Representative Johnny Anderson proposes the following substitute bill:


1     
TRANSPORTATION FUNDING REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Johnny Anderson

5     
Senate Sponsor: Alvin B. Jackson

6     

7     LONG TITLE
8     General Description:
9           This bill modifies provisions relating to transportation funding.
10     Highlighted Provisions:
11          This bill:
12          ▸      modifies state sales and use tax earmarks for transportation;
13          ▸     requires the Division of Finance to annually transfer a certain amount of revenue
14     from the Transportation Fund to the Transportation Investment Fund of 2005; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          This bill appropriates in fiscal year 2017:
18          ▸     to Transportation - Transportation Investment Fund of 2005, as an ongoing
19     appropriation:
20               •     from the Transportation Fund, ($76,633,600);
21               •     from Revenue Transfers, ($6,000,000).
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:

26          59-12-103, as last amended by Laws of Utah 2015, Chapter 283
27          59-12-1201, as last amended by Laws of Utah 2012, Chapter 121
28          63N-2-512, as last amended by Laws of Utah 2015, Chapter 417 and renumbered and
29     amended by Laws of Utah 2015, Chapter 283
30          72-2-106, as last amended by Laws of Utah 2010, Chapter 278
31          72-2-107, as last amended by Laws of Utah 2010, Chapter 391
32          72-2-124, as last amended by Laws of Utah 2015, Chapter 421
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 59-12-103 is amended to read:
36          59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
37     tax revenues.
38          (1) A tax is imposed on the purchaser as provided in this part for amounts paid or
39     charged for the following transactions:
40          (a) retail sales of tangible personal property made within the state;
41          (b) amounts paid for:
42          (i) telecommunications service, other than mobile telecommunications service, that
43     originates and terminates within the boundaries of this state;
44          (ii) mobile telecommunications service that originates and terminates within the
45     boundaries of one state only to the extent permitted by the Mobile Telecommunications
46     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
47          (iii) an ancillary service associated with a:
48          (A) telecommunications service described in Subsection (1)(b)(i); or
49          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
50          (c) sales of the following for commercial use:
51          (i) gas;
52          (ii) electricity;
53          (iii) heat;
54          (iv) coal;
55          (v) fuel oil; or
56          (vi) other fuels;

57          (d) sales of the following for residential use:
58          (i) gas;
59          (ii) electricity;
60          (iii) heat;
61          (iv) coal;
62          (v) fuel oil; or
63          (vi) other fuels;
64          (e) sales of prepared food;
65          (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
66     user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
67     exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
68     fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
69     television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
70     driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
71     tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
72     horseback rides, sports activities, or any other amusement, entertainment, recreation,
73     exhibition, cultural, or athletic activity;
74          (g) amounts paid or charged for services for repairs or renovations of tangible personal
75     property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
76          (i) the tangible personal property; and
77          (ii) parts used in the repairs or renovations of the tangible personal property described
78     in Subsection (1)(g)(i), regardless of whether:
79          (A) any parts are actually used in the repairs or renovations of that tangible personal
80     property; or
81          (B) the particular parts used in the repairs or renovations of that tangible personal
82     property are exempt from a tax under this chapter;
83          (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
84     assisted cleaning or washing of tangible personal property;
85          (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
86     accommodations and services that are regularly rented for less than 30 consecutive days;
87          (j) amounts paid or charged for laundry or dry cleaning services;

88          (k) amounts paid or charged for leases or rentals of tangible personal property if within
89     this state the tangible personal property is:
90          (i) stored;
91          (ii) used; or
92          (iii) otherwise consumed;
93          (l) amounts paid or charged for tangible personal property if within this state the
94     tangible personal property is:
95          (i) stored;
96          (ii) used; or
97          (iii) consumed; and
98          (m) amounts paid or charged for a sale:
99          (i) (A) of a product transferred electronically; or
100          (B) of a repair or renovation of a product transferred electronically; and
101          (ii) regardless of whether the sale provides:
102          (A) a right of permanent use of the product; or
103          (B) a right to use the product that is less than a permanent use, including a right:
104          (I) for a definite or specified length of time; and
105          (II) that terminates upon the occurrence of a condition.
106          (2) (a) Except as provided in Subsections (2)(b) through (e), a state tax and a local tax
107     is imposed on a transaction described in Subsection (1) equal to the sum of:
108          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
109          (A) 4.70%; and
110          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
111     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
112     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
113     State Sales and Use Tax Act; and
114          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
115     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
116     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
117     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
118          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the

