1     
STATE TRANSIENT ROOM TAX MODIFICATIONS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the state transient room tax.
10     Highlighted Provisions:
11          This bill:
12          ▸     eliminates the scheduled repeal of the State Transient Room Tax Act;
13          ▸     relating to the use of state transient room tax revenue:
14               •     eliminates the scheduled repeal of the Hospitality and Tourism Management
15     Education Account;
16               •     eliminates the scheduled repeal of the Hospitality and Tourism Management
17     Career and Technical Education Pilot Program;
18               •     eliminates the scheduled repeal of the Outdoor Recreational Infrastructure Grant
19     Program; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53E-1-203, as last amended by Laws of Utah 2021, Chapters 129 and 251
28          63I-1-253, as last amended by Laws of Utah 2021, Chapters 14, 64, 106, 233, and 307
29          63I-1-259, as last amended by Laws of Utah 2021, Chapters 64 and 371
30          63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
31     260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
32     of Utah 2021, Chapter 382
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53E-1-203 is amended to read:
36          53E-1-203. State Superintendent's Annual Report.
37          (1) The state board shall prepare and submit to the governor, the Education Interim
38     Committee, and the Public Education Appropriations Subcommittee, by January 15 of each
39     year, an annual written report known as the State Superintendent's Annual Report that includes:
40          (a) the operations, activities, programs, and services of the state board;
41          (b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
42          (c) data on the general condition of the schools with recommendations considered
43     desirable for specific programs, including:
44          (i) a complete statement of fund balances;
45          (ii) a complete statement of revenues by fund and source;
46          (iii) a complete statement of adjusted expenditures by fund, the status of bonded
47     indebtedness, the cost of new school plants, and school levies;
48          (iv) a complete statement of state funds allocated to each school district and charter
49     school by source, including supplemental appropriations, and a complete statement of
50     expenditures by each school district and charter school, including supplemental appropriations,
51     by function and object as outlined in the United States Department of Education publication
52     "Financial Accounting for Local and State School Systems";
53          (v) a statement that includes data on:
54          (A) fall enrollments;
55          (B) average membership;
56          (C) high school graduates;
57          (D) licensed and classified employees, including data reported by school districts on
58     educator ratings described in Section 53G-11-511;
59          (E) pupil-teacher ratios;
60          (F) average class sizes;
61          (G) average salaries;
62          (H) applicable private school data; and
63          (I) data from statewide assessments described in Section 53E-4-301 for each school
64     and school district;
65          (vi) statistical information regarding incidents of delinquent activity in the schools or at
66     school-related activities; and
67          (vii) other statistical and financial information about the school system that the state
68     superintendent considers pertinent.
69          (2) (a) For the purposes of Subsection (1)(c)(v):
70          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
71     students enrolled in a school by the number of full-time equivalent teachers assigned to the
72     school, including regular classroom teachers, school-based specialists, and special education
73     teachers;
74          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
75     the schools within a school district;
76          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
77     pupil-teacher ratio of charter schools in the state; and
78          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
79     pupil-teacher ratio of public schools in the state.
80          (b) The report shall:
81          (i) include the pupil-teacher ratio for:
82          (A) each school district;
83          (B) the charter schools aggregated; and
84          (C) the state's public schools aggregated; and
85          (ii) identify a website where pupil-teacher ratios for each school in the state may be
86     accessed.
87          (3) For each operation, activity, program, or service provided by the state board, the
88     annual report shall include:
89          (a) a description of the operation, activity, program, or service;
90          (b) data and metrics:
91          (i) selected and used by the state board to measure progress, performance,
92     effectiveness, and scope of the operation, activity, program, or service, including summary
93     data; and
94          (ii) that are consistent and comparable for each state operation, activity, program, or
95     service;
96          (c) budget data, including the amount and source of funding, expenses, and allocation
97     of full-time employees for the operation, activity, program, or service;
98          (d) historical data from previous years for comparison with data reported under
99     Subsections (3)(b) and (c);
100          (e) goals, challenges, and achievements related to the operation, activity, program, or
101     service;
102          (f) relevant federal and state statutory references and requirements;
103          (g) contact information of officials knowledgeable and responsible for each operation,
104     activity, program, or service; and
105          (h) other information determined by the state board that:
106          (i) may be needed, useful, or of historical significance; or
107          (ii) promotes accountability and transparency for each operation, activity, program, or
108     service with the public and elected officials.
