S.B. 137 Enrolled

TOURISM, RECREATION, CULTURAL, AND
CONVENTION FACILITIES TAX
AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Howard A. Stephenson
House Sponsor: Todd E. Kiser

LONG TITLE
General Description:
This bill amends the Tourism, Recreation, Cultural, and Convention Facilities Tax part
to address the expenditure of revenues generated by a tax under that part.
Highlighted Provisions:
This bill:
. requires a county of the first class to expend a certain amount of revenue from the
imposition of a tax on certain accommodations and services under the Tourism,
Recreation, Cultural, and Convention Facilities Tax part to fund a marketing and
ticketing system designed for tourism promotion for ski areas within the county; and
. makes technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on July 1, 2005.
Utah Code Sections Affected:
AMENDS:
59-12-603, as last amended by Chapters 156 and 255, Laws of Utah 2004

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 59-12-603 is amended to read:

59-12-603. County tax -- Bases -- Rates -- Use of revenues -- Collection -- Adoption
of ordinance required -- Administration -- Distribution -- Enactment or repeal of tax or tax
rate change -- Effective date -- Notice requirements.
(1) In addition to any other taxes, a county legislative body may, as provided in this part,
impose a tax as follows:
(a) (i) a county legislative body of any county may impose a tax of not to exceed 3% on
all short-term leases and rentals of motor vehicles not exceeding 30 days, except for leases and
rentals of motor vehicles made for the purpose of temporarily replacing a person's motor vehicle
that is being repaired pursuant to a repair or an insurance agreement; and
(ii) beginning on or after January 1, 1999, a county legislative body of any county
imposing a tax under Subsection (1)(a)(i) may, in addition to imposing the tax under Subsection
(1)(a)(i), impose a tax of not to exceed 4% on all short-term leases and rentals of motor vehicles
not exceeding 30 days, except for leases and rentals of motor vehicles made for the purpose of
temporarily replacing a person's motor vehicle that is being repaired pursuant to a repair or an
insurance agreement;
(b) a county legislative body of any county may impose a tax of not to exceed 1% of all
sales of prepared foods and beverages that are sold by restaurants; and
(c) a county legislative body of any county may impose a tax of not to exceed .5% on
charges for the accommodations and services described in Subsection 59-12-103 (1)(i).
(2) (a) [The revenue] Subject to Subsection (2)(b), revenue from the imposition of the
taxes provided for in Subsections (1)(a) through (c) may be used for the purposes of:
(i) financing tourism promotion[,]; and
(ii) the development, operation, and maintenance of tourist, recreation, cultural, and
convention facilities as defined in Section 59-12-602 .
(b) A county of the first class shall expend at least $450,000 each year of the revenues
from the imposition of a tax authorized by Subsection (1)(c) within the county to fund a
marketing and ticketing system designed to:
(i) promote tourism in ski areas within the county by persons that do not reside within the

state; and
(ii) combine the sale of:
(A) ski lift tickets; and
(B) accommodations and services described in Subsection 59-12-103 (1)(i).
(3) The tax imposed under Subsection (1)(c) shall be in addition to the tax imposed
under Part 3, Transient Room Tax, and may be imposed only by a county of the first class.
(4) A tax imposed under this part may be pledged as security for bonds, notes, or other
evidences of indebtedness incurred by a county under Title 11, Chapter 14, Utah Municipal Bond
Act, to finance tourism, recreation, cultural, and convention facilities.
(5) (a) In order to impose the tax under Subsection (1), each county legislative body shall
annually adopt an ordinance imposing the tax.
(b) The ordinance under Subsection (5)(a) shall include provisions substantially the same
as those contained in Part 1, Tax Collection, except that the tax shall be imposed only on those
items and sales described in Subsection (1).
(c) The name of the county as the taxing agency shall be substituted for that of the state
where necessary, and an additional license is not required if one has been or is issued under
Section 59-12-106 .
(6) In order to maintain in effect its tax ordinance adopted under this part, each county
legislative body shall, within 30 days of any amendment of any applicable provisions of Part 1,
Tax Collection, adopt amendments to its tax ordinance to conform with the applicable
amendments to Part 1, Tax Collection.
(7) (a) (i) Except as provided in Subsection (7)(a)(ii), a tax authorized under this part
shall be administered, collected, and enforced in accordance with:
(A) the same procedures used to administer, collect, and enforce the tax under:
(I) Part 1, Tax Collection; or
(II) Part 2, Local Sales and Use Tax Act; and
(B) Chapter 1, General Taxation Policies.
(ii) Notwithstanding Subsection (7)(a)(i), a tax under this part is not subject to:

(A) Sections 59-12-107.1 through 59-12-107.3 ;
(B) Subsections 59-12-205 (2) through (9); or
(C) Sections 59-12-207.1 through 59-12-207.4 .
(b) Except as provided in Subsection (7)(c):
(i) for a tax under this part other than the tax under Subsection (1)(a)(ii), the commission
shall distribute the revenues to the county imposing the tax; and
(ii) for a tax under Subsection (1)(a)(ii), the commission shall distribute the revenues
according to the distribution formula provided in Subsection (8).
(c) Notwithstanding Subsection (7)(b), the commission shall deduct from the
distributions under Subsection (7)(b) an administrative charge for collecting the tax as provided
in Section 59-12-206 .
(8) The commission shall distribute the revenues generated by the tax under Subsection
(1)(a)(ii) to each county collecting a tax under Subsection (1)(a)(ii) according to the following
formula:
(a) the commission shall distribute 70% of the revenues based on the percentages
generated by dividing the revenues collected by each county under Subsection (1)(a)(ii) by the
total revenues collected by all counties under Subsection (1)(a)(ii); and
(b) the commission shall distribute 30% of the revenues based on the percentages
generated by dividing the population of each county collecting a tax under Subsection (1)(a)(ii)
by the total population of all counties collecting a tax under Subsection (1)(a)(ii).
(9) (a) For purposes of this Subsection (9):
(i) "Annexation" means an annexation to a county under Title 17, Chapter 2, Annexation
to County.
(ii) "Annexing area" means an area that is annexed into a county.
(b) (i) Except as provided in Subsection (9)(c), if, on or after July 1, 2004, a county
enacts or repeals a tax or changes the rate of a tax under this part, the enactment, repeal, or
change shall take effect:
(A) on the first day of a calendar quarter; and

(B) after a 90-day period beginning on the date the commission receives notice meeting
the requirements of Subsection (9)(b)(ii) from the county.
(ii) The notice described in Subsection (9)(b)(i)(B) shall state:
(A) that the county will enact or repeal a tax or change the rate of a tax under this part;
(B) the statutory authority for the tax described in Subsection (9)(b)(ii)(A);
(C) the effective date of the tax described in Subsection (9)(b)(ii)(A); and
(D) if the county enacts the tax or changes the rate of the tax described in Subsection
(9)(b)(ii)(A), the rate of the tax.
(c) (i) Notwithstanding Subsection (9)(b)(i), for a transaction described in Subsection
(9)(c)(iii), the enactment of a tax or a tax rate increase shall take effect on the first day of the first
billing period:
(A) that begins after the effective date of the enactment of the tax or the tax rate increase;
and
(B) if the billing period for the transaction begins before the effective date of the
enactment of the tax or the tax rate increase imposed under Subsection (1).
(ii) Notwithstanding Subsection (9)(b)(i), for a transaction described in Subsection
(9)(c)(iii), the repeal of a tax or a tax rate decrease shall take effect on the first day of the last
billing period:
(A) that began before the effective date of the repeal of the tax or the tax rate decrease;
and
(B) if the billing period for the transaction begins before the effective date of the repeal
of the tax or the tax rate decrease imposed under Subsection (1).
(iii) Subsections (9)(c)(i) and (ii) apply to transactions subject to a tax under:
(A) Subsection 59-12-103 (1)(e);
(B) Subsection 59-12-103 (1)(i); or
(C) Subsection 59-12-103 (1)(k).
(d) (i) Except as provided in Subsection (9)(e), if, for an annexation that occurs on or
after July 1, 2004, the annexation will result in the enactment, repeal, or change in the rate of a

tax under this part for an annexing area, the enactment, repeal, or change shall take effect:
(A) on the first day of a calendar quarter; and
(B) after a 90-day period beginning on the date the commission receives notice meeting
the requirements of Subsection (9)(d)(ii) from the county that annexes the annexing area.
(ii) The notice described in Subsection (9)(d)(i)(B) shall state:
(A) that the annexation described in Subsection (9)(d)(i) will result in an enactment,
repeal, or change in the rate of a tax under this part for the annexing area;
(B) the statutory authority for the tax described in Subsection (9)(d)(ii)(A);
(C) the effective date of the tax described in Subsection (9)(d)(ii)(A); and
(D) if the county enacts the tax or changes the rate of the tax described in Subsection
(9)(d)(ii)(A), the rate of the tax.
(e) (i) Notwithstanding Subsection (9)(d)(i), for a transaction described in Subsection
(9)(e)(iii), the enactment of a tax or a tax rate increase shall take effect on the first day of the first
billing period:
(A) that begins after the effective date of the enactment of the tax or the tax rate increase;
and
(B) if the billing period for the transaction begins before the effective date of the
enactment of the tax or the tax rate increase imposed under Subsection (1).
(ii) Notwithstanding Subsection (9)(d)(i), for a transaction described in Subsection
(9)(e)(iii), the repeal of a tax or a tax rate decrease shall take effect on the first day of the last
billing period:
(A) that began before the effective date of the repeal of the tax or the tax rate decrease;
and
(B) if the billing period for the transaction begins before the effective date of the repeal
of the tax or the tax rate decrease imposed under Subsection (1).
(iii) Subsections (9)(e)(i) and (ii) apply to transactions subject to a tax under:
(A) Subsection 59-12-103 (1)(e);
(B) Subsection 59-12-103 (1)(i); or

(C) Subsection 59-12-103 (1)(k).
Section 2. Effective date.
This bill takes effect on July 1, 2005.