119     transaction under this chapter other than this part.
120          (b) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is imposed
121     on a transaction described in Subsection (1)(d) equal to the sum of:
122          (i) a state tax imposed on the transaction at a tax rate of 2%; and
123          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
124     transaction under this chapter other than this part.
125          (c) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax is imposed
126     on amounts paid or charged for food and food ingredients equal to the sum of:
127          (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
128     a tax rate of 1.75%; and
129          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
130     amounts paid or charged for food and food ingredients under this chapter other than this part.
131          (d) (i) For a bundled transaction that is attributable to food and food ingredients and
132     tangible personal property other than food and food ingredients, a state tax and a local tax is
133     imposed on the entire bundled transaction equal to the sum of:
134          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
135          (I) the tax rate described in Subsection (2)(a)(i)(A); and
136          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
137     Sales and Use Tax Act, if the location of the transaction as determined under Sections
138     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
139     Additional State Sales and Use Tax Act; and
140          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
141     Sales and Use Tax Act, if the location of the transaction as determined under Sections
142     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
143     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
144          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
145     described in Subsection (2)(a)(ii).
146          (ii) If an optional computer software maintenance contract is a bundled transaction that
147     consists of taxable and nontaxable products that are not separately itemized on an invoice or
148     similar billing document, the purchase of the optional computer software maintenance contract
149     is 40% taxable under this chapter and 60% nontaxable under this chapter.

150          (iii) Subject to Subsection (2)(d)(iv), for a bundled transaction other than a bundled
151     transaction described in Subsection (2)(d)(i) or (ii):
152          (A) if the sales price of the bundled transaction is attributable to tangible personal
153     property, a product, or a service that is subject to taxation under this chapter and tangible
154     personal property, a product, or service that is not subject to taxation under this chapter, the
155     entire bundled transaction is subject to taxation under this chapter unless:
156          (I) the seller is able to identify by reasonable and verifiable standards the tangible
157     personal property, product, or service that is not subject to taxation under this chapter from the
158     books and records the seller keeps in the seller's regular course of business; or
159          (II) state or federal law provides otherwise; or
160          (B) if the sales price of a bundled transaction is attributable to two or more items of
161     tangible personal property, products, or services that are subject to taxation under this chapter
162     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
163     higher tax rate unless:
164          (I) the seller is able to identify by reasonable and verifiable standards the tangible
165     personal property, product, or service that is subject to taxation under this chapter at the lower
166     tax rate from the books and records the seller keeps in the seller's regular course of business; or
167          (II) state or federal law provides otherwise.
168          (iv) For purposes of Subsection (2)(d)(iii), books and records that a seller keeps in the
169     seller's regular course of business includes books and records the seller keeps in the regular
170     course of business for nontax purposes.
171          (e) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(e)(ii)
172     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
173     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
174     of tangible personal property, other property, a product, or a service that is not subject to
175     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
176     the seller, at the time of the transaction:
177          (A) separately states the portion of the transaction that is not subject to taxation under
178     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
179          (B) is able to identify by reasonable and verifiable standards, from the books and
180     records the seller keeps in the seller's regular course of business, the portion of the transaction

181     that is not subject to taxation under this chapter.
182          (ii) A purchaser and a seller may correct the taxability of a transaction if:
183          (A) after the transaction occurs, the purchaser and the seller discover that the portion of
184     the transaction that is not subject to taxation under this chapter was not separately stated on an
185     invoice, bill of sale, or similar document provided to the purchaser because of an error or
186     ignorance of the law; and
187          (B) the seller is able to identify by reasonable and verifiable standards, from the books
188     and records the seller keeps in the seller's regular course of business, the portion of the
189     transaction that is not subject to taxation under this chapter.
190          (iii) For purposes of Subsections (2)(e)(i) and (ii), books and records that a seller keeps
191     in the seller's regular course of business includes books and records the seller keeps in the
192     regular course of business for nontax purposes.
193          (f) (i) If the sales price of a transaction is attributable to two or more items of tangible
194     personal property, products, or services that are subject to taxation under this chapter at
195     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
196     unless the seller, at the time of the transaction:
197          (A) separately states the items subject to taxation under this chapter at each of the
198     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
199          (B) is able to identify by reasonable and verifiable standards the tangible personal
200     property, product, or service that is subject to taxation under this chapter at the lower tax rate
201     from the books and records the seller keeps in the seller's regular course of business.
202          (ii) For purposes of Subsection (2)(f)(i), books and records that a seller keeps in the
203     seller's regular course of business includes books and records the seller keeps in the regular
204     course of business for nontax purposes.
205          (g) Subject to Subsections (2)(h) and (i), a tax rate repeal or tax rate change for a tax
206     rate imposed under the following shall take effect on the first day of a calendar quarter:
207          (i) Subsection (2)(a)(i)(A);
208          (ii) Subsection (2)(b)(i);
209          (iii) Subsection (2)(c)(i); or
210          (iv) Subsection (2)(d)(i)(A)(I).
211          (h) (i) A tax rate increase takes effect on the first day of the first billing period that

