1     
STATE INCOME AND SALES TAX REDUCTION

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike Schultz

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the state individual income tax rate and the state sales and use tax
10     rate.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies the state individual income tax rate and the state sales and use tax rate; and
14          ▸     requires the Division of Finance to deposit .45% of certain state sales and use tax
15     revenue into the Income and Sales Tax Growth Account.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20          This bill provides retrospective operation.
21     Utah Code Sections Affected:
22     REPEALS AND REENACTS:
23          59-10-104, as last amended by Laws of Utah 2008, Chapter 389
24          59-12-103, as last amended by Laws of Utah 2017, Chapters 234, 421, and 422
25          59-12-103.2, as last amended by Laws of Utah 2013, Chapter 150
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 59-10-104 is repealed and reenacted to read:
29          59-10-104. Tax basis -- Tax rate -- Exemption.
30          (1) For taxable years beginning on or after January 1, 2008, a tax is imposed on the
31     state taxable income of a resident individual as provided in this section.
32          (2) For purposes of Subsection (1), for a taxable year, the tax is an amount equal to the
33     product of:
34          (a) the resident individual's state taxable income for that taxable year; and
35          (b) 5%.
36          (3) This section does not apply to a resident individual exempt from taxation under
37     Section 59-10-104.1.
38          Section 2. Section 59-12-103 is repealed and reenacted to read:
39          59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
40     tax revenues.
41          (1) A tax is imposed on the purchaser as provided in this part on the purchase price or
42     sales price for amounts paid or charged for the following transactions:
43          (a) retail sales of tangible personal property made within the state;
44          (b) amounts paid for:
45          (i) telecommunications service, other than mobile telecommunications service, that
46     originates and terminates within the boundaries of this state;
47          (ii) mobile telecommunications service that originates and terminates within the
48     boundaries of one state only to the extent permitted by the Mobile Telecommunications
49     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
50          (iii) an ancillary service associated with a:
51          (A) telecommunications service described in Subsection (1)(b)(i); or
52          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
53          (c) sales of the following for commercial use:
54          (i) gas;
55          (ii) electricity;
56          (iii) heat;
57          (iv) coal;
58          (v) fuel oil; or

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

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

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

152     is 40% taxable under this chapter and 60% nontaxable under this chapter.
153          (iii) Subject to Subsection (2)(d)(iv), for a bundled transaction other than a bundled
154     transaction described in Subsection (2)(d)(i) or (ii):
155          (A) if the sales price of the bundled transaction is attributable to tangible personal
156     property, a product, or a service that is subject to taxation under this chapter and tangible
157     personal property, a product, or service that is not subject to taxation under this chapter, the
158     entire bundled transaction is subject to taxation under this chapter unless:
159          (I) the seller is able to identify by reasonable and verifiable standards the tangible
160     personal property, product, or service that is not subject to taxation under this chapter from the
161     books and records the seller keeps in the seller's regular course of business; or
162          (II) state or federal law provides otherwise; or
163          (B) if the sales price of a bundled transaction is attributable to two or more items of
164     tangible personal property, products, or services that are subject to taxation under this chapter
165     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
166     higher tax rate unless:
167          (I) the seller is able to identify by reasonable and verifiable standards the tangible
168     personal property, product, or service that is subject to taxation under this chapter at the lower
169     tax rate from the books and records the seller keeps in the seller's regular course of business; or
170          (II) state or federal law provides otherwise.
171          (iv) For purposes of Subsection (2)(d)(iii), books and records that a seller keeps in the
172     seller's regular course of business includes books and records the seller keeps in the regular
173     course of business for nontax purposes.
174          (e) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(e)(ii)
175     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
176     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
177     of tangible personal property, other property, a product, or a service that is not subject to
178     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
179     the seller, at the time of the transaction:
180          (A) separately states the portion of the transaction that is not subject to taxation under
181     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
182          (B) is able to identify by reasonable and verifiable standards, from the books and

