1     
HYGIENE TAX ACT

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Duckworth

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends sales and use tax provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definitions;
13          ▸     increases the general state sales and use tax rate;
14          ▸     creates a sales and use tax exemption for certain incontinence care items, feminine
15     hygiene products, and diapers; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          This bill provides a special effective date.
21     Utah Code Sections Affected:
22     AMENDS:
23          26-36b-208, as last amended by Laws of Utah 2019, Chapters 1 and 393
24          35A-8-308, as last amended by Laws of Utah 2017, Chapters 181 and 421
25          35A-8-309, as last amended by Laws of Utah 2019, Chapter 493
26          59-12-102, as last amended by Laws of Utah 2019, Chapters 325, 481, and 486
27          59-12-103, as last amended by Laws of Utah 2019, Chapters 1, 136, and 479

28          59-12-104, as last amended by Laws of Utah 2019, Chapters 136 and 486
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 26-36b-208 is amended to read:
32          26-36b-208. Medicaid Expansion Fund.
33          (1) There is created an expendable special revenue fund known as the Medicaid
34     Expansion Fund.
35          (2) The fund consists of:
36          (a) assessments collected under this chapter;
37          (b) intergovernmental transfers under Section 26-36b-206;
38          (c) savings attributable to the health coverage improvement program as determined by
39     the department;
40          (d) savings attributable to the enhancement waiver program as determined by the
41     department;
42          (e) savings attributable to the Medicaid waiver expansion as determined by the
43     department;
44          (f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list
45     under Subsection 26-18-2.4(3) as determined by the department;
46          (g) revenues collected from the sales tax described in Subsection 59-12-103[(13)](12);
47          (h) gifts, grants, donations, or any other conveyance of money that may be made to the
48     fund from private sources;
49          (i) interest earned on money in the fund; and
50          (j) additional amounts as appropriated by the Legislature.
51          (3) (a) The fund shall earn interest.
52          (b) All interest earned on fund money shall be deposited into the fund.
53          (4) (a) A state agency administering the provisions of this chapter may use money from
54     the fund to pay the costs, not otherwise paid for with federal funds or other revenue sources, of:
55          (i) the health coverage improvement program;
56          (ii) the enhancement waiver program;
57          (iii) a Medicaid waiver expansion; and
58          (iv) the outpatient upper payment limit supplemental payments under Section

59     26-36b-210.
60          (b) A state agency administering the provisions of this chapter may not use:
61          (i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper
62     payment limit supplemental payments; or
63          (ii) money in the fund for any purpose not described in Subsection (4)(a).
64          Section 2. Section 35A-8-308 is amended to read:
65          35A-8-308. Throughput Infrastructure Fund.
66          (1) There is created an enterprise fund known as the Throughput Infrastructure Fund.
67          (2) The fund consists of money generated from the following revenue sources:
68          (a) all amounts transferred to the fund [under Subsection 59-12-103(12)] by statute;
69          (b) any voluntary contributions received;
70          (c) appropriations made to the fund by the Legislature; and
71          (d) all amounts received from the repayment of loans made by the impact board under
72     Section 35A-8-309.
73          (3) The state treasurer shall:
74          (a) invest the money in the fund by following the procedures and requirements of Title
75     51, Chapter 7, State Money Management Act; and
76          (b) deposit all interest or other earnings derived from those investments into the fund.
77          Section 3. Section 35A-8-309 is amended to read:
78          35A-8-309. Throughput Infrastructure Fund administered by impact board --
79     Uses -- Review by board -- Annual report -- First project.
80          (1) The impact board shall:
81          (a) make grants and loans from the Throughput Infrastructure Fund created in Section
82     35A-8-308 for a throughput infrastructure project;
83          (b) use money transferred to the Throughput Infrastructure Fund [in accordance with
84     Subsection 59-12-103(12)] by statute to provide a loan or grant to finance the cost of
85     acquisition or construction of a throughput infrastructure project to one or more local political
86     subdivisions, including a Utah interlocal agency created under Title 11, Chapter 13, Interlocal
87     Cooperation Act;
88          (c) administer the Throughput Infrastructure Fund in a manner that will keep a portion
89     of the fund revolving;

90          (d) determine provisions for repayment of loans;
91          (e) establish criteria for awarding loans and grants; and
92          (f) establish criteria for determining eligibility for assistance under this section.
93          (2) The cost of acquisition or construction of a throughput infrastructure project
94     includes amounts for working capital, reserves, transaction costs, and other amounts
95     determined by the impact board to be allocable to a throughput infrastructure project.
96          (3) The impact board may restructure or forgive all or part of a local political
97     subdivision's or interlocal agency's obligation to repay loans for extenuating circumstances.
98          (4) To receive assistance under this section, a local political subdivision or an
99     interlocal agency shall submit a formal application containing the information that the impact
100     board requires.
101          (5) (a) The impact board shall:
102          (i) review the proposed uses of the Throughput Infrastructure Fund for a loan or grant
103     before approving the loan or grant and may condition its approval on whatever assurances the
104     impact board considers necessary to ensure that proceeds of the loan or grant will be used in
105     accordance with this section;
106          (ii) ensure that each loan specifies terms for interest deferments, accruals, and
107     scheduled principal repayment; and
108          (iii) ensure that repayment terms are evidenced by bonds, notes, or other obligations of
109     the appropriate local political subdivision or interlocal agency issued to the impact board and
110     payable from the net revenues of a throughput infrastructure project.
111          (b) An instrument described in Subsection (5)(a)(iii) may be:
112          (i) non-recourse to the local political subdivision or interlocal agency; and
113          (ii) limited to a pledge of the net revenues from a throughput infrastructure project.
114          (6) (a) Subject to the restriction in Subsection (6)(b), the impact board shall allocate
115     from the Throughput Infrastructure Fund to the board those amounts that are appropriated by
116     the Legislature for the administration of the Throughput Infrastructure Fund.
117          (b) The amount described in Subsection (6)(a) may not exceed 2% of the annual
118     receipts to the fund.
119          (7) The board shall include in the annual written report described in Section
120     35A-1-109:

121          (a) the number and type of loans and grants made under this section; and
122          (b) a list of local political subdivisions or interlocal agencies that received assistance
123     under this section.
124          (8) (a) The first throughput infrastructure project considered by the impact board shall
125     be a bulk commodities ocean terminal project.
126          (b) Upon receipt of an application from an interlocal agency created for the sole
127     purpose of undertaking a throughput infrastructure project that is a bulk commodities ocean
128     terminal project, the impact board shall:
129          (i) grant up to 2% of the money in the Throughput Infrastructure Fund to the interlocal
130     agency to pay or reimburse costs incurred by the interlocal agency preliminary to its acquisition
131     of the throughput infrastructure project; and
132          (ii) fund the interlocal agency's application if the application meets all criteria
133     established by the impact board.
134          Section 4. Section 59-12-102 is amended to read:
135          59-12-102. Definitions.
136          As used in this chapter:
137          (1) "800 service" means a telecommunications service that:
138          (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
139          (b) is typically marketed:
140          (i) under the name 800 toll-free calling;
141          (ii) under the name 855 toll-free calling;
142          (iii) under the name 866 toll-free calling;
143          (iv) under the name 877 toll-free calling;
144          (v) under the name 888 toll-free calling; or
145          (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
146     Federal Communications Commission.
147          (2) (a) "900 service" means an inbound toll telecommunications service that:
148          (i) a subscriber purchases;
149          (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
150     the subscriber's:
151          (A) prerecorded announcement; or

152          (B) live service; and
153          (iii) is typically marketed:
154          (A) under the name 900 service; or
155          (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
156     Communications Commission.
157          (b) "900 service" does not include a charge for:
158          (i) a collection service a seller of a telecommunications service provides to a
159     subscriber; or
160          (ii) the following a subscriber sells to the subscriber's customer:
161          (A) a product; or
162          (B) a service.
163          (3) (a) "Admission or user fees" includes season passes.
164          (b) "Admission or user fees" does not include annual membership dues to private
165     organizations.
166          (4) "Affiliate" or "affiliated person" means a person that, with respect to another
167     person:
168          (a) has an ownership interest of more than 5%, whether direct or indirect, in that other
169     person; or
170          (b) is related to the other person because a third person, or a group of third persons who
171     are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
172     whether direct or indirect, in the related persons.
173          (5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
174     November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
175     Agreement after November 12, 2002.
176          (6) "Agreement combined tax rate" means the sum of the tax rates:
177          (a) listed under Subsection (7); and
178          (b) that are imposed within a local taxing jurisdiction.
179          (7) "Agreement sales and use tax" means a tax imposed under:
180          (a) Subsection 59-12-103(2)(a)(i)(A);
181          (b) Subsection 59-12-103(2)(b)(i);
182          (c) Subsection 59-12-103(2)(c)(i);

183          (d) Subsection 59-12-103(2)(d)(i)(A)(I);
184          (e) Section 59-12-204;
185          (f) Section 59-12-401;
186          (g) Section 59-12-402;
187          (h) Section 59-12-402.1;
188          (i) Section 59-12-703;
189          (j) Section 59-12-802;
190          (k) Section 59-12-804;
191          (l) Section 59-12-1102;
192          (m) Section 59-12-1302;
193          (n) Section 59-12-1402;
194          (o) Section 59-12-1802;
195          (p) Section 59-12-2003;
196          (q) Section 59-12-2103;
197          (r) Section 59-12-2213;
198          (s) Section 59-12-2214;
199          (t) Section 59-12-2215;
200          (u) Section 59-12-2216;
201          (v) Section 59-12-2217;
202          (w) Section 59-12-2218;
203          (x) Section 59-12-2219; or
204          (y) Section 59-12-2220.
205          (8) "Aircraft" means the same as that term is defined in Section 72-10-102.
206          (9) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
207          (a) except for:
208          (i) an airline as defined in Section 59-2-102; or
209          (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
210     includes a corporation that is qualified to do business but is not otherwise doing business in the
211     state, of an airline; and
212          (b) that has the workers, expertise, and facilities to perform the following, regardless of
213     whether the business entity performs the following in this state:

214          (i) check, diagnose, overhaul, and repair:
215          (A) an onboard system of a fixed wing turbine powered aircraft; and
216          (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
217          (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
218     engine;
219          (iii) perform at least the following maintenance on a fixed wing turbine powered
220     aircraft:
221          (A) an inspection;
222          (B) a repair, including a structural repair or modification;
223          (C) changing landing gear; and
224          (D) addressing issues related to an aging fixed wing turbine powered aircraft;
225          (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
226     completely apply new paint to the fixed wing turbine powered aircraft; and
227          (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
228     results in a change in the fixed wing turbine powered aircraft's certification requirements by the
229     authority that certifies the fixed wing turbine powered aircraft.
230          (10) "Alcoholic beverage" means a beverage that:
231          (a) is suitable for human consumption; and
232          (b) contains .5% or more alcohol by volume.
233          (11) "Alternative energy" means:
234          (a) biomass energy;
235          (b) geothermal energy;
236          (c) hydroelectric energy;
237          (d) solar energy;
238          (e) wind energy; or
239          (f) energy that is derived from:
240          (i) coal-to-liquids;
241          (ii) nuclear fuel;
242          (iii) oil-impregnated diatomaceous earth;
243          (iv) oil sands;
244          (v) oil shale;

245          (vi) petroleum coke; or
246          (vii) waste heat from:
247          (A) an industrial facility; or
248          (B) a power station in which an electric generator is driven through a process in which
249     water is heated, turns into steam, and spins a steam turbine.
250          (12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
251     facility" means a facility that:
252          (i) uses alternative energy to produce electricity; and
253          (ii) has a production capacity of two megawatts or greater.
254          (b) A facility is an alternative energy electricity production facility regardless of
255     whether the facility is:
256          (i) connected to an electric grid; or
257          (ii) located on the premises of an electricity consumer.
258          (13) (a) "Ancillary service" means a service associated with, or incidental to, the
259     provision of telecommunications service.
260          (b) "Ancillary service" includes:
261          (i) a conference bridging service;
262          (ii) a detailed communications billing service;
263          (iii) directory assistance;
264          (iv) a vertical service; or
265          (v) a voice mail service.
266          (14) "Area agency on aging" means the same as that term is defined in Section
267     62A-3-101.
268          (15) "Assisted amusement device" means an amusement device, skill device, or ride
269     device that is started and stopped by an individual:
270          (a) who is not the purchaser or renter of the right to use or operate the amusement
271     device, skill device, or ride device; and
272          (b) at the direction of the seller of the right to use the amusement device, skill device,
273     or ride device.
274          (16) "Assisted cleaning or washing of tangible personal property" means cleaning or
275     washing of tangible personal property if the cleaning or washing labor is primarily performed

276     by an individual:
277          (a) who is not the purchaser of the cleaning or washing of the tangible personal
278     property; and
279          (b) at the direction of the seller of the cleaning or washing of the tangible personal
280     property.
281          (17) "Authorized carrier" means:
282          (a) in the case of vehicles operated over public highways, the holder of credentials
283     indicating that the vehicle is or will be operated pursuant to both the International Registration
284     Plan and the International Fuel Tax Agreement;
285          (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
286     certificate or air carrier's operating certificate; or
287          (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
288     stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
289     stock in more than one state.
290          (18) (a) Except as provided in Subsection (18)(b), "biomass energy" means any of the
291     following that is used as the primary source of energy to produce fuel or electricity:
292          (i) material from a plant or tree; or
293          (ii) other organic matter that is available on a renewable basis, including:
294          (A) slash and brush from forests and woodlands;
295          (B) animal waste;
296          (C) waste vegetable oil;
297          (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
298     wastewater residuals, or through the conversion of a waste material through a nonincineration,
299     thermal conversion process;
300          (E) aquatic plants; and
301          (F) agricultural products.
302          (b) "Biomass energy" does not include:
303          (i) black liquor; or
304          (ii) treated woods.
305          (19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
306     property, products, or services if the tangible personal property, products, or services are:

307          (i) distinct and identifiable; and
308          (ii) sold for one nonitemized price.
309          (b) "Bundled transaction" does not include:
310          (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
311     the basis of the selection by the purchaser of the items of tangible personal property included in
312     the transaction;
313          (ii) the sale of real property;
314          (iii) the sale of services to real property;
315          (iv) the retail sale of tangible personal property and a service if:
316          (A) the tangible personal property:
317          (I) is essential to the use of the service; and
318          (II) is provided exclusively in connection with the service; and
319          (B) the service is the true object of the transaction;
320          (v) the retail sale of two services if:
321          (A) one service is provided that is essential to the use or receipt of a second service;
322          (B) the first service is provided exclusively in connection with the second service; and
323          (C) the second service is the true object of the transaction;
324          (vi) a transaction that includes tangible personal property or a product subject to
325     taxation under this chapter and tangible personal property or a product that is not subject to
326     taxation under this chapter if the:
327          (A) seller's purchase price of the tangible personal property or product subject to
328     taxation under this chapter is de minimis; or
329          (B) seller's sales price of the tangible personal property or product subject to taxation
330     under this chapter is de minimis; and
331          (vii) the retail sale of tangible personal property that is not subject to taxation under
332     this chapter and tangible personal property that is subject to taxation under this chapter if:
333          (A) that retail sale includes:
334          (I) food and food ingredients;
335          (II) a drug;
336          (III) durable medical equipment;
337          (IV) mobility enhancing equipment;

338          (V) an over-the-counter drug;
339          (VI) a prosthetic device; or
340          (VII) a medical supply; and
341          (B) subject to Subsection (19)(f):
342          (I) the seller's purchase price of the tangible personal property subject to taxation under
343     this chapter is 50% or less of the seller's total purchase price of that retail sale; or
344          (II) the seller's sales price of the tangible personal property subject to taxation under
345     this chapter is 50% or less of the seller's total sales price of that retail sale.
346          (c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
347     service that is distinct and identifiable does not include:
348          (A) packaging that:
349          (I) accompanies the sale of the tangible personal property, product, or service; and
350          (II) is incidental or immaterial to the sale of the tangible personal property, product, or
351     service;
352          (B) tangible personal property, a product, or a service provided free of charge with the
353     purchase of another item of tangible personal property, a product, or a service; or
354          (C) an item of tangible personal property, a product, or a service included in the
355     definition of "purchase price."
356          (ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
357     product, or a service is provided free of charge with the purchase of another item of tangible
358     personal property, a product, or a service if the sales price of the purchased item of tangible
359     personal property, product, or service does not vary depending on the inclusion of the tangible
360     personal property, product, or service provided free of charge.
361          (d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price
362     does not include a price that is separately identified by tangible personal property, product, or
363     service on the following, regardless of whether the following is in paper format or electronic
364     format:
365          (A) a binding sales document; or
366          (B) another supporting sales-related document that is available to a purchaser.
367          (ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
368     supporting sales-related document that is available to a purchaser includes:

369          (A) a bill of sale;
370          (B) a contract;
371          (C) an invoice;
372          (D) a lease agreement;
373          (E) a periodic notice of rates and services;
374          (F) a price list;
375          (G) a rate card;
376          (H) a receipt; or
377          (I) a service agreement.
378          (e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
379     property or a product subject to taxation under this chapter is de minimis if:
380          (A) the seller's purchase price of the tangible personal property or product is 10% or
381     less of the seller's total purchase price of the bundled transaction; or
382          (B) the seller's sales price of the tangible personal property or product is 10% or less of
383     the seller's total sales price of the bundled transaction.
384          (ii) For purposes of Subsection (19)(b)(vi), a seller:
385          (A) shall use the seller's purchase price or the seller's sales price to determine if the
386     purchase price or sales price of the tangible personal property or product subject to taxation
387     under this chapter is de minimis; and
388          (B) may not use a combination of the seller's purchase price and the seller's sales price
389     to determine if the purchase price or sales price of the tangible personal property or product
390     subject to taxation under this chapter is de minimis.
391          (iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
392     contract to determine if the sales price of tangible personal property or a product is de minimis.
393          (f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
394     the seller's purchase price and the seller's sales price to determine if tangible personal property
395     subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
396     price of that retail sale.
397          (20) "Certified automated system" means software certified by the governing board of
398     the agreement that:
399          (a) calculates the agreement sales and use tax imposed within a local taxing