212     begins on or after the effective date of the tax rate increase if the billing period for the
213     transaction begins before the effective date of a tax rate increase imposed under:
214          (A) Subsection (2)(a)(i)(A);
215          (B) Subsection (2)(b)(i);
216          (C) Subsection (2)(c)(i); or
217          (D) Subsection (2)(d)(i)(A)(I).
218          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
219     statement for the billing period is rendered on or after the effective date of the repeal of the tax
220     or the tax rate decrease imposed under:
221          (A) Subsection (2)(a)(i)(A);
222          (B) Subsection (2)(b)(i);
223          (C) Subsection (2)(c)(i); or
224          (D) Subsection (2)(d)(i)(A)(I).
225          (i) (i) For a tax rate described in Subsection (2)(i)(ii), if a tax due on a catalogue sale is
226     computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
227     change in a tax rate takes effect:
228          (A) on the first day of a calendar quarter; and
229          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
230          (ii) Subsection (2)(i)(i) applies to the tax rates described in the following:
231          (A) Subsection (2)(a)(i)(A);
232          (B) Subsection (2)(b)(i);
233          (C) Subsection (2)(c)(i); or
234          (D) Subsection (2)(d)(i)(A)(I).
235          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
236     the commission may by rule define the term "catalogue sale."
237          (3) (a) The following state taxes shall be deposited into the General Fund:
238          (i) the tax imposed by Subsection (2)(a)(i)(A);
239          (ii) the tax imposed by Subsection (2)(b)(i);
240          (iii) the tax imposed by Subsection (2)(c)(i); or
241          (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
242          (b) The following local taxes shall be distributed to a county, city, or town as provided

243     in this chapter:
244          (i) the tax imposed by Subsection (2)(a)(ii);
245          (ii) the tax imposed by Subsection (2)(b)(ii);
246          (iii) the tax imposed by Subsection (2)(c)(ii); and
247          (iv) the tax imposed by Subsection (2)(d)(i)(B).
248          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
249     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
250     through (g):
251          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
252          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
253          (B) for the fiscal year; or
254          (ii) $17,500,000.
255          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
256     described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
257     Department of Natural Resources to:
258          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
259     protect sensitive plant and animal species; or
260          (B) award grants, up to the amount authorized by the Legislature in an appropriations
261     act, to political subdivisions of the state to implement the measures described in Subsections
262     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
263          (ii) Money transferred to the Department of Natural Resources under Subsection
264     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
265     person to list or attempt to have listed a species as threatened or endangered under the
266     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
267          (iii) At the end of each fiscal year:
268          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
269     Conservation and Development Fund created in Section 73-10-24;
270          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
271     Program Subaccount created in Section 73-10c-5; and
272          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
273     Program Subaccount created in Section 73-10c-5.

274          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
275     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
276     created in Section 4-18-106.
277          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
278     in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
279     Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
280     water rights.
281          (ii) At the end of each fiscal year:
282          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
283     Conservation and Development Fund created in Section 73-10-24;
284          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
285     Program Subaccount created in Section 73-10c-5; and
286          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
287     Program Subaccount created in Section 73-10c-5.
288          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
289     in Subsection (4)(a) shall be deposited in the Water Resources Conservation and Development
290     Fund created in Section 73-10-24 for use by the Division of Water Resources.
291          (ii) In addition to the uses allowed of the Water Resources Conservation and
292     Development Fund under Section 73-10-24, the Water Resources Conservation and
293     Development Fund may also be used to:
294          (A) conduct hydrologic and geotechnical investigations by the Division of Water
295     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
296     quantifying surface and ground water resources and describing the hydrologic systems of an
297     area in sufficient detail so as to enable local and state resource managers to plan for and
298     accommodate growth in water use without jeopardizing the resource;
299          (B) fund state required dam safety improvements; and
300          (C) protect the state's interest in interstate water compact allocations, including the
301     hiring of technical and legal staff.
302          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
303     in Subsection (4)(a) shall be deposited in the Utah Wastewater Loan Program Subaccount
304     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.

