1     
FOOD SALES TAX MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rosemary T. Lesser

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill reduces the tax imposed on amounts paid or charged for certain food.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes the state sales and use tax from amounts paid or charged for food and food
13     ingredients;
14          ▸     excludes candy from the definition of food and food ingredients; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a special effective date.
20     Utah Code Sections Affected:
21     AMENDS:
22          59-12-102, as last amended by Laws of Utah 2021, Chapters 64, 367 and 414 and last
23     amended by Coordination Clause, Laws of Utah 2021, Chapter 367
24          59-12-103, as last amended by Laws of Utah 2022, Chapters 77, 106 and 433
25          59-12-104, as last amended by Laws of Utah 2022, Chapters 228, 275, 280, and 373
26          59-12-107.1, as last amended by Laws of Utah 2008, Chapters 382, 384
27          59-12-108, as last amended by Laws of Utah 2020, Chapters 294, 407

28          59-12-603, as last amended by Laws of Utah 2020, Chapter 407
29          63N-7-301, as last amended by Laws of Utah 2022, Chapters 274, 362 and last
30     amended by Coordination Clause, Laws of Utah 2022, Chapter 362
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 59-12-102 is amended to read:
34          59-12-102. Definitions.
35          As used in this chapter:
36          (1) "800 service" means a telecommunications service that:
37          (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
38          (b) is typically marketed:
39          (i) under the name 800 toll-free calling;
40          (ii) under the name 855 toll-free calling;
41          (iii) under the name 866 toll-free calling;
42          (iv) under the name 877 toll-free calling;
43          (v) under the name 888 toll-free calling; or
44          (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
45     Federal Communications Commission.
46          (2) (a) "900 service" means an inbound toll telecommunications service that:
47          (i) a subscriber purchases;
48          (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
49     the subscriber's:
50          (A) prerecorded announcement; or
51          (B) live service; and
52          (iii) is typically marketed:
53          (A) under the name 900 service; or
54          (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
55     Communications Commission.
56          (b) "900 service" does not include a charge for:
57          (i) a collection service a seller of a telecommunications service provides to a
58     subscriber; or

59          (ii) the following a subscriber sells to the subscriber's customer:
60          (A) a product; or
61          (B) a service.
62          (3) (a) "Admission or user fees" includes season passes.
63          (b) "Admission or user fees" does not include:
64          (i) annual membership dues to private organizations; or
65          (ii) a lesson, including a lesson that involves as part of the lesson equipment or a
66     facility listed in Subsection 59-12-103(1)(f).
67          (4) "Affiliate" or "affiliated person" means a person that, with respect to another
68     person:
69          (a) has an ownership interest of more than 5%, whether direct or indirect, in that other
70     person; or
71          (b) is related to the other person because a third person, or a group of third persons who
72     are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
73     whether direct or indirect, in the related persons.
74          (5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
75     November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
76     Agreement after November 12, 2002.
77          (6) "Agreement combined tax rate" means the sum of the tax rates:
78          (a) listed under Subsection (7); and
79          (b) that are imposed within a local taxing jurisdiction.
80          (7) "Agreement sales and use tax" means a tax imposed under:
81          (a) Subsection 59-12-103(2)(a)(i)(A);
82          (b) Subsection 59-12-103(2)(b)(i);
83          [(c) Subsection 59-12-103(2)(c)(i);]
84          [(d)] (c) Subsection 59-12-103(2)(d);
85          [(e)] (d) Subsection 59-12-103(2)(e)(i)(A)(I);
86          [(f)] (e) Section 59-12-204;
87          [(g)] (f) Section 59-12-401;
88          [(h)] (g) Section 59-12-402;
89          [(i)] (h) Section 59-12-402.1;