400     jurisdiction:
401          (i) on a transaction; and
402          (ii) in the states that are members of the agreement;
403          (b) determines the amount of agreement sales and use tax to remit to a state that is a
404     member of the agreement; and
405          (c) maintains a record of the transaction described in Subsection (20)(a)(i).
406          (21) "Certified service provider" means an agent certified:
407          (a) by the governing board of the agreement; and
408          (b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
409     as outlined in the contract between the governing board of the agreement and the certified
410     service provider, other than the seller's obligation under Section 59-12-124 to remit a tax on the
411     seller's own purchases.
412          (22) (a) [Subject to Subsection (22)(b)] Except as provided in Subsection (22)(b) and
413     subject to Subsection (22)(c), "clothing" means all human wearing apparel suitable for general
414     use.
415          (b) "Clothing" does not include diapers.
416          [(b)] (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
417     Act, the commission shall make rules:
418          (i) listing the items that constitute "clothing"; and
419          (ii) that are consistent with the list of items that constitute "clothing" under the
420     agreement and this Subsection (22).
421          (23) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
422          (24) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
423     fuels that does not constitute industrial use under Subsection [(57)] (59) or residential use
424     under Subsection [(111)] (113).
425          (25) (a) "Common carrier" means a person engaged in or transacting the business of
426     transporting passengers, freight, merchandise, or other property for hire within this state.
427          (b) (i) "Common carrier" does not include a person that, at the time the person is
428     traveling to or from that person's place of employment, transports a passenger to or from the
429     passenger's place of employment.
430          (ii) For purposes of Subsection (25)(b)(i), in accordance with Title 63G, Chapter 3,

431     Utah Administrative Rulemaking Act, the commission may make rules defining what
432     constitutes a person's place of employment.
433          (c) "Common carrier" does not include a person that provides transportation network
434     services, as defined in Section 13-51-102.
435          (26) "Component part" includes:
436          (a) poultry, dairy, and other livestock feed, and their components;
437          (b) baling ties and twine used in the baling of hay and straw;
438          (c) fuel used for providing temperature control of orchards and commercial
439     greenhouses doing a majority of their business in wholesale sales, and for providing power for
440     off-highway type farm machinery; and
441          (d) feed, seeds, and seedlings.
442          (27) "Computer" means an electronic device that accepts information:
443          (a) (i) in digital form; or
444          (ii) in a form similar to digital form; and
445          (b) manipulates that information for a result based on a sequence of instructions.
446          (28) "Computer software" means a set of coded instructions designed to cause:
447          (a) a computer to perform a task; or
448          (b) automatic data processing equipment to perform a task.
449          (29) "Computer software maintenance contract" means a contract that obligates a seller
450     of computer software to provide a customer with:
451          (a) future updates or upgrades to computer software;
452          (b) support services with respect to computer software; or
453          (c) a combination of Subsections (29)(a) and (b).
454          (30) (a) "Conference bridging service" means an ancillary service that links two or
455     more participants of an audio conference call or video conference call.
456          (b) "Conference bridging service" may include providing a telephone number as part of
457     the ancillary service described in Subsection (30)(a).
458          (c) "Conference bridging service" does not include a telecommunications service used
459     to reach the ancillary service described in Subsection (30)(a).
460          (31) "Construction materials" means any tangible personal property that will be
461     converted into real property.

462          (32) "Delivered electronically" means delivered to a purchaser by means other than
463     tangible storage media.
464          (33) (a) "Delivery charge" means a charge:
465          (i) by a seller of:
466          (A) tangible personal property;
467          (B) a product transferred electronically; or
468          (C) a service; and
469          (ii) for preparation and delivery of the tangible personal property, product transferred
470     electronically, or services described in Subsection (33)(a)(i) to a location designated by the
471     purchaser.
472          (b) "Delivery charge" includes a charge for the following:
473          (i) transportation;
474          (ii) shipping;
475          (iii) postage;
476          (iv) handling;
477          (v) crating; or
478          (vi) packing.
479          (34) "Detailed telecommunications billing service" means an ancillary service of
480     separately stating information pertaining to individual calls on a customer's billing statement.
481          (35) "Diaper" means an absorbent garment worn by a human who is incapable of, or
482     has difficulty, controlling bladder or bowel movements.
483          [(35)] (36) "Dietary supplement" means a product, other than tobacco, that:
484          (a) is intended to supplement the diet;
485          (b) contains one or more of the following dietary ingredients:
486          (i) a vitamin;
487          (ii) a mineral;
488          (iii) an herb or other botanical;
489          (iv) an amino acid;
490          (v) a dietary substance for use by humans to supplement the diet by increasing the total
491     dietary intake; or
492          (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient

493     described in Subsections [(35)] (36)(b)(i) through (v);
494          (c) (i) except as provided in Subsection [(35)] (36)(c)(ii), is intended for ingestion in:
495          (A) tablet form;
496          (B) capsule form;
497          (C) powder form;
498          (D) softgel form;
499          (E) gelcap form; or
500          (F) liquid form; or
501          (ii) if the product is not intended for ingestion in a form described in Subsections [(35)]
502     (36)(c)(i)(A) through (F), is not represented:
503          (A) as conventional food; and
504          (B) for use as a sole item of:
505          (I) a meal; or
506          (II) the diet; and
507          (d) is required to be labeled as a dietary supplement:
508          (i) identifiable by the "Supplemental Facts" box found on the label; and
509          (ii) as required by 21 C.F.R. Sec. 101.36.
510          [(36)] (37) (a) "Digital audio work" means a work that results from the fixation of a
511     series of musical, spoken, or other sounds.
512          (b) "Digital audio work" includes a ringtone.
513          [(37)] (38) "Digital audio-visual work" means a series of related images which, when
514     shown in succession, imparts an impression of motion, together with accompanying sounds, if
515     any.
516          [(38)] (39) "Digital book" means a work that is generally recognized in the ordinary
517     and usual sense as a book.
518          [(39)] (40) (a) "Direct mail" means printed material delivered or distributed by United
519     States mail or other delivery service:
520          (i) to:
521          (A) a mass audience; or
522          (B) addressees on a mailing list provided:
523          (I) by a purchaser of the mailing list; or

524          (II) at the discretion of the purchaser of the mailing list; and
525          (ii) if the cost of the printed material is not billed directly to the recipients.
526          (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
527     purchaser to a seller of direct mail for inclusion in a package containing the printed material.
528          (c) "Direct mail" does not include multiple items of printed material delivered to a
529     single address.
530          [(40)] (41) "Directory assistance" means an ancillary service of providing:
531          (a) address information; or
532          (b) telephone number information.
533          [(41)] (42) (a) "Disposable home medical equipment or supplies" means medical
534     equipment or supplies that:
535          (i) cannot withstand repeated use; and
536          (ii) are purchased by, for, or on behalf of a person other than:
537          (A) a health care facility as defined in Section 26-21-2;
538          (B) a health care provider as defined in Section 78B-3-403;
539          (C) an office of a health care provider described in Subsection [(41)] (42)(a)(ii)(B); or
540          (D) a person similar to a person described in Subsections [(41)] (42)(a)(ii)(A) through
541     (C).
542          (b) "Disposable home medical equipment or supplies" does not include:
543          (i) a drug;
544          (ii) durable medical equipment;
545          (iii) a hearing aid;
546          (iv) a hearing aid accessory;
547          (v) mobility enhancing equipment; or
548          (vi) tangible personal property used to correct impaired vision, including:
549          (A) eyeglasses; or
550          (B) contact lenses.
551          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
552     commission may by rule define what constitutes medical equipment or supplies.
553          [(42)] (43) "Drilling equipment manufacturer" means a facility:
554          (a) located in the state;

555          (b) with respect to which 51% or more of the manufacturing activities of the facility
556     consist of manufacturing component parts of drilling equipment;
557          (c) that uses pressure of 800,000 or more pounds per square inch as part of the
558     manufacturing process; and
559          (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
560     manufacturing process.
561          [(43)] (44) (a) "Drug" means a compound, substance, or preparation, or a component of
562     a compound, substance, or preparation that is:
563          (i) recognized in:
564          (A) the official United States Pharmacopoeia;
565          (B) the official Homeopathic Pharmacopoeia of the United States;
566          (C) the official National Formulary; or
567          (D) a supplement to a publication listed in Subsections [(43)] (44)(a)(i)(A) through
568     (C);
569          (ii) intended for use in the:
570          (A) diagnosis of disease;
571          (B) cure of disease;
572          (C) mitigation of disease;
573          (D) treatment of disease; or
574          (E) prevention of disease; or
575          (iii) intended to affect:
576          (A) the structure of the body; or
577          (B) any function of the body.
578          (b) "Drug" does not include:
579          (i) food and food ingredients;
580          (ii) a dietary supplement;
581          (iii) an alcoholic beverage; or
582          (iv) a prosthetic device.
583          [(44)] (45) (a) Except as provided in Subsection [(44)] (45)(c), "durable medical
584     equipment" means equipment that:
585          (i) can withstand repeated use;

586          (ii) is primarily and customarily used to serve a medical purpose;
587          (iii) generally is not useful to a person in the absence of illness or injury; and
588          (iv) is not worn in or on the body.
589          (b) "Durable medical equipment" includes parts used in the repair or replacement of the
590     equipment described in Subsection [(44)] (45)(a).
591          (c) "Durable medical equipment" does not include mobility enhancing equipment.
592          [(45)] (46) "Electronic" means:
593          (a) relating to technology; and
594          (b) having:
595          (i) electrical capabilities;
596          (ii) digital capabilities;
597          (iii) magnetic capabilities;
598          (iv) wireless capabilities;
599          (v) optical capabilities;
600          (vi) electromagnetic capabilities; or
601          (vii) capabilities similar to Subsections [(45)] (46)(b)(i) through (vi).
602          [(46)] (47) "Electronic financial payment service" means an establishment:
603          (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
604     Clearinghouse Activities, of the 2012 North American Industry Classification System of the
605     federal Executive Office of the President, Office of Management and Budget; and
606          (b) that performs electronic financial payment services.
607          [(47)] (48) "Employee" means the same as that term is defined in Section 59-10-401.
608          (49) (a) "Feminine hygiene products" means:
609          (i) tampons;
610          (ii) panty liners;
611          (iii) menstrual cups;
612          (iv) sanitary napkins; or
613          (v) other similar tangible personal property designed for feminine hygiene in
614     connection with the human menstrual cycle.
615          (b) "Feminine hygiene products" does not include:
616          (i) soaps or cleaning solutions;

617          (ii) shampoo;
618          (iii) toothpaste;
619          (iv) mouthwash;
620          (v) antiperspirants; or
621          (vi) sun tan lotions or screens.
622          [(48)] (50) "Fixed guideway" means a public transit facility that uses and occupies:
623          (a) rail for the use of public transit; or
624          (b) a separate right-of-way for the use of public transit.
625          [(49)] (51) "Fixed wing turbine powered aircraft" means an aircraft that:
626          (a) is powered by turbine engines;
627          (b) operates on jet fuel; and
628          (c) has wings that are permanently attached to the fuselage of the aircraft.
629          [(50)] (52) "Fixed wireless service" means a telecommunications service that provides
630     radio communication between fixed points.
631          [(51)] (53) (a) "Food and food ingredients" means substances:
632          (i) regardless of whether the substances are in:
633          (A) liquid form;
634          (B) concentrated form;
635          (C) solid form;
636          (D) frozen form;
637          (E) dried form; or
638          (F) dehydrated form; and
639          (ii) that are:
640          (A) sold for:
641          (I) ingestion by humans; or
642          (II) chewing by humans; and
643          (B) consumed for the substance's:
644          (I) taste; or
645          (II) nutritional value.
646          (b) "Food and food ingredients" includes an item described in Subsection [(95)]
647     (97)(b)(iii).

648          (c) "Food and food ingredients" does not include:
649          (i) an alcoholic beverage;
650          (ii) tobacco; or
651          (iii) prepared food.
652          [(52)] (54) (a) "Fundraising sales" means sales:
653          (i) (A) made by a school; or
654          (B) made by a school student;
655          (ii) that are for the purpose of raising funds for the school to purchase equipment,
656     materials, or provide transportation; and
657          (iii) that are part of an officially sanctioned school activity.
658          (b) For purposes of Subsection [(52)] (54)(a)(iii), "officially sanctioned school activity"
659     means a school activity:
660          (i) that is conducted in accordance with a formal policy adopted by the school or school
661     district governing the authorization and supervision of fundraising activities;
662          (ii) that does not directly or indirectly compensate an individual teacher or other
663     educational personnel by direct payment, commissions, or payment in kind; and
664          (iii) the net or gross revenues from which are deposited in a dedicated account
665     controlled by the school or school district.
666          [(53)] (55) "Geothermal energy" means energy contained in heat that continuously
667     flows outward from the earth that is used as the sole source of energy to produce electricity.
668          [(54)] (56) "Governing board of the agreement" means the governing board of the
669     agreement that is:
670          (a) authorized to administer the agreement; and
671          (b) established in accordance with the agreement.
672          [(55)] (57) (a) For purposes of Subsection 59-12-104(41), "governmental entity"
673     means:
674          (i) the executive branch of the state, including all departments, institutions, boards,
675     divisions, bureaus, offices, commissions, and committees;
676          (ii) the judicial branch of the state, including the courts, the Judicial Council, the
677     Administrative Office of the Courts, and similar administrative units in the judicial branch;
678          (iii) the legislative branch of the state, including the House of Representatives, the

679     Senate, the Legislative Printing Office, the Office of Legislative Research and General
680     Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
681     Analyst;
682          (iv) the National Guard;
683          (v) an independent entity as defined in Section 63E-1-102; or
684          (vi) a political subdivision as defined in Section 17B-1-102.
685          (b) "Governmental entity" does not include the state systems of public and higher
686     education, including:
687          (i) a school;
688          (ii) the State Board of Education;
689          (iii) the State Board of Regents; or
690          (iv) an institution of higher education described in Section 53B-1-102.
691          [(56)] (58) "Hydroelectric energy" means water used as the sole source of energy to
692     produce electricity.
693          [(57)] (59) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil,
694     or other fuels:
695          (a) in mining or extraction of minerals;
696          (b) in agricultural operations to produce an agricultural product up to the time of
697     harvest or placing the agricultural product into a storage facility, including:
698          (i) commercial greenhouses;
699          (ii) irrigation pumps;
700          (iii) farm machinery;
701          (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
702     under Title 41, Chapter 1a, Part 2, Registration; and
703          (v) other farming activities;
704          (c) in manufacturing tangible personal property at an establishment described in:
705          (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
706     the federal Executive Office of the President, Office of Management and Budget; or
707          (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
708     American Industry Classification System of the federal Executive Office of the President,
709     Office of Management and Budget;

710          (d) by a scrap recycler if:
711          (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
712     one or more of the following items into prepared grades of processed materials for use in new
713     products:
714          (A) iron;
715          (B) steel;
716          (C) nonferrous metal;
717          (D) paper;
718          (E) glass;
719          (F) plastic;
720          (G) textile; or
721          (H) rubber; and
722          (ii) the new products under Subsection [(57)] (59)(d)(i) would otherwise be made with
723     nonrecycled materials; or
724          (e) in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a
725     cogeneration facility as defined in Section 54-2-1.
726          [(58)] (60) (a) Except as provided in Subsection [(58)] (60)(b), "installation charge"
727     means a charge for installing:
728          (i) tangible personal property; or
729          (ii) a product transferred electronically.
730          (b) "Installation charge" does not include a charge for:
731          (i) repairs or renovations of:
732          (A) tangible personal property; or
733          (B) a product transferred electronically; or
734          (ii) attaching tangible personal property or a product transferred electronically:
735          (A) to other tangible personal property; and
736          (B) as part of a manufacturing or fabrication process.
737          [(59)] (61) "Institution of higher education" means an institution of higher education
738     listed in Section 53B-2-101.
739          [(60)] (62) (a) "Lease" or "rental" means a transfer of possession or control of tangible
740     personal property or a product transferred electronically for:

741          (i) (A) a fixed term; or
742          (B) an indeterminate term; and
743          (ii) consideration.
744          (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
745     amount of consideration may be increased or decreased by reference to the amount realized
746     upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
747     Code.
748          (c) "Lease" or "rental" does not include:
749          (i) a transfer of possession or control of property under a security agreement or
750     deferred payment plan that requires the transfer of title upon completion of the required
751     payments;
752          (ii) a transfer of possession or control of property under an agreement that requires the
753     transfer of title:
754          (A) upon completion of required payments; and
755          (B) if the payment of an option price does not exceed the greater of:
756          (I) $100; or
757          (II) 1% of the total required payments; or
758          (iii) providing tangible personal property along with an operator for a fixed period of
759     time or an indeterminate period of time if the operator is necessary for equipment to perform as
760     designed.
761          (d) For purposes of Subsection [(60)] (62)(c)(iii), an operator is necessary for
762     equipment to perform as designed if the operator's duties exceed the:
763          (i) set-up of tangible personal property;
764          (ii) maintenance of tangible personal property; or
765          (iii) inspection of tangible personal property.
766          [(61)] (63) "Life science establishment" means an establishment in this state that is
767     classified under the following NAICS codes of the 2007 North American Industry
768     Classification System of the federal Executive Office of the President, Office of Management
769     and Budget:
770          (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
771          (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus

772     Manufacturing; or
773          (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
774          [(62)] (64) "Life science research and development facility" means a facility owned,
775     leased, or rented by a life science establishment if research and development is performed in
776     51% or more of the total area of the facility.
777          [(63)] (65) "Load and leave" means delivery to a purchaser by use of a tangible storage
778     media if the tangible storage media is not physically transferred to the purchaser.
779          [(64)] (66) "Local taxing jurisdiction" means a:
780          (a) county that is authorized to impose an agreement sales and use tax;
781          (b) city that is authorized to impose an agreement sales and use tax; or
782          (c) town that is authorized to impose an agreement sales and use tax.
783          [(65)] (67) "Manufactured home" means the same as that term is defined in Section
784     15A-1-302.
785          [(66)] (68) "Manufacturing facility" means:
786          (a) an establishment described in:
787          (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
788     the federal Executive Office of the President, Office of Management and Budget; or
789          (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
790     American Industry Classification System of the federal Executive Office of the President,
791     Office of Management and Budget;
792          (b) a scrap recycler if:
793          (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
794     one or more of the following items into prepared grades of processed materials for use in new
795     products:
796          (A) iron;
797          (B) steel;
798          (C) nonferrous metal;
799          (D) paper;
800          (E) glass;
801          (F) plastic;
802          (G) textile; or