305          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
306     in Subsection (4)(a) shall be deposited in the Drinking Water Loan Program Subaccount
307     created in Section 73-10c-5 for use by the Division of Drinking Water to:
308          (i) provide for the installation and repair of collection, treatment, storage, and
309     distribution facilities for any public water system, as defined in Section 19-4-102;
310          (ii) develop underground sources of water, including springs and wells; and
311          (iii) develop surface water sources.
312          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
313     2006, the difference between the following amounts shall be expended as provided in this
314     Subsection (5), if that difference is greater than $1:
315          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
316     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
317          (ii) $17,500,000.
318          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
319          (A) transferred each fiscal year to the Department of Natural Resources as dedicated
320     credits; and
321          (B) expended by the Department of Natural Resources for watershed rehabilitation or
322     restoration.
323          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
324     in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
325     created in Section 73-10-24.
326          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
327     remaining difference described in Subsection (5)(a) shall be:
328          (A) transferred each fiscal year to the Division of Water Resources as dedicated
329     credits; and
330          (B) expended by the Division of Water Resources for cloud-seeding projects
331     authorized by Title 73, Chapter 15, Modification of Weather.
332          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
333     in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
334     created in Section 73-10-24.
335          (d) After making the transfers required by Subsections (5)(b) and (c), 94% of the

336     remaining difference described in Subsection (5)(a) shall be deposited into the Water
337     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
338     Division of Water Resources for:
339          (i) preconstruction costs:
340          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
341     26, Bear River Development Act; and
342          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
343     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
344          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
345     Chapter 26, Bear River Development Act;
346          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
347     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
348          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, 73-10-30, and
349     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
350          (e) After making the transfers required by Subsections (5)(b) and (c) and subject to
351     Subsection (5)(f), 6% of the remaining difference described in Subsection (5)(a) shall be
352     transferred each year as dedicated credits to the Division of Water Rights to cover the costs
353     incurred for employing additional technical staff for the administration of water rights.
354          (f) At the end of each fiscal year, any unexpended dedicated credits described in
355     Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
356     Fund created in Section 73-10-24.
357          (6) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
358     [2003] 2016, and for taxes listed under Subsection (3)(a), the amount of revenue generated by a
359     1/16% tax rate on the transactions described in Subsection (1) for the fiscal year shall be
360     deposited [in the Transportation Fund created by Section 72-2-102] into the Transportation
361     Investment Fund of 2005 created by Section 72-2-124 .
362          (7) Notwithstanding Subsection (3)(a), beginning on July 1, 2012, the Division of
363     Finance shall deposit into the Transportation Investment Fund of 2005 created in Section
364     72-2-124 a portion of the taxes listed under Subsection (3)(a) equal to the revenues generated
365     by a 1/64% tax rate on the taxable transactions under Subsection (1).
366          (8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in

367     Subsection (7), and subject to Subsection (8)(b), for a fiscal year beginning on or after July 1,
368     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
369     created by Section 72-2-124:
370          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
371     the revenues collected from the following taxes, which represents a portion of the
372     approximately 17% of sales and use tax revenues generated annually by the sales and use tax
373     on vehicles and vehicle-related products:
374          (A) the tax imposed by Subsection (2)(a)(i)(A);
375          (B) the tax imposed by Subsection (2)(b)(i);
376          (C) the tax imposed by Subsection (2)(c)(i); and
377          (D) the tax imposed by Subsection (2)(d)(i)(A)(I); plus
378          (ii) an amount equal to 30% of the growth in the amount of revenues collected in the
379     current fiscal year from the sales and use taxes described in Subsections (8)(a)(i)(A) through
380     (D) that exceeds the amount collected from the sales and use taxes described in Subsections
381     (8)(a)(i)(A) through (D) in the 2010-11 fiscal year.
382          (b) (i) Subject to Subsections (8)(b)(ii) and (iii), in any fiscal year that the portion of
383     the sales and use taxes deposited under Subsection (8)(a) represents an amount that is a total
384     lower percentage of the sales and use taxes described in Subsections (8)(a)(i)(A) through (D)
385     generated in the current fiscal year than the total percentage of sales and use taxes deposited in
386     the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
387     (8)(a) equal to the product of:
388          (A) the total percentage of sales and use taxes deposited under Subsection (8)(a) in the
389     previous fiscal year; and
390          (B) the total sales and use tax revenue generated by the taxes described in Subsections
391     (8)(a)(i)(A) through (D) in the current fiscal year.
392          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
393     Subsection (8)(a) would exceed 17% of the revenues collected from the sales and use taxes
394     described in Subsections (8)(a)(i)(A) through (D) in the current fiscal year, the Division of
395     Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
396     Subsections (8)(a)(i)(A) through (D) for the current fiscal year under Subsection (8)(a).
397          (iii) In all subsequent fiscal years after a year in which 17% of the revenues collected

