submit the opinion question by no
546
later than, from the date the county legislative body sends the written notice, the later of:
547
(A) a 12-month period;
548
(B) the next regular primary election; or
549
(C) the next regular general election.
550
(iii) Within 30 days of the date of the canvass of the election at which the opinion
551
question under Subsection (6)(b)(ii) is voted on, the county legislative body shall provide the
552
city or town legislative body described in Subsection (6)(a) written results of the opinion
553
question submitted by the county legislative body under Part 7, County Option Funding for
554
Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, indicating that:
555
(A) (I) the city or town legislative body may not impose a tax under this part because a
556
majority of the county's registered voters voted in favor of the county imposing the tax and the
557
county legislative body by a majority vote approved the imposition of the tax; or
558
(II) for at least 12 months from the date the written results are submitted to the city or
559
town legislative body, the city or town legislative body may not submit to the county legislative
560
body a written notice of the intent to submit an opinion question under this part because a
561
majority of the county's registered voters voted against the county imposing the tax and the
562
majority of the registered voters who are residents of the city or town described in Subsection
563
(6)(a) voted against the imposition of the county tax; or
564
(B) the city or town legislative body may submit the opinion question to the residents
565
of the city or town in accordance with this part because although a majority of the county's
566
registered voters voted against the county imposing the tax, the majority of the registered voters
567
who are residents of the city or town voted for the imposition of the county tax.
568
(c) Notwithstanding Subsection (6)(b), at any time a county legislative body may
569
provide a city or town legislative body described in Subsection (6)(a) a written resolution
570
passed by the county legislative body stating that the county legislative body is not seeking to
571
impose a tax under Part 7, County Option Funding for Botanical, Cultural, Recreational, and
572
Zoological Organizations or Facilities, which permits the city or town legislative body to
573
submit under Subsection (1)(a)(i) an opinion question to the city's or town's residents.
574
Section 6. Effective date.
575
This bill takes effect on May 3, 2004, except that the amendments to Sections
576
59-12-703
(Effective 07/01/04) and
59-12-1402
(Effective 07/01/04) take effect on July 1,
577
2004.