803          (H) rubber; and
804          (ii) the new products under Subsection [(66)] (68)(b)(i) would otherwise be made with
805     nonrecycled materials; or
806          (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
807     placed in service on or after May 1, 2006.
808          [(67)] (69) (a) "Marketplace" means a physical or electronic place, platform, or forum
809     where tangible personal property, a product transferred electronically, or a service is offered for
810     sale.
811          (b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
812     dedicated sales software application.
813          [(68)] (70) (a) "Marketplace facilitator" means a person, including an affiliate of the
814     person, that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
815     facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
816     controls and that directly or indirectly:
817          (i) does any of the following:
818          (A) lists, makes available, or advertises tangible personal property, a product
819     transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
820     person owns, operates, or controls;
821          (B) facilitates the sale of a marketplace seller's tangible personal property, product
822     transferred electronically, or service by transmitting or otherwise communicating an offer or
823     acceptance of a retail sale between the marketplace seller and a purchaser using the
824     marketplace;
825          (C) owns, rents, licenses, makes available, or operates any electronic or physical
826     infrastructure or any property, process, method, copyright, trademark, or patent that connects a
827     marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
828     property, a product transferred electronically, or a service;
829          (D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
830     personal property, a product transferred electronically, or a service, regardless of ownership or
831     control of the tangible personal property, the product transferred electronically, or the service
832     that is the subject of the retail sale;
833          (E) provides software development or research and development activities related to

834     any activity described in this Subsection [(68)] (70)(a)(i), if the software development or
835     research and development activity is directly related to the person's marketplace;
836          (F) provides or offers fulfillment or storage services for a marketplace seller;
837          (G) sets prices for the sale of tangible personal property, a product transferred
838     electronically, or a service by a marketplace seller;
839          (H) provides or offers customer service to a marketplace seller or a marketplace seller's
840     purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
841     property, a product transferred electronically, or a service sold by a marketplace seller on the
842     person's marketplace; or
843          (I) brands or otherwise identifies sales as those of the person; and
844          (ii) does any of the following:
845          (A) collects the sales price or purchase price of a retail sale of tangible personal
846     property, a product transferred electronically, or a service;
847          (B) provides payment processing services for a retail sale of tangible personal property,
848     a product transferred electronically, or a service;
849          (C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
850     fee, a fee for inserting or making available tangible personal property, a product transferred
851     electronically, or a service on the person's marketplace, or other consideration for the
852     facilitation of a retail sale of tangible personal property, a product transferred electronically, or
853     a service, regardless of ownership or control of the tangible personal property, the product
854     transferred electronically, or the service that is the subject of the retail sale;
855          (D) through terms and conditions, an agreement, or another arrangement with a third
856     person, collects payment from a purchase for a retail sale of tangible personal property, a
857     product transferred electronically, or a service and transmits that payment to the marketplace
858     seller, regardless of whether the third person receives compensation or other consideration in
859     exchange for the service; or
860          (E) provides a virtual currency for a purchaser to use to purchase tangible personal
861     property, a product transferred electronically, or service offered for sale.
862          (b) "Marketplace facilitator" does not include a person that only provides payment
863     processing services.
864          [(69)] (71) "Marketplace seller" means a seller that makes one or more retail sales

865     through a marketplace that a marketplace facilitator owns, operates, or controls, regardless of
866     whether the seller is required to be registered to collect and remit the tax under this part.
867          [(70)] (72) "Member of the immediate family of the producer" means a person who is
868     related to a producer described in Subsection 59-12-104(20)(a) as a:
869          (a) child or stepchild, regardless of whether the child or stepchild is:
870          (i) an adopted child or adopted stepchild; or
871          (ii) a foster child or foster stepchild;
872          (b) grandchild or stepgrandchild;
873          (c) grandparent or stepgrandparent;
874          (d) nephew or stepnephew;
875          (e) niece or stepniece;
876          (f) parent or stepparent;
877          (g) sibling or stepsibling;
878          (h) spouse;
879          (i) person who is the spouse of a person described in Subsections [(70)] (72)(a) through
880     (g); or
881          (j) person similar to a person described in Subsections [(70)] (72)(a) through (i) as
882     determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
883     Administrative Rulemaking Act.
884          [(71)] (73) "Mobile home" means the same as that term is defined in Section
885     15A-1-302.
886          [(72)] (74) "Mobile telecommunications service" means the same as that term is
887     defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
888          [(73)] (75) (a) "Mobile wireless service" means a telecommunications service,
889     regardless of the technology used, if:
890          (i) the origination point of the conveyance, routing, or transmission is not fixed;
891          (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
892          (iii) the origination point described in Subsection [(73)] (75)(a)(i) and the termination
893     point described in Subsection [(73)] (75)(a)(ii) are not fixed.
894          (b) "Mobile wireless service" includes a telecommunications service that is provided
895     by a commercial mobile radio service provider.

896          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
897     commission may by rule define "commercial mobile radio service provider."
898          [(74)] (76) (a) Except as provided in Subsection [(74)] (76)(c), "mobility enhancing
899     equipment" means equipment that is:
900          (i) primarily and customarily used to provide or increase the ability to move from one
901     place to another;
902          (ii) appropriate for use in a:
903          (A) home; or
904          (B) motor vehicle; and
905          (iii) not generally used by persons with normal mobility.
906          (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
907     the equipment described in Subsection [(74)] (76)(a).
908          (c) "Mobility enhancing equipment" does not include:
909          (i) a motor vehicle;
910          (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
911     vehicle manufacturer;
912          (iii) durable medical equipment; or
913          (iv) a prosthetic device.
914          [(75)] (77) "Model 1 seller" means a seller registered under the agreement that has
915     selected a certified service provider as the seller's agent to perform the seller's sales and use tax
916     functions for agreement sales and use taxes, as outlined in the contract between the governing
917     board of the agreement and the certified service provider, other than the seller's obligation
918     under Section 59-12-124 to remit a tax on the seller's own purchases.
919          [(76)] (78) "Model 2 seller" means a seller registered under the agreement that:
920          (a) except as provided in Subsection [(76)] (78)(b), has selected a certified automated
921     system to perform the seller's sales tax functions for agreement sales and use taxes; and
922          (b) retains responsibility for remitting all of the sales tax:
923          (i) collected by the seller; and
924          (ii) to the appropriate local taxing jurisdiction.
925          [(77)] (79) (a) Subject to Subsection [(77)] (79)(b), "model 3 seller" means a seller
926     registered under the agreement that has:

927          (i) sales in at least five states that are members of the agreement;
928          (ii) total annual sales revenues of at least $500,000,000;
929          (iii) a proprietary system that calculates the amount of tax:
930          (A) for an agreement sales and use tax; and
931          (B) due to each local taxing jurisdiction; and
932          (iv) entered into a performance agreement with the governing board of the agreement.
933          (b) For purposes of Subsection [(77)] (79)(a), "model 3 seller" includes an affiliated
934     group of sellers using the same proprietary system.
935          [(78)] (80) "Model 4 seller" means a seller that is registered under the agreement and is
936     not a model 1 seller, model 2 seller, or model 3 seller.
937          [(79)] (81) "Modular home" means a modular unit as defined in Section 15A-1-302.
938          [(80)] (82) "Motor vehicle" means the same as that term is defined in Section
939     41-1a-102.
940          [(81)] (83) "Oil sands" means impregnated bituminous sands that:
941          (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
942     other hydrocarbons, or otherwise treated;
943          (b) yield mixtures of liquid hydrocarbon; and
944          (c) require further processing other than mechanical blending before becoming finished
945     petroleum products.
946          [(82)] (84) "Oil shale" means a group of fine black to dark brown shales containing
947     kerogen material that yields petroleum upon heating and distillation.
948          [(83)] (85) "Optional computer software maintenance contract" means a computer
949     software maintenance contract that a customer is not obligated to purchase as a condition to the
950     retail sale of computer software.
951          [(84)] (86) (a) "Other fuels" means products that burn independently to produce heat or
952     energy.
953          (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
954     personal property.
955          [(85)] (87) (a) "Paging service" means a telecommunications service that provides
956     transmission of a coded radio signal for the purpose of activating a specific pager.
957          (b) For purposes of Subsection [(85)] (87)(a), the transmission of a coded radio signal

958     includes a transmission by message or sound.
959          [(86)] (88) "Pawnbroker" means the same as that term is defined in Section
960     13-32a-102.
961          [(87)] (89) "Pawn transaction" means the same as that term is defined in Section
962     13-32a-102.
963          [(88)] (90) (a) "Permanently attached to real property" means that for tangible personal
964     property attached to real property:
965          (i) the attachment of the tangible personal property to the real property:
966          (A) is essential to the use of the tangible personal property; and
967          (B) suggests that the tangible personal property will remain attached to the real
968     property in the same place over the useful life of the tangible personal property; or
969          (ii) if the tangible personal property is detached from the real property, the detachment
970     would:
971          (A) cause substantial damage to the tangible personal property; or
972          (B) require substantial alteration or repair of the real property to which the tangible
973     personal property is attached.
974          (b) "Permanently attached to real property" includes:
975          (i) the attachment of an accessory to the tangible personal property if the accessory is:
976          (A) essential to the operation of the tangible personal property; and
977          (B) attached only to facilitate the operation of the tangible personal property;
978          (ii) a temporary detachment of tangible personal property from real property for a
979     repair or renovation if the repair or renovation is performed where the tangible personal
980     property and real property are located; or
981          (iii) property attached to oil, gas, or water pipelines, except for the property listed in
982     Subsection [(88)] (90)(c)(iii) or (iv).
983          (c) "Permanently attached to real property" does not include:
984          (i) the attachment of portable or movable tangible personal property to real property if
985     that portable or movable tangible personal property is attached to real property only for:
986          (A) convenience;
987          (B) stability; or
988          (C) for an obvious temporary purpose;

989          (ii) the detachment of tangible personal property from real property except for the
990     detachment described in Subsection [(88)] (90)(b)(ii);
991          (iii) an attachment of the following tangible personal property to real property if the
992     attachment to real property is only through a line that supplies water, electricity, gas,
993     telecommunications, cable, or supplies a similar item as determined by the commission by rule
994     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
995          (A) a computer;
996          (B) a telephone;
997          (C) a television; or
998          (D) tangible personal property similar to Subsections [(88)] (90)(c)(iii)(A) through (C)
999     as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
1000     Administrative Rulemaking Act; or
1001          (iv) an item listed in Subsection [(129)] (131)(c).
1002          [(89)] (91) "Person" includes any individual, firm, partnership, joint venture,
1003     association, corporation, estate, trust, business trust, receiver, syndicate, this state, any county,
1004     city, municipality, district, or other local governmental entity of the state, or any group or
1005     combination acting as a unit.
1006          [(90)] (92) "Place of primary use":
1007          (a) for telecommunications service other than mobile telecommunications service,
1008     means the street address representative of where the customer's use of the telecommunications
1009     service primarily occurs, which shall be:
1010          (i) the residential street address of the customer; or
1011          (ii) the primary business street address of the customer; or
1012          (b) for mobile telecommunications service, means the same as that term is defined in
1013     the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
1014          [(91)] (93) (a) "Postpaid calling service" means a telecommunications service a person
1015     obtains by making a payment on a call-by-call basis:
1016          (i) through the use of a:
1017          (A) bank card;
1018          (B) credit card;
1019          (C) debit card; or

1020          (D) travel card; or
1021          (ii) by a charge made to a telephone number that is not associated with the origination
1022     or termination of the telecommunications service.
1023          (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
1024     service, that would be a prepaid wireless calling service if the service were exclusively a
1025     telecommunications service.
1026          [(92)] (94) "Postproduction" means an activity related to the finishing or duplication of
1027     a medium described in Subsection 59-12-104(54)(a).
1028          [(93)] (95) "Prepaid calling service" means a telecommunications service:
1029          (a) that allows a purchaser access to telecommunications service that is exclusively
1030     telecommunications service;
1031          (b) that:
1032          (i) is paid for in advance; and
1033          (ii) enables the origination of a call using an:
1034          (A) access number; or
1035          (B) authorization code;
1036          (c) that is dialed:
1037          (i) manually; or
1038          (ii) electronically; and
1039          (d) sold in predetermined units or dollars that decline:
1040          (i) by a known amount; and
1041          (ii) with use.
1042          [(94)] (96) "Prepaid wireless calling service" means a telecommunications service:
1043          (a) that provides the right to utilize:
1044          (i) mobile wireless service; and
1045          (ii) other service that is not a telecommunications service, including:
1046          (A) the download of a product transferred electronically;
1047          (B) a content service; or
1048          (C) an ancillary service;
1049          (b) that:
1050          (i) is paid for in advance; and

1051          (ii) enables the origination of a call using an:
1052          (A) access number; or
1053          (B) authorization code;
1054          (c) that is dialed:
1055          (i) manually; or
1056          (ii) electronically; and
1057          (d) sold in predetermined units or dollars that decline:
1058          (i) by a known amount; and
1059          (ii) with use.
1060          [(95)] (97) (a) "Prepared food" means:
1061          (i) food:
1062          (A) sold in a heated state; or
1063          (B) heated by a seller;
1064          (ii) two or more food ingredients mixed or combined by the seller for sale as a single
1065     item; or
1066          (iii) except as provided in Subsection [(95)] (97)(c), food sold with an eating utensil
1067     provided by the seller, including a:
1068          (A) plate;
1069          (B) knife;
1070          (C) fork;
1071          (D) spoon;
1072          (E) glass;
1073          (F) cup;
1074          (G) napkin; or
1075          (H) straw.
1076          (b) "Prepared food" does not include:
1077          (i) food that a seller only:
1078          (A) cuts;
1079          (B) repackages; or
1080          (C) pasteurizes; or
1081          (ii) (A) the following:

1082          (I) raw egg;
1083          (II) raw fish;
1084          (III) raw meat;
1085          (IV) raw poultry; or
1086          (V) a food containing an item described in Subsections (95)(b)(ii)(A)(I) through (IV);
1087     and
1088          (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
1089     Food and Drug Administration's Food Code that a consumer cook the items described in
1090     Subsection [(95)] (97)(b)(ii)(A) to prevent food borne illness; or
1091          (iii) the following if sold without eating utensils provided by the seller:
1092          (A) food and food ingredients sold by a seller if the seller's proper primary
1093     classification under the 2002 North American Industry Classification System of the federal
1094     Executive Office of the President, Office of Management and Budget, is manufacturing in
1095     Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
1096     Manufacturing;
1097          (B) food and food ingredients sold in an unheated state:
1098          (I) by weight or volume; and
1099          (II) as a single item; or
1100          (C) a bakery item, including:
1101          (I) a bagel;
1102          (II) a bar;
1103          (III) a biscuit;
1104          (IV) bread;
1105          (V) a bun;
1106          (VI) a cake;
1107          (VII) a cookie;
1108          (VIII) a croissant;
1109          (IX) a danish;
1110          (X) a donut;
1111          (XI) a muffin;
1112          (XII) a pastry;

1113          (XIII) a pie;
1114          (XIV) a roll;
1115          (XV) a tart;
1116          (XVI) a torte; or
1117          (XVII) a tortilla.
1118          (c) An eating utensil provided by the seller does not include the following used to
1119     transport the food:
1120          (i) a container; or
1121          (ii) packaging.
1122          [(96)] (98) "Prescription" means an order, formula, or recipe that is issued:
1123          (a) (i) orally;
1124          (ii) in writing;
1125          (iii) electronically; or
1126          (iv) by any other manner of transmission; and
1127          (b) by a licensed practitioner authorized by the laws of a state.
1128          [(97)] (99) (a) Except as provided in Subsection [(97)] (99)(b)(ii) or (iii), "prewritten
1129     computer software" means computer software that is not designed and developed:
1130          (i) by the author or other creator of the computer software; and
1131          (ii) to the specifications of a specific purchaser.
1132          (b) "Prewritten computer software" includes:
1133          (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
1134     software is not designed and developed:
1135          (A) by the author or other creator of the computer software; and
1136          (B) to the specifications of a specific purchaser;
1137          (ii) computer software designed and developed by the author or other creator of the
1138     computer software to the specifications of a specific purchaser if the computer software is sold
1139     to a person other than the purchaser; or
1140          (iii) except as provided in Subsection [(97)] (99)(c), prewritten computer software or a
1141     prewritten portion of prewritten computer software:
1142          (A) that is modified or enhanced to any degree; and
1143          (B) if the modification or enhancement described in Subsection [(97)] (99)(b)(iii)(A) is

1144     designed and developed to the specifications of a specific purchaser.
1145          (c) "Prewritten computer software" does not include a modification or enhancement
1146     described in Subsection [(97)] (99)(b)(iii) if the charges for the modification or enhancement
1147     are:
1148          (i) reasonable; and
1149          (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), separately stated on the
1150     invoice or other statement of price provided to the purchaser at the time of sale or later, as
1151     demonstrated by:
1152          (A) the books and records the seller keeps at the time of the transaction in the regular
1153     course of business, including books and records the seller keeps at the time of the transaction in
1154     the regular course of business for nontax purposes;
1155          (B) a preponderance of the facts and circumstances at the time of the transaction; and
1156          (C) the understanding of all of the parties to the transaction.
1157          [(98)] (100) (a) "Private communications service" means a telecommunications
1158     service:
1159          (i) that entitles a customer to exclusive or priority use of one or more communications
1160     channels between or among termination points; and
1161          (ii) regardless of the manner in which the one or more communications channels are
1162     connected.
1163          (b) "Private communications service" includes the following provided in connection
1164     with the use of one or more communications channels:
1165          (i) an extension line;
1166          (ii) a station;
1167          (iii) switching capacity; or
1168          (iv) another associated service that is provided in connection with the use of one or
1169     more communications channels as defined in Section 59-12-215.
1170          [(99)] (101) (a) Except as provided in Subsection [(99)] (101)(b), "product transferred
1171     electronically" means a product transferred electronically that would be subject to a tax under
1172     this chapter if that product was transferred in a manner other than electronically.
1173          (b) "Product transferred electronically" does not include:
1174          (i) an ancillary service;