398     from the sales and use taxes described in Subsections (8)(a)(i)(A) through (D) was deposited
399     under Subsection (8)(a), the Division of Finance shall annually deposit 17% of the revenues
400     collected from the sales and use taxes described in Subsections (8)(a)(i)(A) through (D) in the
401     current fiscal year under Subsection (8)(a).
402          (9) (a) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited
403     under Subsections (7) and (8), for a fiscal year beginning on or after July 1, 2012, until June 30,
404     2016, the Division of Finance shall annually deposit $90,000,000 of the revenues generated by
405     the taxes listed under Subsection (3)(a) into the Transportation Investment Fund of 2005
406     created by Section 72-2-124.
407          (b) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
408     Subsections (7) and (8), for fiscal year 2017 only, the Division of Finance shall deposit
409     $80,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
410     Transportation Investment Fund of 2005 created by Section 72-2-124.
411          (c) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
412     Subsections (7) and (8), for fiscal year 2018 only, the Division of Finance shall deposit
413     $70,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
414     Transportation Investment Fund of 2005 created by Section 72-2-124.
415          (d) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
416     Subsections (7) and (8), for fiscal year 2019 only, the Division of Finance shall deposit
417     $60,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
418     Transportation Investment Fund of 2005 created by Section 72-2-124.
419          (e) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
420     Subsections (7) and (8), for fiscal year 2020 only, the Division of Finance shall deposit
421     $50,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
422     Transportation Investment Fund of 2005 created by Section 72-2-124.
423          (f) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
424     Subsections (7) and (8), for a fiscal year beginning on or after July 1, 2020, and until
425     Subsection (9)(g) applies, the Division of Finance shall deposit $40,000,000 of the revenues
426     generated by the taxes listed under Subsection (3)(a) into the Transportation Investment Fund
427     of 2005 created by Section 72-2-124.
428          (g) (i) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under

429     Subsections (7) and (8), and except as provided in Subsection (9)(g)(iii), for a fiscal year
430     beginning on or after July 1 following the initial calendar year that the actual statewide average
431     rack price of a gallon of motor fuel, determined as described in Section 59-13-201, reaches
432     $2.45 without applying the minimum under Subsection 59-13-201(1)(b)(iii)(A), the Division of
433     Finance shall deposit a portion of the revenues generated by the taxes listed under Subsection
434     (3)(a) into the Transportation Investment Fund of 2005, created by Section 72-2-124, in an
435     amount calculated by the State Tax Commission as follows:
436          (A) $90,000,000; minus
437          (B) $50,000,000 increased as provided in Subsection (9)(g)(ii).
438          (ii) For a fiscal year beginning on or after July 1 following the initial calendar year that
439     the actual statewide average rack price of a gallon of motor fuel, determined as described in
440     Section 59-13-201, reaches $2.45 without applying the minimum under Subsection
441     59-13-201(1)(b)(iii)(A), the State Tax Commission shall increase the dollar amount described
442     in Subsection (9)(g)(i)(B):
443          (A) by a percentage equal to the percentage difference between the consumer price
444     index for the preceding calendar year and the consumer price index for the calendar year that
445     preceded the initial calendar year that the actual statewide average rack price of a gallon of
446     motor fuel, determined as described in Section 59-13-201, reaches $2.45 without applying the
447     minimum under Subsection 59-13-201(1)(b)(iii)(A); and
448          (B) up to the nearest $100 increment.
449          (iii) Notwithstanding Subsections (9)(g)(i) and (ii), if the actual statewide average rack
450     price of a gallon of motor fuel, determined as described in Section 59-13-201, reaches $2.45
451     without applying the minimum under Subsection 59-13-201(1)(b)(iii)(A) before January 1,
452     2020, the Division of Finance shall:
453          (A) make the deposits required under Subsections (9)(b) through (f); and
454          (B) begin making the deposit required in this Subsection (9)(g) in fiscal year 2022.
455          (iv) If the percentage difference under Subsection (9)(g)(ii) is zero or a negative
456     percentage, the consumer price index increase for the year is zero.
457          (v) For purposes of this Subsection (9)(g), the State Tax Commission shall calculate
458     the consumer price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
459          (10) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year