109          (4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
110          (i) the report described in Section 53E-3-507 by the state board on career and technical
111     education needs and program access;
112          (ii) [through October 1, 2022,] the report described in Section 53E-3-515 by the state
113     board on the Hospitality and Tourism Management Career and Technical Education Pilot
114     Program;
115          (iii) beginning on July 1, 2023, the report described in Section 53E-3-516 by the state
116     board on certain incidents that occur on school grounds;
117          (iv) the report described in Section 53E-4-202 by the state board on the development
118     and implementation of the core standards for Utah public schools;
119          (v) the report described in Section 53E-5-310 by the state board on school turnaround
120     and leadership development;
121          (vi) the report described in Section 53E-10-308 by the state board and Utah Board of
122     Higher Education on student participation in the concurrent enrollment program;
123          (vii) the report described in Section 53F-5-506 by the state board on information
124     related to personalized, competency-based learning; and
125          (viii) the report described in Section 53G-9-802 by the state board on dropout
126     prevention and recovery services.
127          (b) The Education Interim Committee or the Public Education Appropriations
128     Subcommittee may request a report described in Subsection (4)(a) to be reported separately
129     from the State Superintendent's Annual Report.
130          (5) The annual report shall be designed to provide clear, accurate, and accessible
131     information to the public, the governor, and the Legislature.
132          (6) The state board shall:
133          (a) submit the annual report in accordance with Section 68-3-14; and
134          (b) make the annual report, and previous annual reports, accessible to the public by
135     placing a link to the reports on the state board's website.
136          (7) (a) Upon request of the Education Interim Committee or Public Education
137     Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
138     Report to either committee.
139          (b) After submitting the State Superintendent's Annual Report in accordance with this
140     section, the state board may supplement the report at a later time with updated data,
141     information, or other materials as necessary or upon request by the governor, the Education
142     Interim Committee, or the Public Education Appropriations Subcommittee.
143          Section 2. Section 63I-1-253 is amended to read:
144          63I-1-253. Repeal dates, Titles 53 through 53G.
145          (1) Section 53-2a-105, which creates the Emergency Management Administration
146     Council, is repealed July 1, 2022.
147          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
148     Board, are repealed July 1, 2022.
149          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
150     July 1, 2023.
151          (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
152     repealed July 1, 2027.
153          (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
154     repealed July 1, 2027.
155          (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
156     repealed July 1, 2024.
157          (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
158          (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
159     repealed January 1, 2025.
160          (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
161          (10) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
162     1, 2025.
163          (11) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
164     from the Land Exchange Distribution Account to the Geological Survey for test wells and other
165     hydrologic studies in the West Desert, is repealed July 1, 2030.
166          [(12) Section 53E-3-515 is repealed January 1, 2023.]
167          [(13)] (12) In relation to a standards review committee, on January 1, 2023:
168          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
169     recommendations of a standards review committee established under Section 53E-4-203" is
170     repealed; and
171          (b) Section 53E-4-203 is repealed.
172          [(14)] (13) Subsections 53E-3-503(5) and (6), which create coordinating councils for
173     youth in custody, are repealed July 1, 2027.
174          [(15)] (14) Section 53E-4-402, which creates the State Instructional Materials
175     Commission, is repealed July 1, 2022.
176          [(16)] (15) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
177     Commission, is repealed July 1, 2023.
178          [(17) Subsection 53E-8-204(4), which creates the advisory council for the Utah
179     Schools for the Deaf and the Blind, is repealed July 1, 2021.]
180          [(18)] (16) Section 53F-2-420, which creates the Intensive Services Special Education
181     Pilot Program, is repealed July 1, 2024.
182          [(19)] (17) Section 53F-5-203 is repealed July 1, 2024.
183          [(20)] (18) Section 53F-5-212 is repealed July 1, 2024.
184          [(21)] (19) Section 53F-5-213 is repealed July 1, 2023.
185          [(22)] (20) Section 53F-5-214, in relation to a grant for professional learning, is
186     repealed July 1, 2025.
187          [(23)] (21) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
188     repealed July 1, 2025.