1175          (ii) computer software; or
1176          (iii) a telecommunications service.
1177          [(100)] (102) (a) "Prosthetic device" means a device that is worn on or in the body to:
1178          (i) artificially replace a missing portion of the body;
1179          (ii) prevent or correct a physical deformity or physical malfunction; or
1180          (iii) support a weak or deformed portion of the body.
1181          (b) "Prosthetic device" includes:
1182          (i) parts used in the repairs or renovation of a prosthetic device;
1183          (ii) replacement parts for a prosthetic device;
1184          (iii) a dental prosthesis; or
1185          (iv) a hearing aid.
1186          (c) "Prosthetic device" does not include:
1187          (i) corrective eyeglasses; or
1188          (ii) contact lenses.
1189          [(101)] (103) (a) "Protective equipment" means an item:
1190          (i) for human wear; and
1191          (ii) that is:
1192          (A) designed as protection:
1193          (I) to the wearer against injury or disease; or
1194          (II) against damage or injury of other persons or property; and
1195          (B) not suitable for general use.
1196          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1197     commission shall make rules:
1198          (i) listing the items that constitute "protective equipment"; and
1199          (ii) that are consistent with the list of items that constitute "protective equipment"
1200     under the agreement.
1201          [(102)] (104) (a) For purposes of Subsection 59-12-104(41), "publication" means any
1202     written or printed matter, other than a photocopy:
1203          (i) regardless of:
1204          (A) characteristics;
1205          (B) copyright;

1206          (C) form;
1207          (D) format;
1208          (E) method of reproduction; or
1209          (F) source; and
1210          (ii) made available in printed or electronic format.
1211          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1212     commission may by rule define the term "photocopy."
1213          [(103)] (105) (a) "Purchase price" and "sales price" mean the total amount of
1214     consideration:
1215          (i) valued in money; and
1216          (ii) for which tangible personal property, a product transferred electronically, or
1217     services are:
1218          (A) sold;
1219          (B) leased; or
1220          (C) rented.
1221          (b) "Purchase price" and "sales price" include:
1222          (i) the seller's cost of the tangible personal property, a product transferred
1223     electronically, or services sold;
1224          (ii) expenses of the seller, including:
1225          (A) the cost of materials used;
1226          (B) a labor cost;
1227          (C) a service cost;
1228          (D) interest;
1229          (E) a loss;
1230          (F) the cost of transportation to the seller; or
1231          (G) a tax imposed on the seller;
1232          (iii) a charge by the seller for any service necessary to complete the sale; or
1233          (iv) consideration a seller receives from a person other than the purchaser if:
1234          (A) (I) the seller actually receives consideration from a person other than the purchaser;
1235     and
1236          (II) the consideration described in Subsection [(103)] (105)(b)(iv)(A)(I) is directly

1237     related to a price reduction or discount on the sale;
1238          (B) the seller has an obligation to pass the price reduction or discount through to the
1239     purchaser;
1240          (C) the amount of the consideration attributable to the sale is fixed and determinable by
1241     the seller at the time of the sale to the purchaser; and
1242          (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
1243     seller to claim a price reduction or discount; and
1244          (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
1245     coupon, or other documentation with the understanding that the person other than the seller
1246     will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
1247          (II) the purchaser identifies that purchaser to the seller as a member of a group or
1248     organization allowed a price reduction or discount, except that a preferred customer card that is
1249     available to any patron of a seller does not constitute membership in a group or organization
1250     allowed a price reduction or discount; or
1251          (III) the price reduction or discount is identified as a third party price reduction or
1252     discount on the:
1253          (Aa) invoice the purchaser receives; or
1254          (Bb) certificate, coupon, or other documentation the purchaser presents.
1255          (c) "Purchase price" and "sales price" do not include:
1256          (i) a discount:
1257          (A) in a form including:
1258          (I) cash;
1259          (II) term; or
1260          (III) coupon;
1261          (B) that is allowed by a seller;
1262          (C) taken by a purchaser on a sale; and
1263          (D) that is not reimbursed by a third party; or
1264          (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), the following if separately
1265     stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
1266     sale or later, as demonstrated by the books and records the seller keeps at the time of the
1267     transaction in the regular course of business, including books and records the seller keeps at the

1268     time of the transaction in the regular course of business for nontax purposes, by a
1269     preponderance of the facts and circumstances at the time of the transaction, and by the
1270     understanding of all of the parties to the transaction:
1271          (A) the following from credit extended on the sale of tangible personal property or
1272     services:
1273          (I) a carrying charge;
1274          (II) a financing charge; or
1275          (III) an interest charge;
1276          (B) a delivery charge;
1277          (C) an installation charge;
1278          (D) a manufacturer rebate on a motor vehicle; or
1279          (E) a tax or fee legally imposed directly on the consumer.
1280          [(104)] (106) "Purchaser" means a person to whom:
1281          (a) a sale of tangible personal property is made;
1282          (b) a product is transferred electronically; or
1283          (c) a service is furnished.
1284          [(105)] (107) "Qualifying enterprise data center" means an establishment that will:
1285          (a) own and operate a data center facility that will house a group of networked server
1286     computers in one physical location in order to centralize the dissemination, management, and
1287     storage of data and information;
1288          (b) be located in the state;
1289          (c) be a new operation constructed on or after July 1, 2016;
1290          (d) consist of one or more buildings that total 150,000 or more square feet;
1291          (e) be owned or leased by:
1292          (i) the establishment; or
1293          (ii) a person under common ownership, as defined in Section 59-7-101, of the
1294     establishment; and
1295          (f) be located on one or more parcels of land that are owned or leased by:
1296          (i) the establishment; or
1297          (ii) a person under common ownership, as defined in Section 59-7-101, of the
1298     establishment.

1299          [(106)] (108) "Regularly rented" means:
1300          (a) rented to a guest for value three or more times during a calendar year; or
1301          (b) advertised or held out to the public as a place that is regularly rented to guests for
1302     value.
1303          [(107)] (109) "Rental" means the same as that term is defined in Subsection [(60)] (62).
1304          [(108)] (110) (a) Except as provided in Subsection [(108)] (110)(b), "repairs or
1305     renovations of tangible personal property" means:
1306          (i) a repair or renovation of tangible personal property that is not permanently attached
1307     to real property; or
1308          (ii) attaching tangible personal property or a product transferred electronically to other
1309     tangible personal property or detaching tangible personal property or a product transferred
1310     electronically from other tangible personal property if:
1311          (A) the other tangible personal property to which the tangible personal property or
1312     product transferred electronically is attached or from which the tangible personal property or
1313     product transferred electronically is detached is not permanently attached to real property; and
1314          (B) the attachment of tangible personal property or a product transferred electronically
1315     to other tangible personal property or detachment of tangible personal property or a product
1316     transferred electronically from other tangible personal property is made in conjunction with a
1317     repair or replacement of tangible personal property or a product transferred electronically.
1318          (b) "Repairs or renovations of tangible personal property" does not include:
1319          (i) attaching prewritten computer software to other tangible personal property if the
1320     other tangible personal property to which the prewritten computer software is attached is not
1321     permanently attached to real property; or
1322          (ii) detaching prewritten computer software from other tangible personal property if the
1323     other tangible personal property from which the prewritten computer software is detached is
1324     not permanently attached to real property.
1325          [(109)] (111) "Research and development" means the process of inquiry or
1326     experimentation aimed at the discovery of facts, devices, technologies, or applications and the
1327     process of preparing those devices, technologies, or applications for marketing.
1328          [(110)] (112) (a) "Residential telecommunications services" means a
1329     telecommunications service or an ancillary service that is provided to an individual for personal

1330     use:
1331          (i) at a residential address; or
1332          (ii) at an institution, including a nursing home or a school, if the telecommunications
1333     service or ancillary service is provided to and paid for by the individual residing at the
1334     institution rather than the institution.
1335          (b) For purposes of Subsection [(110)] (112)(a)(i), a residential address includes an:
1336          (i) apartment; or
1337          (ii) other individual dwelling unit.
1338          [(111)] (113) "Residential use" means the use in or around a home, apartment building,
1339     sleeping quarters, and similar facilities or accommodations.
1340          [(112)] (114) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose
1341     other than:
1342          (a) resale;
1343          (b) sublease; or
1344          (c) subrent.
1345          [(113)] (115) (a) "Retailer" means any person, unless prohibited by the Constitution of
1346     the United States or federal law, that is engaged in a regularly organized business in tangible
1347     personal property or any other taxable transaction under Subsection 59-12-103(1), and who is
1348     selling to the user or consumer and not for resale.
1349          (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
1350     engaged in the business of selling to users or consumers within the state.
1351          [(114)] (116) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
1352     otherwise, in any manner, of tangible personal property or any other taxable transaction under
1353     Subsection 59-12-103(1), for consideration.
1354          (b) "Sale" includes:
1355          (i) installment and credit sales;
1356          (ii) any closed transaction constituting a sale;
1357          (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
1358     chapter;
1359          (iv) any transaction if the possession of property is transferred but the seller retains the
1360     title as security for the payment of the price; and

1361          (v) any transaction under which right to possession, operation, or use of any article of
1362     tangible personal property is granted under a lease or contract and the transfer of possession
1363     would be taxable if an outright sale were made.
1364          [(115)] (117) "Sale at retail" means the same as that term is defined in Subsection
1365     [(112)] (114).
1366          [(116)] (118) "Sale-leaseback transaction" means a transaction by which title to
1367     tangible personal property or a product transferred electronically that is subject to a tax under
1368     this chapter is transferred:
1369          (a) by a purchaser-lessee;
1370          (b) to a lessor;
1371          (c) for consideration; and
1372          (d) if:
1373          (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
1374     of the tangible personal property or product transferred electronically;
1375          (ii) the sale of the tangible personal property or product transferred electronically to the
1376     lessor is intended as a form of financing:
1377          (A) for the tangible personal property or product transferred electronically; and
1378          (B) to the purchaser-lessee; and
1379          (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
1380     is required to:
1381          (A) capitalize the tangible personal property or product transferred electronically for
1382     financial reporting purposes; and
1383          (B) account for the lease payments as payments made under a financing arrangement.
1384          [(117)] (119) "Sales price" means the same as that term is defined in Subsection
1385     [(103)] (105).
1386          [(118)] (120) (a) "Sales relating to schools" means the following sales by, amounts
1387     paid to, or amounts charged by a school:
1388          (i) sales that are directly related to the school's educational functions or activities
1389     including:
1390          (A) the sale of:
1391          (I) textbooks;

1392          (II) textbook fees;
1393          (III) laboratory fees;
1394          (IV) laboratory supplies; or
1395          (V) safety equipment;
1396          (B) the sale of a uniform, protective equipment, or sports or recreational equipment
1397     that:
1398          (I) a student is specifically required to wear as a condition of participation in a
1399     school-related event or school-related activity; and
1400          (II) is not readily adaptable to general or continued usage to the extent that it takes the
1401     place of ordinary clothing;
1402          (C) sales of the following if the net or gross revenues generated by the sales are
1403     deposited into a school district fund or school fund dedicated to school meals:
1404          (I) food and food ingredients; or
1405          (II) prepared food; or
1406          (D) transportation charges for official school activities; or
1407          (ii) amounts paid to or amounts charged by a school for admission to a school-related
1408     event or school-related activity.
1409          (b) "Sales relating to schools" does not include:
1410          (i) bookstore sales of items that are not educational materials or supplies;
1411          (ii) except as provided in Subsection [(118)] (120)(a)(i)(B):
1412          (A) clothing;
1413          (B) clothing accessories or equipment;
1414          (C) protective equipment; or
1415          (D) sports or recreational equipment; or
1416          (iii) amounts paid to or amounts charged by a school for admission to a school-related
1417     event or school-related activity if the amounts paid or charged are passed through to a person:
1418          (A) other than a:
1419          (I) school;
1420          (II) nonprofit organization authorized by a school board or a governing body of a
1421     private school to organize and direct a competitive secondary school activity; or
1422          (III) nonprofit association authorized by a school board or a governing body of a

1423     private school to organize and direct a competitive secondary school activity; and
1424          (B) that is required to collect sales and use taxes under this chapter.
1425          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1426     commission may make rules defining the term "passed through."
1427          [(119)] (121) For purposes of this section and Section 59-12-104, "school" means:
1428          (a) an elementary school or a secondary school that:
1429          (i) is a:
1430          (A) public school; or
1431          (B) private school; and
1432          (ii) provides instruction for one or more grades kindergarten through 12; or
1433          (b) a public school district.
1434          [(120)] (122) (a) "Seller" means a person that makes a sale, lease, or rental of:
1435          (i) tangible personal property;
1436          (ii) a product transferred electronically; or
1437          (iii) a service.
1438          (b) "Seller" includes a marketplace facilitator.
1439          [(121)] (123) (a) "Semiconductor fabricating, processing, research, or development
1440     materials" means tangible personal property or a product transferred electronically if the
1441     tangible personal property or product transferred electronically is:
1442          (i) used primarily in the process of:
1443          (A) (I) manufacturing a semiconductor;
1444          (II) fabricating a semiconductor; or
1445          (III) research or development of a:
1446          (Aa) semiconductor; or
1447          (Bb) semiconductor manufacturing process; or
1448          (B) maintaining an environment suitable for a semiconductor; or
1449          (ii) consumed primarily in the process of:
1450          (A) (I) manufacturing a semiconductor;
1451          (II) fabricating a semiconductor; or
1452          (III) research or development of a:
1453          (Aa) semiconductor; or

1454          (Bb) semiconductor manufacturing process; or
1455          (B) maintaining an environment suitable for a semiconductor.
1456          (b) "Semiconductor fabricating, processing, research, or development materials"
1457     includes:
1458          (i) parts used in the repairs or renovations of tangible personal property or a product
1459     transferred electronically described in Subsection [(121)] (123)(a); or
1460          (ii) a chemical, catalyst, or other material used to:
1461          (A) produce or induce in a semiconductor a:
1462          (I) chemical change; or
1463          (II) physical change;
1464          (B) remove impurities from a semiconductor; or
1465          (C) improve the marketable condition of a semiconductor.
1466          [(122)] (124) "Senior citizen center" means a facility having the primary purpose of
1467     providing services to the aged as defined in Section 62A-3-101.
1468          [(123)] (125) (a) Subject to Subsections [(123)] (125)(b) and (c), "short-term lodging
1469     consumable" means tangible personal property that:
1470          (i) a business that provides accommodations and services described in Subsection
1471     59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
1472     to a purchaser;
1473          (ii) is intended to be consumed by the purchaser; and
1474          (iii) is:
1475          (A) included in the purchase price of the accommodations and services; and
1476          (B) not separately stated on an invoice, bill of sale, or other similar document provided
1477     to the purchaser.
1478          (b) "Short-term lodging consumable" includes:
1479          (i) a beverage;
1480          (ii) a brush or comb;
1481          (iii) a cosmetic;
1482          (iv) a hair care product;
1483          (v) lotion;
1484          (vi) a magazine;

1485          (vii) makeup;
1486          (viii) a meal;
1487          (ix) mouthwash;
1488          (x) nail polish remover;
1489          (xi) a newspaper;
1490          (xii) a notepad;
1491          (xiii) a pen;
1492          (xiv) a pencil;
1493          (xv) a razor;
1494          (xvi) saline solution;
1495          (xvii) a sewing kit;
1496          (xviii) shaving cream;
1497          (xix) a shoe shine kit;
1498          (xx) a shower cap;
1499          (xxi) a snack item;
1500          (xxii) soap;
1501          (xxiii) toilet paper;
1502          (xxiv) a toothbrush;
1503          (xxv) toothpaste; or
1504          (xxvi) an item similar to Subsections [(123)] (125)(b)(i) through (xxv) as the
1505     commission may provide by rule made in accordance with Title 63G, Chapter 3, Utah
1506     Administrative Rulemaking Act.
1507          (c) "Short-term lodging consumable" does not include:
1508          (i) tangible personal property that is cleaned or washed to allow the tangible personal
1509     property to be reused; or
1510          (ii) a product transferred electronically.
1511          [(124)] (126) "Simplified electronic return" means the electronic return:
1512          (a) described in Section 318(C) of the agreement; and
1513          (b) approved by the governing board of the agreement.
1514          [(125)] (127) "Solar energy" means the sun used as the sole source of energy for
1515     producing electricity.

1516          [(126)] (128) (a) "Sports or recreational equipment" means an item:
1517          (i) designed for human use; and
1518          (ii) that is:
1519          (A) worn in conjunction with:
1520          (I) an athletic activity; or
1521          (II) a recreational activity; and
1522          (B) not suitable for general use.
1523          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1524     commission shall make rules:
1525          (i) listing the items that constitute "sports or recreational equipment"; and
1526          (ii) that are consistent with the list of items that constitute "sports or recreational
1527     equipment" under the agreement.
1528          [(127)] (129) "State" means the state of Utah, its departments, and agencies.
1529          [(128)] (130) "Storage" means any keeping or retention of tangible personal property or
1530     any other taxable transaction under Subsection 59-12-103(1), in this state for any purpose
1531     except sale in the regular course of business.
1532          [(129)] (131) (a) Except as provided in Subsection [(129)] (131)(d) or (e), "tangible
1533     personal property" means personal property that:
1534          (i) may be:
1535          (A) seen;
1536          (B) weighed;
1537          (C) measured;
1538          (D) felt; or
1539          (E) touched; or
1540          (ii) is in any manner perceptible to the senses.
1541          (b) "Tangible personal property" includes:
1542          (i) electricity;
1543          (ii) water;
1544          (iii) gas;
1545          (iv) steam; or
1546          (v) prewritten computer software, regardless of the manner in which the prewritten

1547     computer software is transferred.
1548          (c) "Tangible personal property" includes the following regardless of whether the item
1549     is attached to real property:
1550          (i) a dishwasher;
1551          (ii) a dryer;
1552          (iii) a freezer;
1553          (iv) a microwave;
1554          (v) a refrigerator;
1555          (vi) a stove;
1556          (vii) a washer; or
1557          (viii) an item similar to Subsections [(129)] (131)(c)(i) through (vii) as determined by
1558     the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1559     Rulemaking Act.
1560          (d) "Tangible personal property" does not include a product that is transferred
1561     electronically.
1562          (e) "Tangible personal property" does not include the following if attached to real
1563     property, regardless of whether the attachment to real property is only through a line that
1564     supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
1565     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1566     Rulemaking Act:
1567          (i) a hot water heater;
1568          (ii) a water filtration system; or
1569          (iii) a water softener system.
1570          [(130)] (132) (a) "Telecommunications enabling or facilitating equipment, machinery,
1571     or software" means an item listed in Subsection [(130)] (132)(b) if that item is purchased or
1572     leased primarily to enable or facilitate one or more of the following to function:
1573          (i) telecommunications switching or routing equipment, machinery, or software; or
1574          (ii) telecommunications transmission equipment, machinery, or software.
1575          (b) The following apply to Subsection [(130)] (132)(a):
1576          (i) a pole;
1577          (ii) software;