460     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
461     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
462          (11) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (11)(b),
463     and in addition to any amounts deposited under Subsections (7), (8), and (9), beginning on July
464     1, [2012] 2016, the Division of Finance shall deposit into the Transportation Investment Fund
465     of 2005 created by Section 72-2-124 the amount of tax revenue generated by a [.025%] .05%
466     tax rate on the transactions described in Subsection (1).
467          (b) For purposes of Subsection (11)(a), the Division of Finance may not deposit into
468     the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
469     charged for food and food ingredients, except for tax revenue generated by a bundled
470     transaction attributable to food and food ingredients and tangible personal property other than
471     food and food ingredients described in Subsection (2)(d).
472          [(12) (a) Notwithstanding Subsection (3)(a), and except as provided in Subsection
473     (12)(b), beginning on January 1, 2009, the Division of Finance shall deposit into the
474     Transportation Fund created by Section 72-2-102 the amount of tax revenue generated by a
475     .025% tax rate on the transactions described in Subsection (1) to be expended to address
476     chokepoints in construction management.]
477          [(b) For purposes of Subsection (12)(a), the Division of Finance may not deposit into
478     the Transportation Fund any tax revenue generated by amounts paid or charged for food and
479     food ingredients, except for tax revenue generated by a bundled transaction attributable to food
480     and food ingredients and tangible personal property other than food and food ingredients
481     described in Subsection (2)(d).]
482          [(13)] (12) Notwithstanding Subsection (3)(a), beginning the second fiscal year after
483     the fiscal year during which the Division of Finance receives notice under [Subsection] Section
484     63N-2-510[(3)] that construction on a qualified hotel, as defined in Section 63N-2-502, has
485     begun, the Division of Finance shall, for two consecutive fiscal years, annually deposit
486     $1,900,000 of the revenue generated by the taxes listed under Subsection (3)(a) into the Hotel
487     Impact Mitigation Fund, created in Section 63N-2-512.
488          [(14)] (13) Notwithstanding Subsections (4) through [(13)] (12), an amount required to
489     be expended or deposited in accordance with Subsections (4) through [(13)] (12) may not
490     include an amount the Division of Finance deposits in accordance with Section 59-12-103.2.

491          Section 2. Section 59-12-1201 is amended to read:
492          59-12-1201. Motor vehicle rental tax -- Rate -- Exemptions -- Administration,
493     collection, and enforcement of tax -- Administrative charge -- Deposits.
494          (1) (a) Except as provided in Subsection (3), there is imposed a tax of 2.5% on all
495     short-term leases and rentals of motor vehicles not exceeding 30 days.
496          (b) The tax imposed in this section is in addition to all other state, county, or municipal
497     fees and taxes imposed on rentals of motor vehicles.
498          (2) (a) Subject to Subsection (2)(b), a tax rate repeal or tax rate change for the tax
499     imposed under Subsection (1) shall take effect on the first day of a calendar quarter.
500          (b) (i) For a transaction subject to a tax under Subsection (1), a tax rate increase shall
501     take effect on the first day of the first billing period:
502          (A) that begins after the effective date of the tax rate increase; and
503          (B) if the billing period for the transaction begins before the effective date of a tax rate
504     increase imposed under Subsection (1).
505          (ii) For a transaction subject to a tax under Subsection (1), the repeal of a tax or a tax
506     rate decrease shall take effect on the first day of the last billing period:
507          (A) that began before the effective date of the repeal of the tax or the tax rate decrease;
508     and
509          (B) if the billing period for the transaction begins before the effective date of the repeal
510     of the tax or the tax rate decrease imposed under Subsection (1).
511          (3) A motor vehicle is exempt from the tax imposed under Subsection (1) if:
512          (a) the motor vehicle is registered for a gross laden weight of 12,001 or more pounds;
513          (b) the motor vehicle is rented as a personal household goods moving van; or
514          (c) the lease or rental of the motor vehicle is made for the purpose of temporarily
515     replacing a person's motor vehicle that is being repaired pursuant to a repair agreement or an
516     insurance agreement.
517          (4) (a) (i) The tax authorized under this section shall be administered, collected, and
518     enforced in accordance with:
519          (A) the same procedures used to administer, collect, and enforce the tax under Part 1,
520     Tax Collection; and
521          (B) Chapter 1, General Taxation Policies.