90          [(j)] (i) Section 59-12-703;
91          [(k)] (j) Section 59-12-802;
92          [(l)] (k) Section 59-12-804;
93          [(m)] (l) Section 59-12-1102;
94          [(n)] (m) Section 59-12-1302;
95          [(o)] (n) Section 59-12-1402;
96          [(p)] (o) Section 59-12-1802;
97          [(q)] (p) Section 59-12-2003;
98          [(r)] (q) Section 59-12-2103;
99          [(s)] (r) Section 59-12-2213;
100          [(t)] (s) Section 59-12-2214;
101          [(u)] (t) Section 59-12-2215;
102          [(v)] (u) Section 59-12-2216;
103          [(w)] (v) Section 59-12-2217;
104          [(x)] (w) Section 59-12-2218;
105          [(y)] (x) Section 59-12-2219; or
106          [(z)] (y) Section 59-12-2220.
107          (8) "Aircraft" means the same as that term is defined in Section 72-10-102.
108          (9) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
109          (a) except for:
110          (i) an airline as defined in Section 59-2-102; or
111          (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
112     includes a corporation that is qualified to do business but is not otherwise doing business in the
113     state, of an airline; and
114          (b) that has the workers, expertise, and facilities to perform the following, regardless of
115     whether the business entity performs the following in this state:
116          (i) check, diagnose, overhaul, and repair:
117          (A) an onboard system of a fixed wing turbine powered aircraft; and
118          (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
119          (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
120     engine;

121          (iii) perform at least the following maintenance on a fixed wing turbine powered
122     aircraft:
123          (A) an inspection;
124          (B) a repair, including a structural repair or modification;
125          (C) changing landing gear; and
126          (D) addressing issues related to an aging fixed wing turbine powered aircraft;
127          (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
128     completely apply new paint to the fixed wing turbine powered aircraft; and
129          (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
130     results in a change in the fixed wing turbine powered aircraft's certification requirements by the
131     authority that certifies the fixed wing turbine powered aircraft.
132          (10) "Alcoholic beverage" means a beverage that:
133          (a) is suitable for human consumption; and
134          (b) contains .5% or more alcohol by volume.
135          (11) "Alternative energy" means:
136          (a) biomass energy;
137          (b) geothermal energy;
138          (c) hydroelectric energy;
139          (d) solar energy;
140          (e) wind energy; or
141          (f) energy that is derived from:
142          (i) coal-to-liquids;
143          (ii) nuclear fuel;
144          (iii) oil-impregnated diatomaceous earth;
145          (iv) oil sands;
146          (v) oil shale;
147          (vi) petroleum coke; or
148          (vii) waste heat from:
149          (A) an industrial facility; or
150          (B) a power station in which an electric generator is driven through a process in which
151     water is heated, turns into steam, and spins a steam turbine.

152          (12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
153     facility" means a facility that:
154          (i) uses alternative energy to produce electricity; and
155          (ii) has a production capacity of two megawatts or greater.
156          (b) A facility is an alternative energy electricity production facility regardless of
157     whether the facility is:
158          (i) connected to an electric grid; or
159          (ii) located on the premises of an electricity consumer.
160          (13) (a) "Ancillary service" means a service associated with, or incidental to, the
161     provision of telecommunications service.
162          (b) "Ancillary service" includes:
163          (i) a conference bridging service;
164          (ii) a detailed communications billing service;
165          (iii) directory assistance;
166          (iv) a vertical service; or
167          (v) a voice mail service.
168          (14) "Area agency on aging" means the same as that term is defined in Section
169     62A-3-101.
170          (15) "Assisted amusement device" means an amusement device, skill device, or ride
171     device that is started and stopped by an individual:
172          (a) who is not the purchaser or renter of the right to use or operate the amusement
173     device, skill device, or ride device; and
174          (b) at the direction of the seller of the right to use the amusement device, skill device,
175     or ride device.
176          (16) "Assisted cleaning or washing of tangible personal property" means cleaning or
177     washing of tangible personal property if the cleaning or washing labor is primarily performed
178     by an individual:
179          (a) who is not the purchaser of the cleaning or washing of the tangible personal
180     property; and
181          (b) at the direction of the seller of the cleaning or washing of the tangible personal
182     property.