1578          (iii) a supplementary power supply;
1579          (iv) temperature or environmental equipment or machinery;
1580          (v) test equipment;
1581          (vi) a tower; or
1582          (vii) equipment, machinery, or software that functions similarly to an item listed in
1583     Subsections [(130)] (132)(b)(i) through (vi) as determined by the commission by rule made in
1584     accordance with Subsection [(130)] (132)(c).
1585          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1586     commission may by rule define what constitutes equipment, machinery, or software that
1587     functions similarly to an item listed in Subsections [(130)] (132)(b)(i) through (vi).
1588          [(131)] (133) "Telecommunications equipment, machinery, or software required for
1589     911 service" means equipment, machinery, or software that is required to comply with 47
1590     C.F.R. Sec. 20.18.
1591          [(132)] (134) "Telecommunications maintenance or repair equipment, machinery, or
1592     software" means equipment, machinery, or software purchased or leased primarily to maintain
1593     or repair one or more of the following, regardless of whether the equipment, machinery, or
1594     software is purchased or leased as a spare part or as an upgrade or modification to one or more
1595     of the following:
1596          (a) telecommunications enabling or facilitating equipment, machinery, or software;
1597          (b) telecommunications switching or routing equipment, machinery, or software; or
1598          (c) telecommunications transmission equipment, machinery, or software.
1599          [(133)] (135) (a) "Telecommunications service" means the electronic conveyance,
1600     routing, or transmission of audio, data, video, voice, or any other information or signal to a
1601     point, or among or between points.
1602          (b) "Telecommunications service" includes:
1603          (i) an electronic conveyance, routing, or transmission with respect to which a computer
1604     processing application is used to act:
1605          (A) on the code, form, or protocol of the content;
1606          (B) for the purpose of electronic conveyance, routing, or transmission; and
1607          (C) regardless of whether the service:
1608          (I) is referred to as voice over Internet protocol service; or

1609          (II) is classified by the Federal Communications Commission as enhanced or value
1610     added;
1611          (ii) an 800 service;
1612          (iii) a 900 service;
1613          (iv) a fixed wireless service;
1614          (v) a mobile wireless service;
1615          (vi) a postpaid calling service;
1616          (vii) a prepaid calling service;
1617          (viii) a prepaid wireless calling service; or
1618          (ix) a private communications service.
1619          (c) "Telecommunications service" does not include:
1620          (i) advertising, including directory advertising;
1621          (ii) an ancillary service;
1622          (iii) a billing and collection service provided to a third party;
1623          (iv) a data processing and information service if:
1624          (A) the data processing and information service allows data to be:
1625          (I) (Aa) acquired;
1626          (Bb) generated;
1627          (Cc) processed;
1628          (Dd) retrieved; or
1629          (Ee) stored; and
1630          (II) delivered by an electronic transmission to a purchaser; and
1631          (B) the purchaser's primary purpose for the underlying transaction is the processed data
1632     or information;
1633          (v) installation or maintenance of the following on a customer's premises:
1634          (A) equipment; or
1635          (B) wiring;
1636          (vi) Internet access service;
1637          (vii) a paging service;
1638          (viii) a product transferred electronically, including:
1639          (A) music;

1640          (B) reading material;
1641          (C) a ring tone;
1642          (D) software; or
1643          (E) video;
1644          (ix) a radio and television audio and video programming service:
1645          (A) regardless of the medium; and
1646          (B) including:
1647          (I) furnishing conveyance, routing, or transmission of a television audio and video
1648     programming service by a programming service provider;
1649          (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
1650          (III) audio and video programming services delivered by a commercial mobile radio
1651     service provider as defined in 47 C.F.R. Sec. 20.3;
1652          (x) a value-added nonvoice data service; or
1653          (xi) tangible personal property.
1654          [(134)] (136) (a) "Telecommunications service provider" means a person that:
1655          (i) owns, controls, operates, or manages a telecommunications service; and
1656          (ii) engages in an activity described in Subsection [(134)] (136)(a)(i) for the shared use
1657     with or resale to any person of the telecommunications service.
1658          (b) A person described in Subsection [(134)] (136)(a) is a telecommunications service
1659     provider whether or not the Public Service Commission of Utah regulates:
1660          (i) that person; or
1661          (ii) the telecommunications service that the person owns, controls, operates, or
1662     manages.
1663          [(135)] (137) (a) "Telecommunications switching or routing equipment, machinery, or
1664     software" means an item listed in Subsection [(135)] (137)(b) if that item is purchased or
1665     leased primarily for switching or routing:
1666          (i) an ancillary service;
1667          (ii) data communications;
1668          (iii) voice communications; or
1669          (iv) telecommunications service.
1670          (b) The following apply to Subsection [(135)] (137)(a):

1671          (i) a bridge;
1672          (ii) a computer;
1673          (iii) a cross connect;
1674          (iv) a modem;
1675          (v) a multiplexer;
1676          (vi) plug in circuitry;
1677          (vii) a router;
1678          (viii) software;
1679          (ix) a switch; or
1680          (x) equipment, machinery, or software that functions similarly to an item listed in
1681     Subsections [(135)] (137)(b)(i) through (ix) as determined by the commission by rule made in
1682     accordance with Subsection [(135)] (137)(c).
1683          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1684     commission may by rule define what constitutes equipment, machinery, or software that
1685     functions similarly to an item listed in Subsections [(135)] (137)(b)(i) through (ix).
1686          [(136)] (138) (a) "Telecommunications transmission equipment, machinery, or
1687     software" means an item listed in Subsection [(136)] (138)(b) if that item is purchased or
1688     leased primarily for sending, receiving, or transporting:
1689          (i) an ancillary service;
1690          (ii) data communications;
1691          (iii) voice communications; or
1692          (iv) telecommunications service.
1693          (b) The following apply to Subsection [(136)] (138)(a):
1694          (i) an amplifier;
1695          (ii) a cable;
1696          (iii) a closure;
1697          (iv) a conduit;
1698          (v) a controller;
1699          (vi) a duplexer;
1700          (vii) a filter;
1701          (viii) an input device;

1702          (ix) an input/output device;
1703          (x) an insulator;
1704          (xi) microwave machinery or equipment;
1705          (xii) an oscillator;
1706          (xiii) an output device;
1707          (xiv) a pedestal;
1708          (xv) a power converter;
1709          (xvi) a power supply;
1710          (xvii) a radio channel;
1711          (xviii) a radio receiver;
1712          (xix) a radio transmitter;
1713          (xx) a repeater;
1714          (xxi) software;
1715          (xxii) a terminal;
1716          (xxiii) a timing unit;
1717          (xxiv) a transformer;
1718          (xxv) a wire; or
1719          (xxvi) equipment, machinery, or software that functions similarly to an item listed in
1720     Subsections [(136)] (138)(b)(i) through (xxv) as determined by the commission by rule made in
1721     accordance with Subsection [(136)] (138)(c).
1722          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1723     commission may by rule define what constitutes equipment, machinery, or software that
1724     functions similarly to an item listed in Subsections [(136)] (138)(b)(i) through (xxv).
1725          [(137)] (139) (a) "Textbook for a higher education course" means a textbook or other
1726     printed material that is required for a course:
1727          (i) offered by an institution of higher education; and
1728          (ii) that the purchaser of the textbook or other printed material attends or will attend.
1729          (b) "Textbook for a higher education course" includes a textbook in electronic format.
1730          [(138)] (140) "Tobacco" means:
1731          (a) a cigarette;
1732          (b) a cigar;

1733          (c) chewing tobacco;
1734          (d) pipe tobacco; or
1735          (e) any other item that contains tobacco.
1736          [(139)] (141) "Unassisted amusement device" means an amusement device, skill
1737     device, or ride device that is started and stopped by the purchaser or renter of the right to use or
1738     operate the amusement device, skill device, or ride device.
1739          [(140)] (142) (a) "Use" means the exercise of any right or power over tangible personal
1740     property, a product transferred electronically, or a service under Subsection 59-12-103(1),
1741     incident to the ownership or the leasing of that tangible personal property, product transferred
1742     electronically, or service.
1743          (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
1744     property, a product transferred electronically, or a service in the regular course of business and
1745     held for resale.
1746          [(141)] (143) "Value-added nonvoice data service" means a service:
1747          (a) that otherwise meets the definition of a telecommunications service except that a
1748     computer processing application is used to act primarily for a purpose other than conveyance,
1749     routing, or transmission; and
1750          (b) with respect to which a computer processing application is used to act on data or
1751     information:
1752          (i) code;
1753          (ii) content;
1754          (iii) form; or
1755          (iv) protocol.
1756          [(142)] (144) (a) Subject to Subsection [(142)] (144)(b), "vehicle" means the following
1757     that are required to be titled, registered, or titled and registered:
1758          (i) an aircraft as defined in Section 72-10-102;
1759          (ii) a vehicle as defined in Section 41-1a-102;
1760          (iii) an off-highway vehicle as defined in Section 41-22-2; or
1761          (iv) a vessel as defined in Section 41-1a-102.
1762          (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
1763          (i) a vehicle described in Subsection [(142)] (144)(a); or

1764          (ii) (A) a locomotive;
1765          (B) a freight car;
1766          (C) railroad work equipment; or
1767          (D) other railroad rolling stock.
1768          [(143)] (145) "Vehicle dealer" means a person engaged in the business of buying,
1769     selling, or exchanging a vehicle as defined in Subsection [(142)] (144).
1770          [(144)] (146) (a) "Vertical service" means an ancillary service that:
1771          (i) is offered in connection with one or more telecommunications services; and
1772          (ii) offers an advanced calling feature that allows a customer to:
1773          (A) identify a caller; and
1774          (B) manage multiple calls and call connections.
1775          (b) "Vertical service" includes an ancillary service that allows a customer to manage a
1776     conference bridging service.
1777          [(145)] (147) (a) "Voice mail service" means an ancillary service that enables a
1778     customer to receive, send, or store a recorded message.
1779          (b) "Voice mail service" does not include a vertical service that a customer is required
1780     to have in order to utilize a voice mail service.
1781          [(146)] (148) (a) Except as provided in Subsection [(146)] (148)(b), "waste energy
1782     facility" means a facility that generates electricity:
1783          (i) using as the primary source of energy waste materials that would be placed in a
1784     landfill or refuse pit if it were not used to generate electricity, including:
1785          (A) tires;
1786          (B) waste coal;
1787          (C) oil shale; or
1788          (D) municipal solid waste; and
1789          (ii) in amounts greater than actually required for the operation of the facility.
1790          (b) "Waste energy facility" does not include a facility that incinerates:
1791          (i) hospital waste as defined in 40 C.F.R. 60.51c; or
1792          (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
1793          [(147)] (149) "Watercraft" means a vessel as defined in Section 73-18-2.
1794          [(148)] (150) "Wind energy" means wind used as the sole source of energy to produce

1795     electricity.
1796          [(149)] (151) "ZIP Code" means a Zoning Improvement Plan Code assigned to a
1797     geographic location by the United States Postal Service.
1798          Section 5. Section 59-12-103 is amended to read:
1799          59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
1800     tax revenues.
1801          (1) A tax is imposed on the purchaser as provided in this part on the purchase price or
1802     sales price for amounts paid or charged for the following transactions:
1803          (a) retail sales of tangible personal property made within the state;
1804          (b) amounts paid for:
1805          (i) telecommunications service, other than mobile telecommunications service, that
1806     originates and terminates within the boundaries of this state;
1807          (ii) mobile telecommunications service that originates and terminates within the
1808     boundaries of one state only to the extent permitted by the Mobile Telecommunications
1809     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1810          (iii) an ancillary service associated with a:
1811          (A) telecommunications service described in Subsection (1)(b)(i); or
1812          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
1813          (c) sales of the following for commercial use:
1814          (i) gas;
1815          (ii) electricity;
1816          (iii) heat;
1817          (iv) coal;
1818          (v) fuel oil; or
1819          (vi) other fuels;
1820          (d) sales of the following for residential use:
1821          (i) gas;
1822          (ii) electricity;
1823          (iii) heat;
1824          (iv) coal;
1825          (v) fuel oil; or

1826          (vi) other fuels;
1827          (e) sales of prepared food;
1828          (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
1829     user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
1830     exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
1831     fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
1832     television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
1833     driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
1834     tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
1835     horseback rides, sports activities, or any other amusement, entertainment, recreation,
1836     exhibition, cultural, or athletic activity;
1837          (g) amounts paid or charged for services for repairs or renovations of tangible personal
1838     property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
1839          (i) the tangible personal property; and
1840          (ii) parts used in the repairs or renovations of the tangible personal property described
1841     in Subsection (1)(g)(i), regardless of whether:
1842          (A) any parts are actually used in the repairs or renovations of that tangible personal
1843     property; or
1844          (B) the particular parts used in the repairs or renovations of that tangible personal
1845     property are exempt from a tax under this chapter;
1846          (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
1847     assisted cleaning or washing of tangible personal property;
1848          (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
1849     accommodations and services that are regularly rented for less than 30 consecutive days;
1850          (j) amounts paid or charged for laundry or dry cleaning services;
1851          (k) amounts paid or charged for leases or rentals of tangible personal property if within
1852     this state the tangible personal property is:
1853          (i) stored;
1854          (ii) used; or
1855          (iii) otherwise consumed;
1856          (l) amounts paid or charged for tangible personal property if within this state the

1857     tangible personal property is:
1858          (i) stored;
1859          (ii) used; or
1860          (iii) consumed; and
1861          (m) amounts paid or charged for a sale:
1862          (i) (A) of a product transferred electronically; or
1863          (B) of a repair or renovation of a product transferred electronically; and
1864          (ii) regardless of whether the sale provides:
1865          (A) a right of permanent use of the product; or
1866          (B) a right to use the product that is less than a permanent use, including a right:
1867          (I) for a definite or specified length of time; and
1868          (II) that terminates upon the occurrence of a condition.
1869          (2) (a) Except as provided in Subsections (2)(b) through (e), a state tax and a local tax
1870     are imposed on a transaction described in Subsection (1) equal to the sum of:
1871          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1872          [(A) (I) through March 31, 2019, 4.70%; and]
1873          [(II) beginning on April 1, 2019, 4.70%]
1874          (A) 4.71% plus the rate specified in Subsection [(13)] (12)(a); and
1875          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
1876     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1877     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
1878     State Sales and Use Tax Act; and
1879          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
1880     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1881     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
1882     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1883          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1884     transaction under this chapter other than this part.
1885          (b) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax are
1886     imposed on a transaction described in Subsection (1)(d) equal to the sum of:
1887          (i) a state tax imposed on the transaction at a tax rate of 2%; and

1888          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1889     transaction under this chapter other than this part.
1890          (c) Except as provided in Subsection (2)(d) or (e), a state tax and a local tax are
1891     imposed on amounts paid or charged for food and food ingredients equal to the sum of:
1892          (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
1893     a tax rate of 1.75%; and
1894          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1895     amounts paid or charged for food and food ingredients under this chapter other than this part.
1896          (d) (i) For a bundled transaction that is attributable to food and food ingredients and
1897     tangible personal property other than food and food ingredients, a state tax and a local tax is
1898     imposed on the entire bundled transaction equal to the sum of:
1899          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
1900          (I) the tax rate described in Subsection (2)(a)(i)(A); and
1901          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
1902     Sales and Use Tax Act, if the location of the transaction as determined under Sections
1903     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
1904     Additional State Sales and Use Tax Act; and
1905          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
1906     Sales and Use Tax Act, if the location of the transaction as determined under Sections
1907     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
1908     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1909          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
1910     described in Subsection (2)(a)(ii).
1911          (ii) If an optional computer software maintenance contract is a bundled transaction that
1912     consists of taxable and nontaxable products that are not separately itemized on an invoice or
1913     similar billing document, the purchase of the optional computer software maintenance contract
1914     is 40% taxable under this chapter and 60% nontaxable under this chapter.
1915          (iii) Subject to Subsection (2)(d)(iv), for a bundled transaction other than a bundled
1916     transaction described in Subsection (2)(d)(i) or (ii):
1917          (A) if the sales price of the bundled transaction is attributable to tangible personal
1918     property, a product, or a service that is subject to taxation under this chapter and tangible

1919     personal property, a product, or service that is not subject to taxation under this chapter, the
1920     entire bundled transaction is subject to taxation under this chapter unless:
1921          (I) the seller is able to identify by reasonable and verifiable standards the tangible
1922     personal property, product, or service that is not subject to taxation under this chapter from the
1923     books and records the seller keeps in the seller's regular course of business; or
1924          (II) state or federal law provides otherwise; or
1925          (B) if the sales price of a bundled transaction is attributable to two or more items of
1926     tangible personal property, products, or services that are subject to taxation under this chapter
1927     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
1928     higher tax rate unless:
1929          (I) the seller is able to identify by reasonable and verifiable standards the tangible
1930     personal property, product, or service that is subject to taxation under this chapter at the lower
1931     tax rate from the books and records the seller keeps in the seller's regular course of business; or
1932          (II) state or federal law provides otherwise.
1933          (iv) For purposes of Subsection (2)(d)(iii), books and records that a seller keeps in the
1934     seller's regular course of business includes books and records the seller keeps in the regular
1935     course of business for nontax purposes.
1936          (e) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(e)(ii)
1937     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
1938     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
1939     of tangible personal property, other property, a product, or a service that is not subject to
1940     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
1941     the seller, at the time of the transaction:
1942          (A) separately states the portion of the transaction that is not subject to taxation under
1943     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
1944          (B) is able to identify by reasonable and verifiable standards, from the books and
1945     records the seller keeps in the seller's regular course of business, the portion of the transaction
1946     that is not subject to taxation under this chapter.
1947          (ii) A purchaser and a seller may correct the taxability of a transaction if:
1948          (A) after the transaction occurs, the purchaser and the seller discover that the portion of
1949     the transaction that is not subject to taxation under this chapter was not separately stated on an