522          (ii) Notwithstanding Subsection (4)(a)(i), a tax under this part is not subject to
523     Subsections 59-12-103(4) through [(12)] (11) or Section 59-12-107.1 or 59-12-123.
524          (b) The commission shall retain and deposit an administrative charge in accordance
525     with Section 59-1-306 from the revenues the commission collects from a tax under this part.
526          (c) Except as provided under Subsection (4)(b), all revenue received by the
527     commission under this section shall be deposited daily with the state treasurer and credited
528     monthly to the Marda Dillree Corridor Preservation Fund under Section 72-2-117.
529          Section 3. Section 63N-2-512 is amended to read:
530          63N-2-512. Hotel Impact Mitigation Fund.
531          (1) As used in this section:
532          (a) "Affected hotel" means a hotel built in the state before July 1, 2014.
533          (b) "Direct losses" means affected hotels' losses of hotel guest business attributable to
534     the qualified hotel room supply being added to the market in the state.
535          (c) "Mitigation fund" means the Hotel Impact Mitigation Fund, created in Subsection
536     (2).
537          (2) There is created an expendable special revenue fund known as the Hotel Impact
538     Mitigation Fund.
539          (3) The mitigation fund shall:
540          (a) be administered by the board;
541          (b) earn interest; and
542          (c) be funded by:
543          (i) payments required to be deposited into the mitigation fund by the Division of
544     Finance under Subsection 59-12-103[(13)](12);
545          (ii) money required to be deposited into the mitigation fund under Subsection
546     17-31-9(2) by the county in which a qualified hotel is located; and
547          (iii) any money deposited into the mitigation fund under Subsection (6).
548          (4) Interest earned by the mitigation fund shall be deposited into the mitigation fund.
549          (5) (a) In accordance with office rules, the board shall annually pay up to $2,100,000 of
550     money in the mitigation fund:
551          (i) to affected hotels;
552          (ii) for four consecutive years, beginning 12 months after the date of initial occupancy

553     of the qualified hotel occurs; and
554          (iii) to mitigate direct losses.
555          (b) (i) If the amount the board pays under Subsection (5)(a) in any year is less than
556     $2,100,000, the board shall pay to the Stay Another Day and Bounce Back Fund, created in
557     Section 63N-2-511, the difference between $2,100,000 and the amount paid under Subsection
558     (5)(a).
559          (ii) The board shall make any required payment under Subsection (5)(b)(i) within 90
560     days after the end of the year for which a determination is made of how much the board is
561     required to pay to affected hotels under Subsection (5)(a).
562          (6) A host local government or qualified hotel owner may make payments to the
563     Division of Finance for deposit into the mitigation fund.
564          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
565     office shall, in consultation with the Utah Hotel and Lodging Association and the county in
566     which the qualified hotel is located, make rules establishing procedures and criteria governing
567     payments under Subsection (5)(a) to affected hotels.
568          Section 4. Section 72-2-106 is amended to read:
569          72-2-106. Appropriation from and transfer Transportation Fund.
570          (1) On and after July 1, 1981, there is appropriated from the Transportation Fund to the
571     use of the department an amount equal to two-elevenths of the taxes collected from the motor
572     fuel tax and the special fuel tax, exclusive of the formula amount appropriated to the B and C
573     road fund and the collector road fund, to be used for highway rehabilitation.
574          (2) For a fiscal year beginning on or after July 1, 2016, the Division of Finance shall
575     annually transfer an amount equal to the amount of revenue generated by a tax imposed on
576     motor and special fuel that is sold, used, or received for sale or used in this state at a rate of
577     2-3/4 cents per gallon to the Transportation Investment Fund of 2005 created by Section
578     72-2-214.
579          Section 5. Section 72-2-107 is amended to read:
580          72-2-107. Appropriation from Transportation Fund -- Deposit in class B and
581     class C roads account.
582          (1) There is appropriated to the department from the Transportation Fund annually an
583     amount equal to 30% of an amount which the director of finance shall compute in the

584     following manner: The total revenue deposited into the Transportation Fund during the fiscal
585     year from state highway-user taxes and fees, minus[: (a)] those amounts appropriated or
586     transferred from the Transportation Fund during the same fiscal year to:
587          [(i)] (a) the Department of Public Safety;
588          [(ii)] (b) the State Tax Commission;
589          [(iii)] (c) the Division of Finance;
590          [(iv)] (d) the Utah Travel Council; and
591          [(v)] (e) any other amounts appropriated or transferred for any other state agencies not
592     a part of the department[; and].
593          [(b) the amount of sales and use tax revenue deposited in the Transportation Fund in
594     accordance with Section 59-12-103.]
595          (2) (a) Except as provided in Subsection (2)(b), all of this money shall be placed in an
596     account to be known as the Class B and class C roads account to be used as provided in this
597     title.
598          (b) The director of finance shall annually transfer $500,000 of the amount calculated
599     under Subsection (1) to the department as dedicated credits for the State Park Access Highways
600     Improvement Program created in Section 72-3-207.
601          (3) Each quarter of every year the director of finance shall make the necessary
602     accounting entries to transfer the money appropriated under this section to the class B and class
603     C roads account.
604          (4) The funds in the class B and class C roads account shall be expended under the
605     direction of the department as the Legislature shall provide.
606          Section 6. Section 72-2-124 is amended to read:
607          72-2-124. Transportation Investment Fund of 2005.
608          (1) There is created a capital projects fund entitled the Transportation Investment Fund
609     of 2005.
610          (2) The fund consists of money generated from the following sources:
611          (a) any voluntary contributions received for the maintenance, construction,
612     reconstruction, or renovation of state and federal highways;
613          (b) appropriations made to the fund by the Legislature;
614          (c) the sales and use tax revenues deposited into the fund in accordance with Section