183          (17) "Authorized carrier" means:
184          (a) in the case of vehicles operated over public highways, the holder of credentials
185     indicating that the vehicle is or will be operated pursuant to both the International Registration
186     Plan and the International Fuel Tax Agreement;
187          (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
188     certificate or air carrier's operating certificate; or
189          (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
190     stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
191     stock in more than one state.
192          (18) (a) Except as provided in Subsection (18)(b), "biomass energy" means any of the
193     following that is used as the primary source of energy to produce fuel or electricity:
194          (i) material from a plant or tree; or
195          (ii) other organic matter that is available on a renewable basis, including:
196          (A) slash and brush from forests and woodlands;
197          (B) animal waste;
198          (C) waste vegetable oil;
199          (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
200     wastewater residuals, or through the conversion of a waste material through a nonincineration,
201     thermal conversion process;
202          (E) aquatic plants; and
203          (F) agricultural products.
204          (b) "Biomass energy" does not include:
205          (i) black liquor; or
206          (ii) treated woods.
207          (19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
208     property, products, or services if the tangible personal property, products, or services are:
209          (i) distinct and identifiable; and
210          (ii) sold for one nonitemized price.
211          (b) "Bundled transaction" does not include:
212          (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
213     the basis of the selection by the purchaser of the items of tangible personal property included in

214     the transaction;
215          (ii) the sale of real property;
216          (iii) the sale of services to real property;
217          (iv) the retail sale of tangible personal property and a service if:
218          (A) the tangible personal property:
219          (I) is essential to the use of the service; and
220          (II) is provided exclusively in connection with the service; and
221          (B) the service is the true object of the transaction;
222          (v) the retail sale of two services if:
223          (A) one service is provided that is essential to the use or receipt of a second service;
224          (B) the first service is provided exclusively in connection with the second service; and
225          (C) the second service is the true object of the transaction;
226          (vi) a transaction that includes tangible personal property or a product subject to
227     taxation under this chapter and tangible personal property or a product that is not subject to
228     taxation under this chapter if the:
229          (A) seller's purchase price of the tangible personal property or product subject to
230     taxation under this chapter is de minimis; or
231          (B) seller's sales price of the tangible personal property or product subject to taxation
232     under this chapter is de minimis; and
233          (vii) the retail sale of tangible personal property that is not subject to taxation under
234     this chapter and tangible personal property that is subject to taxation under this chapter if:
235          (A) that retail sale includes:
236          (I) food and food ingredients;
237          (II) a drug;
238          (III) durable medical equipment;
239          (IV) mobility enhancing equipment;
240          (V) an over-the-counter drug;
241          (VI) a prosthetic device; or
242          (VII) a medical supply; and
243          (B) subject to Subsection (19)(f):
244          (I) the seller's purchase price of the tangible personal property subject to taxation under

245     this chapter is 50% or less of the seller's total purchase price of that retail sale; or
246          (II) the seller's sales price of the tangible personal property subject to taxation under
247     this chapter is 50% or less of the seller's total sales price of that retail sale.
248          (c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
249     service that is distinct and identifiable does not include:
250          (A) packaging that:
251          (I) accompanies the sale of the tangible personal property, product, or service; and
252          (II) is incidental or immaterial to the sale of the tangible personal property, product, or
253     service;
254          (B) tangible personal property, a product, or a service provided free of charge with the
255     purchase of another item of tangible personal property, a product, or a service; or
256          (C) an item of tangible personal property, a product, or a service included in the
257     definition of "purchase price."
258          (ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
259     product, or a service is provided free of charge with the purchase of another item of tangible
260     personal property, a product, or a service if the sales price of the purchased item of tangible
261     personal property, product, or service does not vary depending on the inclusion of the tangible
262     personal property, product, or service provided free of charge.
263          (d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price
264     does not include a price that is separately identified by tangible personal property, product, or
265     service on the following, regardless of whether the following is in paper format or electronic
266     format:
267          (A) a binding sales document; or
268          (B) another supporting sales-related document that is available to a purchaser.
269          (ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
270     supporting sales-related document that is available to a purchaser includes:
271          (A) a bill of sale;
272          (B) a contract;
273          (C) an invoice;
274          (D) a lease agreement;
275          (E) a periodic notice of rates and services;