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

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

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

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

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

338          (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
339     remaining difference described in Subsection (5)(a) shall be deposited into the Water
340     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
341     Division of Water Resources for:
342          (i) preconstruction costs:
343          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
344     26, Bear River Development Act; and
345          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
346     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
347          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
348     Chapter 26, Bear River Development Act;
349          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
350     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
351          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
352     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
353          (e) After making the transfers required by Subsections (5)(b) and (c) and subject to
354     Subsection (5)(f), 15% of the remaining difference described in Subsection (5)(a) shall be
355     transferred each year as dedicated credits to the Division of Water Rights to cover the costs
356     incurred for employing additional technical staff for the administration of water rights.
357          (f) At the end of each fiscal year, any unexpended dedicated credits described in
358     Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
359     Fund created in Section 73-10-24.
360          (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
361     amount of revenue generated by a 1/16% tax rate on the transactions described in Subsection
362     (1) for the fiscal year shall be deposited as follows:
363          (a) for fiscal year 2016-17 only, 100% of the revenue described in this Subsection (6)
364     shall be deposited into the Transportation Investment Fund of 2005 created by Section
365     72-2-124;
366          (b) for fiscal year 2017-18 only:
367          (i) 80% of the revenue described in this Subsection (6) shall be deposited into the
368     Transportation Investment Fund of 2005 created by Section 72-2-124; and

369          (ii) 20% of the revenue described in this Subsection (6) shall be deposited into the
370     Water Infrastructure Restricted Account created by Section 73-10g-103;
371          (c) for fiscal year 2018-19 only:
372          (i) 60% of the revenue described in this Subsection (6) shall be deposited into the
373     Transportation Investment Fund of 2005 created by Section 72-2-124; and
374          (ii) 40% of the revenue described in this Subsection (6) shall be deposited into the
375     Water Infrastructure Restricted Account created by Section 73-10g-103;
376          (d) for fiscal year 2019-20 only:
377          (i) 40% of the revenue described in this Subsection (6) shall be deposited into the
378     Transportation Investment Fund of 2005 created by Section 72-2-124; and
379          (ii) 60% of the revenue described in this Subsection (6) shall be deposited into the
380     Water Infrastructure Restricted Account created by Section 73-10g-103;
381          (e) for fiscal year 2020-21 only:
382          (i) 20% of the revenue described in this Subsection (6) shall be deposited into the
383     Transportation Investment Fund of 2005 created by Section 72-2-124; and
384          (ii) 80% of the revenue described in this Subsection (6) shall be deposited into the
385     Water Infrastructure Restricted Account created by Section 73-10g-103; and
386          (f) for a fiscal year beginning on or after July 1, 2021, 100% of the revenue described
387     in this Subsection (6) shall be deposited into the Water Infrastructure Restricted Account
388     created by Section 73-10g-103.
389          (7) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
390     Subsection (6), and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
391     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
392     created by Section 72-2-124:
393          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
394     the revenues collected from the following taxes, which represents a portion of the
395     approximately 17% of sales and use tax revenues generated annually by the sales and use tax
396     on vehicles and vehicle-related products:
397          (A) the tax imposed by Subsection (2)(a)(i)(A);
398          (B) the tax imposed by Subsection (2)(b)(i);
399          (C) the tax imposed by Subsection (2)(c)(i); and

400          (D) the tax imposed by Subsection (2)(d)(i)(A)(I); plus
401          (ii) an amount equal to 30% of the growth in the amount of revenues collected in the
402     current fiscal year from the sales and use taxes described in Subsections (7)(a)(i)(A) through
403     (D) that exceeds the amount collected from the sales and use taxes described in Subsections
404     (7)(a)(i)(A) through (D) in the 2010-11 fiscal year.
405          (b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of
406     the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
407     lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through (D)
408     generated in the current fiscal year than the total percentage of sales and use taxes deposited in
409     the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
410     (7)(a) equal to the product of:
411          (A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
412     previous fiscal year; and
413          (B) the total sales and use tax revenue generated by the taxes described in Subsections
414     (7)(a)(i)(A) through (D) in the current fiscal year.
415          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
416     Subsection (7)(a) would exceed 17% of the revenues collected from the sales and use taxes
417     described in Subsections (7)(a)(i)(A) through (D) in the current fiscal year, the Division of
418     Finance shall deposit 17% of the revenues collected from the sales and use taxes described in
419     Subsections (7)(a)(i)(A) through (D) for the current fiscal year under Subsection (7)(a).
420          (iii) In all subsequent fiscal years after a year in which 17% of the revenues collected
421     from the sales and use taxes described in Subsections (7)(a)(i)(A) through (D) was deposited
422     under Subsection (7)(a), the Division of Finance shall annually deposit 17% of the revenues
423     collected from the sales and use taxes described in Subsections (7)(a)(i)(A) through (D) in the
424     current fiscal year under Subsection (7)(a).
425          (8) (a) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited
426     under Subsections (6) and (7), for the 2016-17 fiscal year only, the Division of Finance shall
427     deposit $64,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into
428     the Transportation Investment Fund of 2005 created by Section 72-2-124.
429          (b) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
430     Subsections (6) and (7), for the 2017-18 fiscal year only, the Division of Finance shall deposit