189          [(24)] (22) Subsection 53F-9-203(7), which creates the Charter School Revolving
190     Account Committee, is repealed July 1, 2024.
191          [(25) Section 53F-9-501 is repealed January 1, 2023.]
192          [(26)] (23) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
193     Commission, are repealed January 1, 2025.
194          [(27)] (24) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class
195     C misdemeanor, is repealed July 1, 2022.
196          Section 3. Section 63I-1-259 is amended to read:
197          63I-1-259. Repeal dates, Title 59.
198          (1) Section 59-1-213.1 is repealed [on] May 9, 2024.
199          (2) Section 59-1-213.2 is repealed [on] May 9, 2024.
200          (3) Subsection 59-1-405(1)(g) is repealed [on] May 9, 2024.
201          (4) Subsection 59-1-405(2)(b) is repealed [on] May 9, 2024.
202          (5) Section 59-7-618.1 is repealed July 1, 2029.
203          (6) Section 59-9-102.5 is repealed December 31, 2030.
204          (7) Section 59-10-1033.1 is repealed July 1, 2029.
205          [(8) Title 59, Chapter 28, State Transient Room Tax Act, is repealed on January 1,
206     2023.]
207          Section 4. Section 63I-1-263 is amended to read:
208          63I-1-263. Repeal dates, Titles 63A to 63N.
209          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
210          (a) Section 63A-16-102 is repealed;
211          (b) Section 63A-16-201 is repealed; and
212          (c) Section 63A-16-202 is repealed.
213          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
214     improvement funding, is repealed July 1, 2024.
215          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
216     2023.
217          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
218     Committee, are repealed July 1, 2023.
219          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
220     1, 2028.
221          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
222     2025.
223          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
224     2024.
225          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
226     repealed July 1, 2023.
227          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
228     July 1, 2023.
229          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
230     repealed July 1, 2026.
231          (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
232     July 1, 2025.
233          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
234     Advisory Board, is repealed July 1, 2026.
235          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
236     2025.
237          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
238     2024.
239          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
240          (16) Subsection 63J-1-602.1(17), Nurse Home Visiting Restricted Account is repealed
241     July 1, 2026.
242          (17) (a) Subsection 63J-1-602.1(61), relating to the Utah Statewide Radio System
243     Restricted Account, is repealed July 1, 2022.
244          (b) When repealing Subsection 63J-1-602.1(61), the Office of Legislative Research and
245     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
246     necessary changes to subsection numbering and cross references.
247          (18) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah Marriage
248     Commission, is repealed July 1, 2023.
249          (19) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is repealed
250     July 1, 2022.
251          (20) Subsection 63J-1-602.2(24), related to the Utah Seismic Safety Commission, is
252     repealed January 1, 2025.
253          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
254     repealed July 1, 2027.
255          (22) In relation to the advisory committee created in Subsection 63L-11-305(3), on July
256     1, 2022:
257          (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
258          (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.
259          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
260     January 1, 2023:
261          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
262     repealed;
263          (b) Section 63M-7-305, the language that states "council" is replaced with
264     "commission";
265          (c) Subsection 63M-7-305(1) is repealed and replaced with:
266          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
267          (d) Subsection 63M-7-305(2) is repealed and replaced with:
268          "(2) The commission shall:
269          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
270     Drug-Related Offenses Reform Act; and
271          (b) coordinate the implementation of Section 77-18-104 and related provisions in
272     Subsections 77-18-103(2)(c) and (d).".
273          (24) The Crime Victim Reparations and Assistance Board, created in Section
274     63M-7-504, is repealed July 1, 2027.
275          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
276     1, 2022.
277          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2026.
278          (27) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
279     Council, is repealed July 1, 2024.
280          (28) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
281          (29) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed July
282     1, 2028.
283          (30) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
284     January 1, 2021.
285          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
286     calendar years beginning on or after January 1, 2021.
287          (c) Notwithstanding Subsection(30)(b), an entity may carry forward a tax credit in
288     accordance with Section 59-9-107 if:
289          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
290     31, 2020; and
291          (ii) the qualified equity investment that is the basis of the tax credit is certified under
292     Section 63N-2-603 on or before December 31, 2023.
293          (31) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
294     July 1, 2023.
295          (32) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
296     2025.
297          [(33) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
298     is repealed January 1, 2028.]