276          (F) a price list;
277          (G) a rate card;
278          (H) a receipt; or
279          (I) a service agreement.
280          (e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
281     property or a product subject to taxation under this chapter is de minimis if:
282          (A) the seller's purchase price of the tangible personal property or product is 10% or
283     less of the seller's total purchase price of the bundled transaction; or
284          (B) the seller's sales price of the tangible personal property or product is 10% or less of
285     the seller's total sales price of the bundled transaction.
286          (ii) For purposes of Subsection (19)(b)(vi), a seller:
287          (A) shall use the seller's purchase price or the seller's sales price to determine if the
288     purchase price or sales price of the tangible personal property or product subject to taxation
289     under this chapter is de minimis; and
290          (B) may not use a combination of the seller's purchase price and the seller's sales price
291     to determine if the purchase price or sales price of the tangible personal property or product
292     subject to taxation under this chapter is de minimis.
293          (iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
294     contract to determine if the sales price of tangible personal property or a product is de minimis.
295          (f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
296     the seller's purchase price and the seller's sales price to determine if tangible personal property
297     subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
298     price of that retail sale.
299          (20) (a) "Candy" means a preparation of sugar, honey, or other natural or artificial
300     sweetener in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the
301     form of bars, drops, or pieces.
302          (b) "Candy" does not include a preparation that:
303          (i) contains flour and does not require refrigeration; or
304          (ii) has as its predominant ingredient dried or partially dried fruit along with one or
305     more sweeteners, regardless of whether the preparation contains other additives.
306          (c) "Candy" includes a preparation described in Subsection (20)(b)(ii) if the

307     preparation:
308          (i) includes chocolate, nuts, or yogurt;
309          (ii) has a confectionary coating or glazing on the dried or partially dried fruit; or
310          (iii) the dried or partially dried fruit that is the predominant ingredient is fruit that has
311     been ground, crushed, grated, flaked, pureed, or jellied.
312          [(20)] (21) "Certified automated system" means software certified by the governing
313     board of the agreement that:
314          (a) calculates the agreement sales and use tax imposed within a local taxing
315     jurisdiction:
316          (i) on a transaction; and
317          (ii) in the states that are members of the agreement;
318          (b) determines the amount of agreement sales and use tax to remit to a state that is a
319     member of the agreement; and
320          (c) maintains a record of the transaction described in Subsection [(20)(a)(i)] (21)(a)(i).
321          [(21)] (22) "Certified service provider" means an agent certified:
322          (a) by the governing board of the agreement; and
323          (b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
324     as outlined in the contract between the governing board of the agreement and the certified
325     service provider, other than the seller's obligation under Section 59-12-124 to remit a tax on the
326     seller's own purchases.
327          [(22)] (23) (a) Subject to Subsection [(22)(b)] (23)(b), "clothing" means all human
328     wearing apparel suitable for general use.
329          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
330     commission shall make rules:
331          (i) listing the items that constitute "clothing"; and
332          (ii) that are consistent with the list of items that constitute "clothing" under the
333     agreement.
334          [(23)] (24) "Coal-to-liquid" means the process of converting coal into a liquid synthetic
335     fuel.
336          [(24)] (25) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or
337     other fuels that does not constitute industrial use under Subsection [(57)] (58) or residential use

338     under Subsection [(112)] (113).
339          [(25)] (26) (a) "Common carrier" means a person engaged in or transacting the
340     business of transporting passengers, freight, merchandise, or other property for hire within this
341     state.
342          (b) (i) "Common carrier" does not include a person that, at the time the person is
343     traveling to or from that person's place of employment, transports a passenger to or from the
344     passenger's place of employment.
345          (ii) For purposes of Subsection [(25)(b)(i)] (26)(b)(i), in accordance with Title 63G,
346     Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules defining
347     what constitutes a person's place of employment.
348          (c) "Common carrier" does not include a person that provides transportation network
349     services, as defined in Section 13-51-102.
350          [(26)] (27) "Component part" includes:
351          (a) poultry, dairy, and other livestock feed, and their components;
352          (b) baling ties and twine used in the baling of hay and straw;
353          (c) fuel used for providing temperature control of orchards and commercial
354     greenhouses doing a majority of their business in wholesale sales, and for providing power for
355     off-highway type farm machinery; and
356          (d) feed, seeds, and seedlings.
357          [(27)] (28) "Computer" means an electronic device that accepts information:
358          (a) (i) in digital form; or
359          (ii) in a form similar to digital form; and
360          (b) manipulates that information for a result based on a sequence of instructions.
361          [(28)] (29) "Computer software" means a set of coded instructions designed to cause:
362          (a) a computer to perform a task; or
363          (b) automatic data processing equipment to perform a task.
364          [(29)] (30) "Computer software maintenance contract" means a contract that obligates a
365     seller of computer software to provide a customer with:
366          (a) future updates or upgrades to computer software;
367          (b) support services with respect to computer software; or
368          (c) a combination of Subsections [(29)(a)] (30)(a) and (b).