615     59-12-103; [and]
616          (d) registration fees designated under Section 41-1a-1201[.]; and
617          (e) revenues transferred to the fund in accordance with Section 72-2-106.
618          (3) (a) The fund shall earn interest.
619          (b) All interest earned on fund money shall be deposited into the fund.
620          (4) (a) Except as provided in Subsection (4)(b), the executive director may use fund
621     money only to pay:
622          (i) the costs of maintenance, construction, reconstruction, or renovation to state and
623     federal highways prioritized by the Transportation Commission through the prioritization
624     process for new transportation capacity projects adopted under Section 72-1-304;
625          (ii) the costs of maintenance, construction, reconstruction, or renovation to the highway
626     projects described in Subsections 63B-18-401(2), (3), and (4);
627          (iii) principal, interest, and issuance costs of bonds authorized by Section 63B-18-401
628     minus the costs paid from the County of the First Class Highway Projects Fund in accordance
629     with Subsection 72-2-121(4)(f);
630          (iv) for a fiscal year beginning on or after July 1, 2013, to transfer to the 2010 Salt
631     Lake County Revenue Bond Sinking Fund created by Section 72-2-121.3 the amount certified
632     by Salt Lake County in accordance with Subsection 72-2-121.3(4)(c) as necessary to pay the
633     debt service on $30,000,000 of the revenue bonds issued by Salt Lake County;
634          (v) principal, interest, and issuance costs of bonds authorized by Section 63B-16-101
635     for projects prioritized in accordance with Section 72-2-125;
636          (vi) all highway general obligation bonds that are intended to be paid from revenues in
637     the Centennial Highway Fund created by Section 72-2-118; and
638          (vii) for fiscal year 2015-16 only, to transfer $25,000,000 to the County of the First
639     Class Highway Projects Fund created in Section 72-2-121 to be used for the purposes described
640     in Section 72-2-121.
641          (b) The executive director may use fund money to exchange for an equal or greater
642     amount of federal transportation funds to be used as provided in Subsection (4)(a).
643          (5) (a) Before bonds authorized by Section 63B-18-401 may be issued in any fiscal
644     year, the department and the commission shall appear before the Executive Appropriations
645     Committee of the Legislature and present the amount of bond proceeds that the department

646     needs to provide funding for the projects identified in Subsections 63B-18-401(2), (3), and (4)
647     for the next fiscal year.
648          (b) The Executive Appropriations Committee of the Legislature shall review and
649     comment on the amount of bond proceeds needed to fund the projects.
650          (6) The Division of Finance shall, from money deposited into the fund, transfer the
651     amount of funds necessary to pay principal, interest, and issuance costs of bonds authorized by
652     Section 63B-18-401 in the current fiscal year to the appropriate debt service or sinking fund.
653          (7) (a) The commission shall develop prior to June 30, 2015, a funding plan and
654     identify a highway construction program using the prioritization process for new transportation
655     capacity projects adopted under Section 72-1-304 that meets long-term transportation needs
656     beyond the normal four year programming horizon.
657          (b) The commission shall report the plan and program established under Subsection
658     (7)(a) to the Transportation Interim Committee of the Legislature by no later than September
659     30, 2015.
660          Section 7. Appropriation.
661          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
662     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
663     are appropriated from resources not otherwise appropriated, or reduced from amounts
664     previously appropriated, out of the funds or amounts indicated. These sums of money are in
665     addition to amounts previously appropriated for fiscal year 2017.
666          To Transportation - Transportation Investment Fund of 2005
667               From Transportation Fund
($76,633,600)

668               From Revenue Transfers
($6,000,000)

669          The Legislature intends that the Department of Transportation discontinue the practice
670     of transferring the revenue from the 1997 motor fuel tax increase and $6,000,000 in department
671     efficiencies from the Transportation Fund to the Transportation Investment Fund of 2005 on
672     July 1, 2016.
673          Section 8. Effective date.
674          This bill takes effect on July 1, 2016.