1950     invoice, bill of sale, or similar document provided to the purchaser because of an error or
1951     ignorance of the law; and
1952          (B) the seller is able to identify by reasonable and verifiable standards, from the books
1953     and records the seller keeps in the seller's regular course of business, the portion of the
1954     transaction that is not subject to taxation under this chapter.
1955          (iii) For purposes of Subsections (2)(e)(i) and (ii), books and records that a seller keeps
1956     in the seller's regular course of business includes books and records the seller keeps in the
1957     regular course of business for nontax purposes.
1958          (f) (i) If the sales price of a transaction is attributable to two or more items of tangible
1959     personal property, products, or services that are subject to taxation under this chapter at
1960     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
1961     unless the seller, at the time of the transaction:
1962          (A) separately states the items subject to taxation under this chapter at each of the
1963     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
1964          (B) is able to identify by reasonable and verifiable standards the tangible personal
1965     property, product, or service that is subject to taxation under this chapter at the lower tax rate
1966     from the books and records the seller keeps in the seller's regular course of business.
1967          (ii) For purposes of Subsection (2)(f)(i), books and records that a seller keeps in the
1968     seller's regular course of business includes books and records the seller keeps in the regular
1969     course of business for nontax purposes.
1970          (g) Subject to Subsections (2)(h) and (i), a tax rate repeal or tax rate change for a tax
1971     rate imposed under the following shall take effect on the first day of a calendar quarter:
1972          (i) Subsection (2)(a)(i)(A);
1973          (ii) Subsection (2)(b)(i);
1974          (iii) Subsection (2)(c)(i); or
1975          (iv) Subsection (2)(d)(i)(A)(I).
1976          (h) (i) A tax rate increase takes effect on the first day of the first billing period that
1977     begins on or after the effective date of the tax rate increase if the billing period for the
1978     transaction begins before the effective date of a tax rate increase imposed under:
1979          (A) Subsection (2)(a)(i)(A);
1980          (B) Subsection (2)(b)(i);

1981          (C) Subsection (2)(c)(i); or
1982          (D) Subsection (2)(d)(i)(A)(I).
1983          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
1984     statement for the billing period is rendered on or after the effective date of the repeal of the tax
1985     or the tax rate decrease imposed under:
1986          (A) Subsection (2)(a)(i)(A);
1987          (B) Subsection (2)(b)(i);
1988          (C) Subsection (2)(c)(i); or
1989          (D) Subsection (2)(d)(i)(A)(I).
1990          (i) (i) For a tax rate described in Subsection (2)(i)(ii), if a tax due on a catalogue sale is
1991     computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
1992     change in a tax rate takes effect:
1993          (A) on the first day of a calendar quarter; and
1994          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
1995          (ii) Subsection (2)(i)(i) applies to the tax rates described in the following:
1996          (A) Subsection (2)(a)(i)(A);
1997          (B) Subsection (2)(b)(i);
1998          (C) Subsection (2)(c)(i); or
1999          (D) Subsection (2)(d)(i)(A)(I).
2000          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2001     the commission may by rule define the term "catalogue sale."
2002          (3) (a) The following state taxes shall be deposited into the General Fund:
2003          (i) the tax imposed by Subsection (2)(a)(i)(A);
2004          (ii) the tax imposed by Subsection (2)(b)(i);
2005          (iii) the tax imposed by Subsection (2)(c)(i); or
2006          (iv) the tax imposed by Subsection (2)(d)(i)(A)(I).
2007          (b) The following local taxes shall be distributed to a county, city, or town as provided
2008     in this chapter:
2009          (i) the tax imposed by Subsection (2)(a)(ii);
2010          (ii) the tax imposed by Subsection (2)(b)(ii);
2011          (iii) the tax imposed by Subsection (2)(c)(ii); and

2012          (iv) the tax imposed by Subsection (2)(d)(i)(B).
2013          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2014     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
2015     through (g):
2016          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
2017          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
2018          (B) for the fiscal year; or
2019          (ii) $17,500,000.
2020          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
2021     described in Subsection (4)(a) shall be transferred each year as dedicated credits to the
2022     Department of Natural Resources to:
2023          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
2024     protect sensitive plant and animal species; or
2025          (B) award grants, up to the amount authorized by the Legislature in an appropriations
2026     act, to political subdivisions of the state to implement the measures described in Subsections
2027     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
2028          (ii) Money transferred to the Department of Natural Resources under Subsection
2029     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
2030     person to list or attempt to have listed a species as threatened or endangered under the
2031     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
2032          (iii) At the end of each fiscal year:
2033          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
2034     Conservation and Development Fund created in Section 73-10-24;
2035          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
2036     Program Subaccount created in Section 73-10c-5; and
2037          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
2038     Program Subaccount created in Section 73-10c-5.
2039          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
2040     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
2041     created in Section 4-18-106.
2042          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described

2043     in Subsection (4)(a) shall be transferred each year as dedicated credits to the Division of Water
2044     Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of
2045     water rights.
2046          (ii) At the end of each fiscal year:
2047          (A) 50% of any unexpended dedicated credits shall lapse to the Water Resources
2048     Conservation and Development Fund created in Section 73-10-24;
2049          (B) 25% of any unexpended dedicated credits shall lapse to the Utah Wastewater Loan
2050     Program Subaccount created in Section 73-10c-5; and
2051          (C) 25% of any unexpended dedicated credits shall lapse to the Drinking Water Loan
2052     Program Subaccount created in Section 73-10c-5.
2053          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
2054     in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
2055     Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
2056          (ii) In addition to the uses allowed of the Water Resources Conservation and
2057     Development Fund under Section 73-10-24, the Water Resources Conservation and
2058     Development Fund may also be used to:
2059          (A) conduct hydrologic and geotechnical investigations by the Division of Water
2060     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
2061     quantifying surface and ground water resources and describing the hydrologic systems of an
2062     area in sufficient detail so as to enable local and state resource managers to plan for and
2063     accommodate growth in water use without jeopardizing the resource;
2064          (B) fund state required dam safety improvements; and
2065          (C) protect the state's interest in interstate water compact allocations, including the
2066     hiring of technical and legal staff.
2067          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
2068     in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
2069     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
2070          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
2071     in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
2072     created in Section 73-10c-5 for use by the Division of Drinking Water to:
2073          (i) provide for the installation and repair of collection, treatment, storage, and

2074     distribution facilities for any public water system, as defined in Section 19-4-102;
2075          (ii) develop underground sources of water, including springs and wells; and
2076          (iii) develop surface water sources.
2077          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2078     2006, the difference between the following amounts shall be expended as provided in this
2079     Subsection (5), if that difference is greater than $1:
2080          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
2081     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
2082          (ii) $17,500,000.
2083          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
2084          (A) transferred each fiscal year to the Department of Natural Resources as dedicated
2085     credits; and
2086          (B) expended by the Department of Natural Resources for watershed rehabilitation or
2087     restoration.
2088          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
2089     in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation and Development Fund
2090     created in Section 73-10-24.
2091          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
2092     remaining difference described in Subsection (5)(a) shall be:
2093          (A) transferred each fiscal year to the Division of Water Resources as dedicated
2094     credits; and
2095          (B) expended by the Division of Water Resources for cloud-seeding projects
2096     authorized by Title 73, Chapter 15, Modification of Weather.
2097          (ii) At the end of each fiscal year, 100% of any unexpended dedicated credits described
2098     in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation and Development Fund
2099     created in Section 73-10-24.
2100          (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
2101     remaining difference described in Subsection (5)(a) shall be deposited into the Water
2102     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
2103     Division of Water Resources for:
2104          (i) preconstruction costs:

2105          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
2106     26, Bear River Development Act; and
2107          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
2108     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
2109          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
2110     Chapter 26, Bear River Development Act;
2111          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
2112     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
2113          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
2114     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
2115          (e) After making the transfers required by Subsections (5)(b) and (c) and subject to
2116     Subsection (5)(f), 15% of the remaining difference described in Subsection (5)(a) shall be
2117     transferred each year as dedicated credits to the Division of Water Rights to cover the costs
2118     incurred for employing additional technical staff for the administration of water rights.
2119          (f) At the end of each fiscal year, any unexpended dedicated credits described in
2120     Subsection (5)(e) over $150,000 lapse to the Water Resources Conservation and Development
2121     Fund created in Section 73-10-24.
2122          (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
2123     amount of revenue generated by a 1/16% tax rate on the transactions described in Subsection
2124     (1) for the fiscal year shall be deposited as follows:
2125          (a) for fiscal year 2016-17 only, 100% of the revenue described in this Subsection (6)
2126     shall be deposited into the Transportation Investment Fund of 2005 created by Section
2127     72-2-124;
2128          (b) for fiscal year 2017-18 only:
2129          (i) 80% of the revenue described in this Subsection (6) shall be deposited into the
2130     Transportation Investment Fund of 2005 created by Section 72-2-124; and
2131          (ii) 20% of the revenue described in this Subsection (6) shall be deposited into the
2132     Water Infrastructure Restricted Account created by Section 73-10g-103;
2133          (c) for fiscal year 2018-19 only:
2134          (i) 60% of the revenue described in this Subsection (6) shall be deposited into the
2135     Transportation Investment Fund of 2005 created by Section 72-2-124; and

2136          (ii) 40% of the revenue described in this Subsection (6) shall be deposited into the
2137     Water Infrastructure Restricted Account created by Section 73-10g-103;
2138          (d) for fiscal year 2019-20 only:
2139          (i) 40% of the revenue described in this Subsection (6) shall be deposited into the
2140     Transportation Investment Fund of 2005 created by Section 72-2-124; and
2141          (ii) 60% of the revenue described in this Subsection (6) shall be deposited into the
2142     Water Infrastructure Restricted Account created by Section 73-10g-103;
2143          (e) for fiscal year 2020-21 only:
2144          (i) 20% of the revenue described in this Subsection (6) shall be deposited into the
2145     Transportation Investment Fund of 2005 created by Section 72-2-124; and
2146          (ii) 80% of the revenue described in this Subsection (6) shall be deposited into the
2147     Water Infrastructure Restricted Account created by Section 73-10g-103; and
2148          (f) for a fiscal year beginning on or after July 1, 2021, 100% of the revenue described
2149     in this Subsection (6) shall be deposited into the Water Infrastructure Restricted Account
2150     created by Section 73-10g-103.
2151          (7) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
2152     Subsection (6), and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
2153     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
2154     created by Section 72-2-124:
2155          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
2156     the [revenues] revenue collected from the following taxes, which represents a portion of the
2157     approximately 17% of sales and use tax [revenues] revenue generated annually by the sales and
2158     use tax on vehicles and vehicle-related products:
2159          (A) the tax imposed by Subsection (2)(a)(i)(A) at a [4.7%] 4.71% rate;
2160          (B) the tax imposed by Subsection (2)(b)(i);
2161          (C) the tax imposed by Subsection (2)(c)(i); and
2162          (D) the tax imposed by Subsection (2)(d)(i)(A)(I); plus
2163          (ii) an amount equal to 30% of the growth in the amount of [revenues] revenue
2164     collected in the current fiscal year from the sales and use taxes described in Subsections
2165     (7)(a)(i)(A) through (D) that exceeds the amount collected from the sales and use taxes
2166     described in Subsections (7)(a)(i)(A) through (D) in the 2010-11 fiscal year.

2167          (b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of
2168     the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
2169     lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through (D)
2170     generated in the current fiscal year than the total percentage of sales and use taxes deposited in
2171     the previous fiscal year, the Division of Finance shall deposit an amount under Subsection
2172     (7)(a) equal to the product of:
2173          (A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
2174     previous fiscal year; and
2175          (B) the total sales and use tax revenue generated by the taxes described in Subsections
2176     (7)(a)(i)(A) through (D) in the current fiscal year.
2177          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
2178     Subsection (7)(a) would exceed 17% of the [revenues] revenue collected from the sales and use
2179     taxes described in Subsections (7)(a)(i)(A) through (D) in the current fiscal year, the Division
2180     of Finance shall deposit 17% of the [revenues] revenue collected from the sales and use taxes
2181     described in Subsections (7)(a)(i)(A) through (D) for the current fiscal year under Subsection
2182     (7)(a).
2183          (iii) In all subsequent fiscal years after a year in which 17% of the [revenues] revenue
2184     collected from the sales and use taxes described in Subsections (7)(a)(i)(A) through (D) was
2185     deposited under Subsection (7)(a), the Division of Finance shall annually deposit 17% of the
2186     [revenues] revenue collected from the sales and use taxes described in Subsections (7)(a)(i)(A)
2187     through (D) in the current fiscal year under Subsection (7)(a).
2188          (8) (a) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited
2189     under Subsections (6) and (7), for the 2016-17 fiscal year only, the Division of Finance shall
2190     deposit $64,000,000 of the [revenues] revenue generated by the taxes listed under Subsection
2191     (3)(a) into the Transportation Investment Fund of 2005 created by Section 72-2-124.
2192          [(b) Notwithstanding Subsection (3)(a), and in addition to the amounts deposited under
2193     Subsections (6) and (7), for the 2017-18 fiscal year only, the Division of Finance shall deposit
2194     $63,000,000 of the revenues generated by the taxes listed under Subsection (3)(a) into the
2195     Transportation Investment Fund of 2005 created by Section 72-2-124.]
2196          [(c)] (b) (i) Notwithstanding Subsection (3)(a), in addition to the amounts deposited
2197     under Subsections (6) and (7), and subject to Subsection (8)(c)(ii), for a fiscal year beginning

2198     on or after July 1, 2018, the commission shall [annually] deposit annually into the
2199     Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of the taxes
2200     listed under Subsection (3)(a) in an amount equal to 3.68% of the [revenues] revenue collected
2201     from the following taxes:
2202          (A) the tax imposed by Subsection (2)(a)(i)(A) at a [4.7%] 4.71% rate;
2203          (B) the tax imposed by Subsection (2)(b)(i);
2204          (C) the tax imposed by Subsection (2)(c)(i); and
2205          (D) the tax imposed by Subsection (2)(d)(i)(A)(I).
2206          (ii) For a fiscal year beginning on or after July 1, 2019, the commission shall [annually]
2207     reduce annually the deposit into the Transportation Investment Fund of 2005 under Subsection
2208     (8)(c)(i) by an amount that is equal to 35% of the amount of revenue generated in the current
2209     fiscal year by the portion of the tax imposed on motor and special fuel that is sold, used, or
2210     received for sale or use in this state that exceeds 29.4 cents per gallon.
2211          (iii) The commission shall [annually] deposit annually the amount described in
2212     Subsection (8)(c)(ii) into the Transit and Transportation Investment Fund created in Section
2213     72-2-124.
2214          (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2215     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
2216     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
2217          (10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(c),
2218     in addition to any amounts deposited under Subsections (6), (7), and (8), and for the 2016-17
2219     fiscal year only, the Division of Finance shall deposit into the Transportation Investment Fund
2220     of 2005 created by Section 72-2-124 the amount of tax revenue generated by a .05% tax rate on
2221     the transactions described in Subsection (1).
2222          (b) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(c), and in
2223     addition to any amounts deposited under Subsections (6), (7), and (8), the Division of Finance
2224     shall deposit into the Transportation Investment Fund of 2005 created by Section 72-2-124 the
2225     amount of revenue described as follows:
2226          (i) for fiscal year 2017-18 only, 83.33% of the amount of revenue generated by a .05%
2227     tax rate on the transactions described in Subsection (1);
2228          (ii) for fiscal year 2018-19 only, 66.67% of the amount of revenue generated by a .05%

2229     tax rate on the transactions described in Subsection (1);
2230          (iii) for fiscal year 2019-20 only, 50% of the amount of revenue generated by a .05%
2231     tax rate on the transactions described in Subsection (1);
2232          (iv) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a
2233     .05% tax rate on the transactions described in Subsection (1); and
2234          (v) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
2235     tax rate on the transactions described in Subsection (1).
2236          (c) For purposes of Subsections (10)(a) and (b), the Division of Finance may not
2237     deposit into the Transportation Investment Fund of 2005 any tax revenue generated by amounts
2238     paid or charged for food and food ingredients, except for tax revenue generated by a bundled
2239     transaction attributable to food and food ingredients and tangible personal property other than
2240     food and food ingredients described in Subsection (2)(d).
2241          (11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
2242     fiscal year during which the Division of Finance receives notice under Section 63N-2-510 that
2243     construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the Division of
2244     Finance shall, for two consecutive fiscal years, [annually] deposit annually $1,900,000 of the
2245     revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation
2246     Fund, created in Section 63N-2-512.
2247          [(12) (a) Notwithstanding Subsection (3)(a), for the 2016-17 fiscal year only, the
2248     Division of Finance shall deposit $26,000,000 of the revenues generated by the taxes listed
2249     under Subsection (3)(a) into the Throughput Infrastructure Fund created by Section
2250     35A-8-308.]
2251          [(b) Notwithstanding Subsection (3)(a), for the 2017-18 fiscal year only, the Division
2252     of Finance shall deposit $27,000,000 of the revenues generated by the taxes listed under
2253     Subsection (3)(a) into the Throughput Infrastructure Fund created by Section 35A-8-308.]
2254          [(13)] (12) (a) The rate specified in this subsection is 0.15%.
2255          (b) Notwithstanding Subsection (3)(a), the Division of Finance shall[: (i) on or before
2256     September 30, 2019, transfer the amount of revenue collected from the rate described in
2257     Subsection (13)(a) beginning on April 1, 2019, and ending on June 30, 2019, on the
2258     transactions that are subject to the sales and use tax under Subsection (2)(a)(i)(A) into the
2259     Medicaid Expansion Fund created in Section 26-36b-208; and (ii) ] for a fiscal year beginning

2260     on or after July 1, 2019, [annually] transfer annually the amount of revenue collected from the
2261     rate described in Subsection [(13)] (12)(a) on the transactions that are subject to the sales and
2262     use tax under Subsection (2)(a)(i)(A) into the Medicaid Expansion Fund created in Section
2263     26-36b-208.
2264          Section 6. Section 59-12-104 is amended to read:
2265          59-12-104. Exemptions.
2266          Exemptions from the taxes imposed by this chapter are as follows:
2267          (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
2268     under Chapter 13, Motor and Special Fuel Tax Act;
2269          (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political
2270     subdivisions; however, this exemption does not apply to sales of:
2271          (a) construction materials except:
2272          (i) construction materials purchased by or on behalf of institutions of the public
2273     education system as defined in Utah Constitution, Article X, Section 2, provided the
2274     construction materials are clearly identified and segregated and installed or converted to real
2275     property which is owned by institutions of the public education system; and
2276          (ii) construction materials purchased by the state, its institutions, or its political
2277     subdivisions which are installed or converted to real property by employees of the state, its
2278     institutions, or its political subdivisions; or
2279          (b) tangible personal property in connection with the construction, operation,
2280     maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities
2281     providing additional project capacity, as defined in Section 11-13-103;
2282          (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
2283          (i) the proceeds of each sale do not exceed $1; and
2284          (ii) the seller or operator of the vending machine reports an amount equal to 150% of
2285     the cost of the item described in Subsection (3)(b) as goods consumed; and
2286          (b) Subsection (3)(a) applies to:
2287          (i) food and food ingredients; or
2288          (ii) prepared food;
2289          (4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
2290          (i) alcoholic beverages;