431     $63,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
432     Transportation Investment Fund of 2005 created by Section 72-2-124.
433          (c) (i) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
434     Subsections (6) and (7), and subject to Subsection (8)(c)(ii), for a fiscal year beginning on or
435     after July 1, 2018, the commission shall annually deposit into the Transportation Investment
436     Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under Subsection (3)(a)
437     in an amount equal to 3.68% of the revenues collected from the following taxes:
438          (A) the tax imposed by Subsection (2)(a)(i)(A);
439          (B) the tax imposed by Subsection (2)(b)(i);
440          (C) the tax imposed by Subsection (2)(c)(i); and
441          (D) the tax imposed by Subsection (2)(d)(i)(A)(I).
442          (ii) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
443     reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(c)(i)
444     by an amount that is equal to 35% of the amount of revenue generated in the current fiscal year
445     by the portion of the tax imposed on motor and special fuel that is sold, used, or received for
446     sale or use in this state that exceeds 29.4 cents per gallon.
447          (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
448     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
449     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
450          (10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(c),
451     in addition to any amounts deposited under Subsections (6), (7), and (8), and for the 2016-17
452     fiscal year only, the Division of Finance shall deposit into the Transportation Investment Fund
453     of 2005 created by Section 72-2-124 the amount of tax revenue generated by a .05% tax rate on
454     the transactions described in Subsection (1).
455          (b) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(c), and in
456     addition to any amounts deposited under Subsections (6), (7), and (8), the Division of Finance
457     shall deposit into the Transportation Investment Fund of 2005 created by Section 72-2-124 the
458     amount of revenue described as follows:
459          (i) for fiscal year 2017-18 only, 83.33% of the amount of revenue generated by a .05%
460     tax rate on the transactions described in Subsection (1);
461          (ii) for fiscal year 2018-19 only, 66.67% of the amount of revenue generated by a .05%

462     tax rate on the transactions described in Subsection (1);
463          (iii) for fiscal year 2019-20 only, 50% of the amount of revenue generated by a .05%
464     tax rate on the transactions described in Subsection (1);
465          (iv) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a
466     .05% tax rate on the transactions described in Subsection (1); and
467          (v) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
468     tax rate on the transactions described in Subsection (1).
469          (c) For purposes of Subsections (10)(a) and (b), the Division of Finance may not
470     deposit into the Transportation Investment Fund of 2005 any tax revenue generated by amounts
471     paid or charged for food and food ingredients, except for tax revenue generated by a bundled
472     transaction attributable to food and food ingredients and tangible personal property other than
473     food and food ingredients described in Subsection (2)(d).
474          (11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
475     fiscal year during which the Division of Finance receives notice under Section 63N-2-510 that
476     construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the Division of
477     Finance shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue
478     generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund,
479     created in Section 63N-2-512.
480          (12) (a) Notwithstanding Subsection (3)(a), for the 2016-17 fiscal year only, the
481     Division of Finance shall deposit $26,000,000 of the revenues generated by the taxes listed
482     under Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.
483          (b) Notwithstanding Subsection (3)(a), for the 2017-18 fiscal year only, the Division of
484     Finance shall deposit $27,000,000 of the revenues generated by the taxes listed under
485     Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.
486          (13) Notwithstanding Subsections (4) through (12) and (14), an amount required to be
487     expended or deposited in accordance with Subsections (4) through (12) and (14) may not
488     include an amount the Division of Finance deposits in accordance with Section 59-12-103.2.
489          (14) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
490     2019, the Division of Finance shall deposit into the Income and Sales Tax Growth Account
491     created in Section 63J-1-316 the amount of tax that is:
492          (a) collected from a .45% tax rate on the transactions described in Subsection (1) that