2291          (ii) food and food ingredients; or
2292          (iii) prepared food;
2293          (b) sales of tangible personal property or a product transferred electronically:
2294          (i) to a passenger;
2295          (ii) by a commercial airline carrier; and
2296          (iii) during a flight for in-flight consumption or in-flight use by the passenger; or
2297          (c) services related to Subsection (4)(a) or (b);
2298          [(5) (a) (i) beginning on July 1, 2008, and ending on September 30, 2008, sales of parts
2299     and equipment:]
2300          [(A) (I) by an establishment described in NAICS Code 336411 or 336412 of the 2002
2301     North American Industry Classification System of the federal Executive Office of the
2302     President, Office of Management and Budget; and]
2303          [(II) for:]
2304          [(Aa) installation in an aircraft, including services relating to the installation of parts or
2305     equipment in the aircraft;]
2306          [(Bb) renovation of an aircraft; or]
2307          [(Cc) repair of an aircraft; or]
2308          [(B) for installation in an aircraft operated by a common carrier in interstate or foreign
2309     commerce; or]
2310          [(ii) beginning on October 1, 2008, sales of parts and equipment for installation in an
2311     aircraft operated by a common carrier in interstate or foreign commerce; and]
2312          [(b) notwithstanding the time period of Subsection 59-1-1410(8) for filing for a refund,
2313     a person may claim the exemption allowed by Subsection (5)(a)(i)(B) for a sale by filing for a
2314     refund:]
2315          [(i) if the sale is made on or after July 1, 2008, but on or before September 30, 2008;]
2316          [(ii) as if Subsection (5)(a)(i)(B) were in effect on the day on which the sale is made;]
2317          [(iii) if the person did not claim the exemption allowed by Subsection (5)(a)(i)(B) for
2318     the sale prior to filing for the refund;]
2319          [(iv) for sales and use taxes paid under this chapter on the sale;]
2320          [(v) in accordance with Section 59-1-1410; and]
2321          [(vi) subject to any extension allowed for filing for a refund under Section 59-1-1410,

2322     if the person files for the refund on or before September 30, 2011;]
2323          (5) sales of parts and equipment for installation in an aircraft operated by a common
2324     carrier in interstate or foreign commerce;
2325          (6) sales of commercials, motion picture films, prerecorded audio program tapes or
2326     records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
2327     exhibitor, distributor, or commercial television or radio broadcaster;
2328          (7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
2329     cleaning or washing of tangible personal property if the cleaning or washing of the tangible
2330     personal property is not assisted cleaning or washing of tangible personal property;
2331          (b) if a seller that sells at the same business location assisted cleaning or washing of
2332     tangible personal property and cleaning or washing of tangible personal property that is not
2333     assisted cleaning or washing of tangible personal property, the exemption described in
2334     Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
2335     or washing of the tangible personal property; and
2336          (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
2337     Utah Administrative Rulemaking Act, the commission may make rules:
2338          (i) governing the circumstances under which sales are at the same business location;
2339     and
2340          (ii) establishing the procedures and requirements for a seller to separately account for
2341     sales of assisted cleaning or washing of tangible personal property;
2342          (8) sales made to or by religious or charitable institutions in the conduct of their regular
2343     religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
2344     fulfilled;
2345          (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
2346     this state if the vehicle is:
2347          (a) not registered in this state; and
2348          (b) (i) not used in this state; or
2349          (ii) used in this state:
2350          (A) if the vehicle is not used to conduct business, for a time period that does not
2351     exceed the longer of:
2352          (I) 30 days in any calendar year; or

2353          (II) the time period necessary to transport the vehicle to the borders of this state; or
2354          (B) if the vehicle is used to conduct business, for the time period necessary to transport
2355     the vehicle to the borders of this state;
2356          (10) (a) amounts paid for [an item described in Subsection (10)(b) if] the following
2357     items:
2358          (i) a bed pad or bed liner that is marketed for human incontinence care;
2359          (ii) feminine hygiene products; or
2360          (iii) a diaper; or
2361          (b) amounts paid for a drug, syringe, or stoma supply if:
2362          (i) the item is intended for human use; and
2363          (ii) (A) a prescription was issued for the item; or
2364          (B) the item was purchased by a hospital or other medical facility; [and]
2365          [(b) (i) Subsection (10)(a) applies to:]
2366          [(A) a drug;]
2367          [(B) a syringe; or]
2368          [(C) a stoma supply; and]
2369          [(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2370     the commission may by rule define the terms:]
2371          [(A) "syringe"; or]
2372          [(B) "stoma supply";]
2373          (11) purchases or leases exempt under Section 19-12-201;
2374          (12) (a) sales of an item described in Subsection (12)(c) served by:
2375          (i) the following if the item described in Subsection (12)(c) is not available to the
2376     general public:
2377          (A) a church; or
2378          (B) a charitable institution; or
2379          (ii) an institution of higher education if:
2380          (A) the item described in Subsection (12)(c) is not available to the general public; or
2381          (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
2382     offered by the institution of higher education; or
2383          (b) sales of an item described in Subsection (12)(c) provided for a patient by:

2384          (i) a medical facility; or
2385          (ii) a nursing facility; and
2386          (c) Subsections (12)(a) and (b) apply to:
2387          (i) food and food ingredients;
2388          (ii) prepared food; or
2389          (iii) alcoholic beverages;
2390          (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
2391     or a product transferred electronically by a person:
2392          (i) regardless of the number of transactions involving the sale of that tangible personal
2393     property or product transferred electronically by that person; and
2394          (ii) not regularly engaged in the business of selling that type of tangible personal
2395     property or product transferred electronically;
2396          (b) this Subsection (13) does not apply if:
2397          (i) the sale is one of a series of sales of a character to indicate that the person is
2398     regularly engaged in the business of selling that type of tangible personal property or product
2399     transferred electronically;
2400          (ii) the person holds that person out as regularly engaged in the business of selling that
2401     type of tangible personal property or product transferred electronically;
2402          (iii) the person sells an item of tangible personal property or product transferred
2403     electronically that the person purchased as a sale that is exempt under Subsection (25); or
2404           (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
2405     this state in which case the tax is based upon:
2406          (A) the bill of sale or other written evidence of value of the vehicle or vessel being
2407     sold; or
2408          (B) in the absence of a bill of sale or other written evidence of value, the fair market
2409     value of the vehicle or vessel being sold at the time of the sale as determined by the
2410     commission; and
2411          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2412     commission shall make rules establishing the circumstances under which:
2413          (i) a person is regularly engaged in the business of selling a type of tangible personal
2414     property or product transferred electronically;

2415          (ii) a sale of tangible personal property or a product transferred electronically is one of
2416     a series of sales of a character to indicate that a person is regularly engaged in the business of
2417     selling that type of tangible personal property or product transferred electronically; or
2418          (iii) a person holds that person out as regularly engaged in the business of selling a type
2419     of tangible personal property or product transferred electronically;
2420          (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2421     operating repair or replacement parts, or materials, except for office equipment or office
2422     supplies, by:
2423          (a) a manufacturing facility that:
2424          (i) is located in the state; and
2425          (ii) uses or consumes the machinery, equipment, normal operating repair or
2426     replacement parts, or materials:
2427          (A) in the manufacturing process to manufacture an item sold as tangible personal
2428     property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
2429     Utah Administrative Rulemaking Act; or
2430          (B) for a scrap recycler, to process an item sold as tangible personal property, as the
2431     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2432     Administrative Rulemaking Act;
2433          (b) an establishment, as the commission defines that term in accordance with Title
2434     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2435          (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
2436     Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
2437     Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
2438     2002 North American Industry Classification System of the federal Executive Office of the
2439     President, Office of Management and Budget;
2440          (ii) is located in the state; and
2441          (iii) uses or consumes the machinery, equipment, normal operating repair or
2442     replacement parts, or materials in:
2443          (A) the production process to produce an item sold as tangible personal property, as the
2444     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2445     Administrative Rulemaking Act;

2446          (B) research and development, as the commission may define that phrase in accordance
2447     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2448          (C) transporting, storing, or managing tailings, overburden, or similar waste materials
2449     produced from mining;
2450          (D) developing or maintaining a road, tunnel, excavation, or similar feature used in
2451     mining; or
2452          (E) preventing, controlling, or reducing dust or other pollutants from mining; or
2453          (c) an establishment, as the commission defines that term in accordance with Title 63G,
2454     Chapter 3, Utah Administrative Rulemaking Act, that:
2455          (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
2456     American Industry Classification System of the federal Executive Office of the President,
2457     Office of Management and Budget;
2458          (ii) is located in the state; and
2459          (iii) uses or consumes the machinery, equipment, normal operating repair or
2460     replacement parts, or materials in the operation of the web search portal;
2461          (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
2462          (i) tooling;
2463          (ii) special tooling;
2464          (iii) support equipment;
2465          (iv) special test equipment; or
2466          (v) parts used in the repairs or renovations of tooling or equipment described in
2467     Subsections (15)(a)(i) through (iv); and
2468          (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
2469          (i) the tooling, equipment, or parts are used or consumed exclusively in the
2470     performance of any aerospace or electronics industry contract with the United States
2471     government or any subcontract under that contract; and
2472          (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
2473     title to the tooling, equipment, or parts is vested in the United States government as evidenced
2474     by:
2475          (A) a government identification tag placed on the tooling, equipment, or parts; or
2476          (B) listing on a government-approved property record if placing a government

2477     identification tag on the tooling, equipment, or parts is impractical;
2478          (16) sales of newspapers or newspaper subscriptions;
2479          (17) (a) except as provided in Subsection (17)(b), tangible personal property or a
2480     product transferred electronically traded in as full or part payment of the purchase price, except
2481     that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
2482     trade-ins are limited to other vehicles only, and the tax is based upon:
2483          (i) the bill of sale or other written evidence of value of the vehicle being sold and the
2484     vehicle being traded in; or
2485          (ii) in the absence of a bill of sale or other written evidence of value, the then existing
2486     fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
2487     commission; and
2488          (b) Subsection (17)(a) does not apply to the following items of tangible personal
2489     property or products transferred electronically traded in as full or part payment of the purchase
2490     price:
2491          (i) money;
2492          (ii) electricity;
2493          (iii) water;
2494          (iv) gas; or
2495          (v) steam;
2496          (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
2497     or a product transferred electronically used or consumed primarily and directly in farming
2498     operations, regardless of whether the tangible personal property or product transferred
2499     electronically:
2500          (A) becomes part of real estate; or
2501          (B) is installed by a[:] farmer, a contractor, or a subcontractor; or
2502          [(I) farmer;]
2503          [(II) contractor; or]
2504          [(III) subcontractor; or]
2505          (ii) sales of parts used in the repairs or renovations of tangible personal property or a
2506     product transferred electronically if the tangible personal property or product transferred
2507     electronically is exempt under Subsection (18)(a)(i); and

2508          (b) amounts paid or charged for the following are subject to the taxes imposed by this
2509     chapter:
2510          (i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
2511     supplies if used in a manner that is incidental to farming; and
2512          (B) tangible personal property that is considered to be used in a manner that is
2513     incidental to farming includes:
2514          (I) hand tools; or
2515          (II) maintenance and janitorial equipment and supplies;
2516          (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
2517     transferred electronically if the tangible personal property or product transferred electronically
2518     is used in an activity other than farming; and
2519          (B) tangible personal property or a product transferred electronically that is considered
2520     to be used in an activity other than farming includes:
2521          (I) office equipment and supplies; or
2522          (II) equipment and supplies used in:
2523          (Aa) the sale or distribution of farm products;
2524          (Bb) research; or
2525          (Cc) transportation; or
2526          (iii) a vehicle required to be registered by the laws of this state during the period
2527     ending two years after the date of the vehicle's purchase;
2528          (19) sales of hay;
2529          (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
2530     garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
2531     garden, farm, or other agricultural produce is sold by:
2532          (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
2533     agricultural produce;
2534          (b) an employee of the producer described in Subsection (20)(a); or
2535          (c) a member of the immediate family of the producer described in Subsection (20)(a);
2536          (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
2537     under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
2538          (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,

2539     nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
2540     wholesaler, or retailer for use in packaging tangible personal property to be sold by that
2541     manufacturer, processor, wholesaler, or retailer;
2542          (23) a product stored in the state for resale;
2543          (24) (a) purchases of a product if:
2544          (i) the product is:
2545          (A) purchased outside of this state;
2546          (B) brought into this state:
2547          (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
2548          (II) by a nonresident person who is not living or working in this state at the time of the
2549     purchase;
2550          (C) used for the personal use or enjoyment of the nonresident person described in
2551     Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
2552          (D) not used in conducting business in this state; and
2553          (ii) for:
2554          (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
2555     the product for a purpose for which the product is designed occurs outside of this state;
2556          (B) a boat, the boat is registered outside of this state; or
2557          (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
2558     outside of this state;
2559          (b) the exemption provided for in Subsection (24)(a) does not apply to:
2560          (i) a lease or rental of a product; or
2561          (ii) a sale of a vehicle exempt under Subsection (33); and
2562          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2563     purposes of Subsection (24)(a), the commission may by rule define what constitutes the
2564     following:
2565          (i) conducting business in this state if that phrase has the same meaning in this
2566     Subsection (24) as in Subsection (63);
2567          (ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
2568     as in Subsection (63); or
2569          (iii) a purpose for which a product is designed if that phrase has the same meaning in

2570     this Subsection (24) as in Subsection (63);
2571          (25) a product purchased for resale in the regular course of business, either in its
2572     original form or as an ingredient or component part of a manufactured or compounded product;
2573          (26) a product upon which a sales or use tax was paid to some other state, or one of its
2574     subdivisions, except that the state shall be paid any difference between the tax paid and the tax
2575     imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
2576     the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
2577     Act;
2578          (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a
2579     person for use in compounding a service taxable under the subsections;
2580          (28) purchases made in accordance with the special supplemental nutrition program for
2581     women, infants, and children established in 42 U.S.C. Sec. 1786;
2582          (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
2583     replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
2584     3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
2585     the President, Office of Management and Budget;
2586          (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
2587     Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
2588          (a) not registered in this state; and
2589          (b) (i) not used in this state; or
2590          (ii) used in this state:
2591          (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
2592     time period that does not exceed the longer of:
2593          (I) 30 days in any calendar year; or
2594          (II) the time period necessary to transport the boat, boat trailer, or outboard motor to
2595     the borders of this state; or
2596          (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
2597     period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
2598     state;
2599          (31) sales of aircraft manufactured in Utah;
2600          (32) amounts paid for the purchase of telecommunications service for purposes of

2601     providing telecommunications service;
2602          (33) sales, leases, or uses of the following:
2603          (a) a vehicle by an authorized carrier; or
2604          (b) tangible personal property that is installed on a vehicle:
2605          (i) sold or leased to or used by an authorized carrier; and
2606          (ii) before the vehicle is placed in service for the first time;
2607          (34) (a) 45% of the sales price of any new manufactured home; and
2608          (b) 100% of the sales price of any used manufactured home;
2609          (35) sales relating to schools and fundraising sales;
2610          (36) sales or rentals of durable medical equipment if:
2611          (a) a person presents a prescription for the durable medical equipment; and
2612          (b) the durable medical equipment is used for home use only;
2613          (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
2614     Section 72-11-102; and
2615          (b) the commission shall by rule determine the method for calculating sales exempt
2616     under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
2617          (38) sales to a ski resort of:
2618          (a) snowmaking equipment;
2619          (b) ski slope grooming equipment;
2620          (c) passenger ropeways as defined in Section 72-11-102; or
2621          (d) parts used in the repairs or renovations of equipment or passenger ropeways
2622     described in Subsections (38)(a) through (c);
2623          (39) sales of natural gas, electricity, heat, coal, fuel oil, or other fuels for industrial use;
2624          (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
2625     amusement, entertainment, or recreation an unassisted amusement device as defined in Section
2626     59-12-102;
2627          (b) if a seller that sells or rents at the same business location the right to use or operate
2628     for amusement, entertainment, or recreation one or more unassisted amusement devices and
2629     one or more assisted amusement devices, the exemption described in Subsection (40)(a)
2630     applies if the seller separately accounts for the sales or rentals of the right to use or operate for
2631     amusement, entertainment, or recreation for the assisted amusement devices; and

2632          (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
2633     Utah Administrative Rulemaking Act, the commission may make rules:
2634          (i) governing the circumstances under which sales are at the same business location;
2635     and
2636          (ii) establishing the procedures and requirements for a seller to separately account for
2637     the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
2638     assisted amusement devices;
2639          (41) (a) sales of photocopies by:
2640          (i) a governmental entity; or
2641          (ii) an entity within the state system of public education, including:
2642          (A) a school; or
2643          (B) the State Board of Education; or
2644          (b) sales of publications by a governmental entity;
2645          (42) amounts paid for admission to an athletic event at an institution of higher
2646     education that is subject to the provisions of Title IX of the Education Amendments of 1972,
2647     20 U.S.C. Sec. 1681 et seq.;
2648          (43) (a) sales made to or by:
2649          (i) an area agency on aging; or
2650          (ii) a senior citizen center owned by a county, city, or town; or
2651          (b) sales made by a senior citizen center that contracts with an area agency on aging;
2652          (44) sales or leases of semiconductor fabricating, processing, research, or development
2653     materials regardless of whether the semiconductor fabricating, processing, research, or
2654     development materials:
2655          (a) actually come into contact with a semiconductor; or
2656          (b) ultimately become incorporated into real property;
2657          (45) an amount paid by or charged to a purchaser for accommodations and services
2658     described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section
2659     59-12-104.2;
2660          (46) [beginning on September 1, 2001,] the lease or use of a vehicle issued a temporary
2661     sports event registration certificate in accordance with Section 41-3-306 for the event period
2662     specified on the temporary sports event registration certificate;

2663          (47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
2664     adopted by the Public Service Commission only for purchase of electricity produced from a
2665     new alternative energy source built after January 1, 2016, as designated in the tariff by the
2666     Public Service Commission; and
2667          (b) for a residential use customer only, the exemption under Subsection (47)(a) applies
2668     only to the portion of the tariff rate a customer pays under the tariff described in Subsection
2669     (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
2670     customer would have paid absent the tariff;
2671          (48) sales or rentals of mobility enhancing equipment if a person presents a
2672     prescription for the mobility enhancing equipment;
2673          (49) sales of water in a:
2674          (a) pipe;
2675          (b) conduit;
2676          (c) ditch; or
2677          (d) reservoir;
2678          (50) sales of currency or coins that constitute legal tender of a state, the United States,
2679     or a foreign nation;
2680          (51) (a) sales of an item described in Subsection (51)(b) if the item:
2681          (i) does not constitute legal tender of a state, the United States, or a foreign nation; and
2682          (ii) has a gold, silver, or platinum content of 50% or more; and
2683          (b) Subsection (51)(a) applies to a gold, silver, or platinum:
2684          (i) ingot;
2685          (ii) bar;
2686          (iii) medallion; or
2687          (iv) decorative coin;
2688          (52) amounts paid on a sale-leaseback transaction;
2689          (53) sales of a prosthetic device:
2690          (a) for use on or in a human; and
2691          (b) (i) for which a prescription is required; or
2692          (ii) if the prosthetic device is purchased by a hospital or other medical facility;
2693          (54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of

2694     machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
2695     or equipment is primarily used in the production or postproduction of the following media for
2696     commercial distribution:
2697          (i) a motion picture;
2698          (ii) a television program;
2699          (iii) a movie made for television;
2700          (iv) a music video;
2701          (v) a commercial;
2702          (vi) a documentary; or
2703          (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
2704     commission by administrative rule made in accordance with Subsection (54)(d); or
2705          (b) purchases, leases, or rentals of machinery or equipment by an establishment
2706     described in Subsection (54)(c) that is used for the production or postproduction of the
2707     following are subject to the taxes imposed by this chapter:
2708          (i) a live musical performance;
2709          (ii) a live news program; or
2710          (iii) a live sporting event;
2711          (c) the following establishments listed in the 1997 North American Industry
2712     Classification System of the federal Executive Office of the President, Office of Management
2713     and Budget, apply to Subsections (54)(a) and (b):
2714          (i) NAICS Code 512110; or
2715          (ii) NAICS Code 51219; and
2716          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2717     commission may by rule:
2718          (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
2719     or
2720          (ii) define:
2721          (A) "commercial distribution";
2722          (B) "live musical performance";
2723          (C) "live news program"; or
2724          (D) "live sporting event";

2725          (55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
2726     on or before June 30, 2027, of tangible personal property that:
2727          (i) is leased or purchased for or by a facility that:
2728          (A) is an alternative energy electricity production facility;
2729          (B) is located in the state; and
2730          (C) (I) becomes operational on or after July 1, 2004; or
2731          (II) has its generation capacity increased by one or more megawatts on or after July 1,
2732     2004, as a result of the use of the tangible personal property;
2733          (ii) has an economic life of five or more years; and
2734          (iii) is used to make the facility or the increase in capacity of the facility described in
2735     Subsection (55)(a)(i) operational up to the point of interconnection with an existing
2736     transmission grid including:
2737          (A) a wind turbine;
2738          (B) generating equipment;
2739          (C) a control and monitoring system;
2740          (D) a power line;
2741          (E) substation equipment;
2742          (F) lighting;
2743          (G) fencing;
2744          (H) pipes; or
2745          (I) other equipment used for locating a power line or pole; and
2746          (b) this Subsection (55) does not apply to:
2747          (i) tangible personal property used in construction of:
2748          (A) a new alternative energy electricity production facility; or
2749          (B) the increase in the capacity of an alternative energy electricity production facility;
2750          (ii) contracted services required for construction and routine maintenance activities;
2751     and
2752          (iii) unless the tangible personal property is used or acquired for an increase in capacity
2753     of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
2754     acquired after:
2755          (A) the alternative energy electricity production facility described in Subsection

2756     (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
2757          (B) the increased capacity described in Subsection (55)(a)(i) is operational as described
2758     in Subsection (55)(a)(iii);
2759          (56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
2760     on or before June 30, 2027, of tangible personal property that:
2761          (i) is leased or purchased for or by a facility that:
2762          (A) is a waste energy production facility;
2763          (B) is located in the state; and
2764          (C) (I) becomes operational on or after July 1, 2004; or
2765          (II) has its generation capacity increased by one or more megawatts on or after July 1,
2766     2004, as a result of the use of the tangible personal property;
2767          (ii) has an economic life of five or more years; and
2768          (iii) is used to make the facility or the increase in capacity of the facility described in
2769     Subsection (56)(a)(i) operational up to the point of interconnection with an existing
2770     transmission grid including:
2771          (A) generating equipment;
2772          (B) a control and monitoring system;
2773          (C) a power line;
2774          (D) substation equipment;
2775          (E) lighting;
2776          (F) fencing;
2777          (G) pipes; or
2778          (H) other equipment used for locating a power line or pole; and
2779          (b) this Subsection (56) does not apply to:
2780          (i) tangible personal property used in construction of:
2781          (A) a new waste energy facility; or
2782          (B) the increase in the capacity of a waste energy facility;
2783          (ii) contracted services required for construction and routine maintenance activities;
2784     and
2785          (iii) unless the tangible personal property is used or acquired for an increase in capacity
2786     described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:

2787          (A) the waste energy facility described in Subsection (56)(a)(i) is operational as
2788     described in Subsection (56)(a)(iii); or
2789          (B) the increased capacity described in Subsection (56)(a)(i) is operational as described
2790     in Subsection (56)(a)(iii);
2791          (57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
2792     or before June 30, 2027, of tangible personal property that:
2793          (i) is leased or purchased for or by a facility that:
2794          (A) is located in the state;
2795          (B) produces fuel from alternative energy, including:
2796          (I) methanol; or
2797          (II) ethanol; and
2798          (C) (I) becomes operational on or after July 1, 2004; or
2799          (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
2800     a result of the installation of the tangible personal property;
2801          (ii) has an economic life of five or more years; and
2802          (iii) is installed on the facility described in Subsection (57)(a)(i);
2803          (b) this Subsection (57) does not apply to:
2804          (i) tangible personal property used in construction of:
2805          (A) a new facility described in Subsection (57)(a)(i); or
2806          (B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
2807          (ii) contracted services required for construction and routine maintenance activities;
2808     and
2809          (iii) unless the tangible personal property is used or acquired for an increase in capacity
2810     described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
2811          (A) the facility described in Subsection (57)(a)(i) is operational; or
2812          (B) the increased capacity described in Subsection (57)(a)(i) is operational;
2813          (58) (a) subject to Subsection (58)(b) [or (c)], sales of tangible personal property or a
2814     product transferred electronically to a person within this state if that tangible personal property
2815     or product transferred electronically is subsequently shipped outside the state and incorporated
2816     pursuant to contract into and becomes a part of real property located outside of this state; and
2817          (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other

2818     state or political entity to which the tangible personal property is shipped imposes a sales, use,
2819     gross receipts, or other similar transaction excise tax on the transaction against which the other
2820     state or political entity allows a credit for sales and use taxes imposed by this chapter; [and]
2821          [(c) notwithstanding the time period of Subsection 59-1-1410(8) for filing for a refund,
2822     a person may claim the exemption allowed by this Subsection (58) for a sale by filing for a
2823     refund:]
2824          [(i) if the sale is made on or after July 1, 2004, but on or before June 30, 2008;]
2825          [(ii) as if this Subsection (58) as in effect on July 1, 2008, were in effect on the day on
2826     which the sale is made;]
2827          [(iii) if the person did not claim the exemption allowed by this Subsection (58) for the
2828     sale prior to filing for the refund;]
2829          [(iv) for sales and use taxes paid under this chapter on the sale;]
2830          [(v) in accordance with Section 59-1-1410; and]
2831          [(vi) subject to any extension allowed for filing for a refund under Section 59-1-1410,
2832     if the person files for the refund on or before June 30, 2011;]
2833          (59) purchases:
2834          (a) of one or more of the following items in printed or electronic format:
2835          (i) a list containing information that includes one or more:
2836          (A) names; or
2837          (B) addresses; or
2838          (ii) a database containing information that includes one or more:
2839          (A) names; or
2840          (B) addresses; and
2841          (b) used to send direct mail;
2842          (60) redemptions or repurchases of a product by a person if that product was:
2843          (a) delivered to a pawnbroker as part of a pawn transaction; and
2844          (b) redeemed or repurchased within the time period established in a written agreement
2845     between the person and the pawnbroker for redeeming or repurchasing the product;
2846          (61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
2847          (i) is purchased or leased by, or on behalf of, a telecommunications service provider;
2848     and

2849          (ii) has a useful economic life of one or more years; and
2850          (b) the following apply to Subsection (61)(a):
2851          (i) telecommunications enabling or facilitating equipment, machinery, or software;
2852          (ii) telecommunications equipment, machinery, or software required for 911 service;
2853          (iii) telecommunications maintenance or repair equipment, machinery, or software;
2854          (iv) telecommunications switching or routing equipment, machinery, or software; or
2855          (v) telecommunications transmission equipment, machinery, or software;
2856          (62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
2857     personal property or a product transferred electronically that are used in the research and
2858     development of alternative energy technology; and
2859          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2860     commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
2861     purchases of tangible personal property or a product transferred electronically that are used in
2862     the research and development of alternative energy technology;
2863          (63) (a) purchases of tangible personal property or a product transferred electronically
2864     if:
2865          (i) the tangible personal property or product transferred electronically is:
2866          (A) purchased outside of this state;
2867          (B) brought into this state at any time after the purchase described in Subsection
2868     (63)(a)(i)(A); and
2869          (C) used in conducting business in this state; and
2870          (ii) for:
2871          (A) tangible personal property or a product transferred electronically other than the
2872     tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
2873     for a purpose for which the property is designed occurs outside of this state; or
2874          (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
2875     outside of this state;
2876          (b) the exemption provided for in Subsection (63)(a) does not apply to:
2877          (i) a lease or rental of tangible personal property or a product transferred electronically;
2878     or
2879          (ii) a sale of a vehicle exempt under Subsection (33); and

2880          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2881     purposes of Subsection (63)(a), the commission may by rule define what constitutes the
2882     following:
2883          (i) conducting business in this state if that phrase has the same meaning in this
2884     Subsection (63) as in Subsection (24);
2885          (ii) the first use of tangible personal property or a product transferred electronically if
2886     that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
2887          (iii) a purpose for which tangible personal property or a product transferred
2888     electronically is designed if that phrase has the same meaning in this Subsection (63) as in
2889     Subsection (24);
2890          (64) sales of disposable home medical equipment or supplies if:
2891          (a) a person presents a prescription for the disposable home medical equipment or
2892     supplies;
2893          (b) the disposable home medical equipment or supplies are used exclusively by the
2894     person to whom the prescription described in Subsection (64)(a) is issued; and
2895          (c) the disposable home medical equipment and supplies are listed as eligible for
2896     payment under:
2897          (i) Title XVIII, federal Social Security Act; or
2898          (ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
2899          (65) sales:
2900          (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
2901     District Act; or
2902          (b) of tangible personal property to a subcontractor of a public transit district, if the
2903     tangible personal property is:
2904          (i) clearly identified; and
2905          (ii) installed or converted to real property owned by the public transit district;
2906          (66) sales of construction materials:
2907          (a) purchased on or after July 1, 2010;
2908          (b) purchased by, on behalf of, or for the benefit of an international airport:
2909          (i) located within a county of the first class; and
2910          (ii) that has a United States customs office on its premises; and

2911          (c) if the construction materials are:
2912          (i) clearly identified;
2913          (ii) segregated; and
2914          (iii) installed or converted to real property:
2915          (A) owned or operated by the international airport described in Subsection (66)(b); and
2916          (B) located at the international airport described in Subsection (66)(b);
2917          (67) sales of construction materials:
2918          (a) purchased on or after July 1, 2008;
2919          (b) purchased by, on behalf of, or for the benefit of a new airport:
2920          (i) located within a county of the second class; and
2921          (ii) that is owned or operated by a city in which an airline as defined in Section
2922     59-2-102 is headquartered; and
2923          (c) if the construction materials are:
2924          (i) clearly identified;
2925          (ii) segregated; and
2926          (iii) installed or converted to real property:
2927          (A) owned or operated by the new airport described in Subsection (67)(b);
2928          (B) located at the new airport described in Subsection (67)(b); and
2929          (C) as part of the construction of the new airport described in Subsection (67)(b);
2930          (68) sales of fuel to a common carrier that is a railroad for use in a locomotive engine;
2931          (69) purchases and sales described in Section 63H-4-111;
2932          (70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
2933     overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
2934     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
2935     lists a state or country other than this state as the location of registry of the fixed wing turbine
2936     powered aircraft; or
2937          (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
2938     provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
2939     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
2940     lists a state or country other than this state as the location of registry of the fixed wing turbine
2941     powered aircraft;

2942          (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course:
2943          (a) to a person admitted to an institution of higher education; and
2944          (b) by a seller, other than a bookstore owned by an institution of higher education, if
2945     51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
2946     textbook for a higher education course;
2947          (72) a license fee or tax a municipality imposes in accordance with Subsection
2948     10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced
2949     level of municipal services;
2950          (73) amounts paid or charged for construction materials used in the construction of a
2951     new or expanding life science research and development facility in the state, if the construction
2952     materials are:
2953          (a) clearly identified;
2954          (b) segregated; and
2955          (c) installed or converted to real property;
2956          (74) amounts paid or charged for:
2957          (a) a purchase or lease of machinery and equipment that:
2958          (i) are used in performing qualified research:
2959          (A) as defined in Section 41(d), Internal Revenue Code; and
2960          (B) in the state; and
2961          (ii) have an economic life of three or more years; and
2962          (b) normal operating repair or replacement parts:
2963          (i) for the machinery and equipment described in Subsection (74)(a); and
2964          (ii) that have an economic life of three or more years;
2965          (75) a sale or lease of tangible personal property used in the preparation of prepared
2966     food if:
2967          (a) for a sale:
2968          (i) the ownership of the seller and the ownership of the purchaser are identical; and
2969          (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
2970     tangible personal property prior to making the sale; or
2971          (b) for a lease:
2972          (i) the ownership of the lessor and the ownership of the lessee are identical; and

2973          (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
2974     personal property prior to making the lease;
2975          (76) (a) purchases of machinery or equipment if:
2976          (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
2977     Gambling, and Recreation Industries, of the 2012 North American Industry Classification
2978     System of the federal Executive Office of the President, Office of Management and Budget;
2979          (ii) the machinery or equipment:
2980          (A) has an economic life of three or more years; and
2981          (B) is used by one or more persons who pay admission or user fees described in
2982     Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and
2983          (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
2984          (A) amounts paid or charged as admission or user fees described in Subsection
2985     59-12-103(1)(f); and
2986          (B) subject to taxation under this chapter; and
2987          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2988     commission may make rules for verifying that 51% of a purchaser's sales revenue for the
2989     previous calendar quarter is:
2990          (i) amounts paid or charged as admission or user fees described in Subsection
2991     59-12-103(1)(f); and
2992          (ii) subject to taxation under this chapter;
2993          (77) purchases of a short-term lodging consumable by a business that provides
2994     accommodations and services described in Subsection 59-12-103(1)(i);
2995          (78) amounts paid or charged to access a database:
2996          (a) if the primary purpose for accessing the database is to view or retrieve information
2997     from the database; and
2998          (b) not including amounts paid or charged for a:
2999          (i) digital [audiowork] audio work;
3000          (ii) digital audio-visual work; or
3001          (iii) digital book;
3002          (79) amounts paid or charged for a purchase or lease made by an electronic financial
3003     payment service, of:

3004          (a) machinery and equipment that:
3005          (i) are used in the operation of the electronic financial payment service; and
3006          (ii) have an economic life of three or more years; and
3007          (b) normal operating repair or replacement parts that:
3008          (i) are used in the operation of the electronic financial payment service; and
3009          (ii) have an economic life of three or more years;
3010          (80) [beginning on April 1, 2013,] sales of a fuel cell as defined in Section 54-15-102;
3011          (81) amounts paid or charged for a purchase or lease of tangible personal property or a
3012     product transferred electronically if the tangible personal property or product transferred
3013     electronically:
3014          (a) is stored, used, or consumed in the state; and
3015          (b) is temporarily brought into the state from another state:
3016          (i) during a disaster period as defined in Section 53-2a-1202;
3017          (ii) by an out-of-state business as defined in Section 53-2a-1202;
3018          (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and
3019          (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202;
3020          (82) sales of goods and services at a morale, welfare, and recreation facility, as defined
3021     in Section 39-9-102, made pursuant to Title 39, Chapter 9, State Morale, Welfare, and
3022     Recreation Program;
3023          (83) amounts paid or charged for a purchase or lease of molten magnesium;
3024          (84) amounts paid or charged for a purchase or lease made by a qualifying enterprise
3025     data center of machinery, equipment, or normal operating repair or replacement parts, if the
3026     machinery, equipment, or normal operating repair or replacement parts:
3027          (a) are used in the operation of the establishment; and
3028          (b) have an economic life of one or more years;
3029          (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
3030     vehicle that includes cleaning or washing of the interior of the vehicle;
3031          (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
3032     operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
3033     or consumed:
3034          (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined

3035     in Section 63M-4-701 located in the state;
3036          (b) if the machinery, equipment, normal operating repair or replacement parts,
3037     catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
3038          (i) the production process to produce gasoline or diesel fuel, or at which blendstock is
3039     added to gasoline or diesel fuel;
3040          (ii) research and development;
3041          (iii) transporting, storing, or managing raw materials, work in process, finished
3042     products, and waste materials produced from refining gasoline or diesel fuel, or adding
3043     blendstock to gasoline or diesel fuel;
3044          (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
3045     refining; or
3046          (v) preventing, controlling, or reducing pollutants from refining; and
3047          (c) beginning on July 1, 2021, if the person has obtained a form certified by the Office
3048     of Energy Development under Subsection 63M-4-702(2);
3049          (87) amounts paid to or charged by a proprietor for accommodations and services, as
3050     defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax
3051     imposed under Section 63H-1-205;
3052          (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
3053     operating repair or replacement parts, or materials, except for office equipment or office
3054     supplies, by an establishment, as the commission defines that term in accordance with Title
3055     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
3056          (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
3057     American Industry Classification System of the federal Executive Office of the President,
3058     Office of Management and Budget;
3059          (b) is located in this state; and
3060          (c) uses the machinery, equipment, normal operating repair or replacement parts, or
3061     materials in the operation of the establishment; and
3062          (89) amounts paid or charged for an item exempt under Section 59-12-104.10.
3063          Section 7. Effective date.
3064          This bill takes effect on July 1, 2020.