493     are subject to the state sales and use tax under Subsection 59-12-103(2)(a)(i)(A); and
494          (b) not subject to Subsections (4) through (12).
495          Section 3. Section 59-12-103.2 is repealed and reenacted to read:
496          59-12-103.2. Definitions -- Remote Sales Restricted Account -- Creation --
497     Funding for account -- Interest -- Division of Finance accounting.
498          (1) As used in this section:
499          (a) "Additional state revenue collected from remote sellers" means the state revenue
500     generated by a .45% tax rate the commission collects under Section 59-12-103.1 for a fiscal
501     year from sellers who obtain a license under Section 59-12-106 for the first time on or after the
502     earlier of:
503          (i) the date a decision described in Subsection 59-12-103.1(1)(a) becomes a final,
504     unappealable decision; or
505          (ii) the effective date of the action by Congress described in Subsection
506     59-12-103.1(1)(b).
507          (b) "Qualified local revenue collected from remote sellers" means the local revenue the
508     commission collects under Section 59-12-103.1 for a fiscal year from sellers who obtain a
509     license under Section 59-12-106 for the first time on or after the earlier of:
510          (i) the date a decision described in Subsection 59-12-103.1(1)(a) becomes a final,
511     unappealable decision; or
512          (ii) the effective date of the action by Congress described in Subsection
513     59-12-103.1(1)(b).
514          (c) "Qualified state revenue collected from remote sellers" means the state revenue
515     generated by a 4.25% tax rate the commission collects under Section 59-12-103.1 for a fiscal
516     year from sellers who obtain a license under Section 59-12-106 for the first time on or after the
517     earlier of:
518          (i) the date a decision described in Subsection 59-12-103.1(1)(a) becomes a final,
519     unappealable decision; or
520          (ii) the effective date of the action by Congress described in Subsection
521     59-12-103.1(1)(b).
522          (2) There is created within the General Fund a restricted account known as the
523     "Remote Sales Restricted Account."

524          (3) The account shall be funded by:
525          (a) the qualified local revenue collected from remote sellers;
526          (b) the qualified state revenue collected from remote sellers; and
527          (c) the additional state revenue collected from remote sellers.
528          (4) (a) The account shall earn interest.
529          (b) The interest described in Subsection (4)(a) shall be deposited into the account.
530          (5) The Division of Finance shall deposit the revenue described in Subsection (3) into
531     the account.
532          (6) The Division of Finance shall separately account for:
533          (a) (i) the qualified local revenue collected from remote sellers; and
534          (ii) interest earned on the amount described in Subsection (6)(a)(i);
535          (b) (i) the qualified state revenue collected from remote sellers; and
536          (ii) interest earned on the amount described in Subsection (6)(b)(i); and
537          (c) (i) the additional state revenue collected from remote sellers; and
538          (ii) interest earned on the amount described in Subsection (6)(c)(i).
539          (7) (a) The revenue and interest described in Subsection (6)(a) may be used to lower
540     local sales and use tax rates as the Legislature may provide by statute.
541          (b) The revenue and interest described in Subsection (6)(b) may be used to lower state
542     sales and use tax rates as the Legislature may provide by statute.
543          (c) The revenue and interest described in Subsection (6)(c) may not be used to lower
544     state or local sales and use tax rates but shall be deposited into the Income and Sales Tax
545     Growth Account described in Section 63J-1-316.
546          Section 4. Contingent effective date.
547          This bill takes effect on March 1, 2019, if, between the date of this bill's passage and
548     March 1, 2019:
549          (1) the state's individual income tax rate described in Section 59-10-104 increases by
550     .45% or more; and
551          (2) the state's sales and use tax rate described in Subsection 59-12-103(2)(a)(i)(A)
552     increases by .45% or more.
553          Section 5. Contingent retrospective operation.
554          The repeal and reenactment of Section 59-10-104 has retrospective operation for a

555     taxable year beginning on or after January 1, 2019.






Legislative Review Note
Office of Legislative Research and General Counsel