369          [(30)] (31) (a) "Conference bridging service" means an ancillary service that links two
370     or more participants of an audio conference call or video conference call.
371          (b) "Conference bridging service" may include providing a telephone number as part of
372     the ancillary service described in Subsection [(30)(a)] (31)(a).
373          (c) "Conference bridging service" does not include a telecommunications service used
374     to reach the ancillary service described in Subsection [(30)(a)] (31)(a).
375          [(31)] (32) "Construction materials" means any tangible personal property that will be
376     converted into real property.
377          [(32)] (33) "Delivered electronically" means delivered to a purchaser by means other
378     than tangible storage media.
379          [(33)] (34) (a) "Delivery charge" means a charge:
380          (i) by a seller of:
381          (A) tangible personal property;
382          (B) a product transferred electronically; or
383          (C) a service; and
384          (ii) for preparation and delivery of the tangible personal property, product transferred
385     electronically, or services described in Subsection [(33)(a)(i)] (34)(a)(i) to a location designated
386     by the purchaser.
387          (b) "Delivery charge" includes a charge for the following:
388          (i) transportation;
389          (ii) shipping;
390          (iii) postage;
391          (iv) handling;
392          (v) crating; or
393          (vi) packing.
394          [(34)] (35) "Detailed telecommunications billing service" means an ancillary service of
395     separately stating information pertaining to individual calls on a customer's billing statement.
396          [(35)] (36) "Dietary supplement" means a product, other than tobacco, that:
397          (a) is intended to supplement the diet;
398          (b) contains one or more of the following dietary ingredients:
399          (i) a vitamin;

400          (ii) a mineral;
401          (iii) an herb or other botanical;
402          (iv) an amino acid;
403          (v) a dietary substance for use by humans to supplement the diet by increasing the total
404     dietary intake; or
405          (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
406     described in Subsections [(35)(b)(i)] (36)(b)(i) through (v);
407          (c) (i) except as provided in Subsection [(35)(c)(ii)] (36)(c)(ii), is intended for
408     ingestion in:
409          (A) tablet form;
410          (B) capsule form;
411          (C) powder form;
412          (D) softgel form;
413          (E) gelcap form; or
414          (F) liquid form; or
415          (ii) if the product is not intended for ingestion in a form described in Subsections
416     [(35)(c)(i)(A)] (36)(c)(i)(A) through (F), is not represented:
417          (A) as conventional food; and
418          (B) for use as a sole item of:
419          (I) a meal; or
420          (II) the diet; and
421          (d) is required to be labeled as a dietary supplement:
422          (i) identifiable by the "Supplemental Facts" box found on the label; and
423          (ii) as required by 21 C.F.R. Sec. 101.36.
424          [(36)] (37) (a) "Digital audio work" means a work that results from the fixation of a
425     series of musical, spoken, or other sounds.
426          (b) "Digital audio work" includes a ringtone.
427          [(37)] (38) "Digital audio-visual work" means a series of related images which, when
428     shown in succession, imparts an impression of motion, together with accompanying sounds, if
429     any.
430          [(38)] (39) "Digital book" means a work that is generally recognized in the ordinary

431     and usual sense as a book.
432          [(39)] (40) (a) "Direct mail" means printed material delivered or distributed by United
433     States mail or other delivery service:
434          (i) to:
435          (A) a mass audience; or
436          (B) addressees on a mailing list provided:
437          (I) by a purchaser of the mailing list; or
438          (II) at the discretion of the purchaser of the mailing list; and
439          (ii) if the cost of the printed material is not billed directly to the recipients.
440          (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
441     purchaser to a seller of direct mail for inclusion in a package containing the printed material.
442          (c) "Direct mail" does not include multiple items of printed material delivered to a
443     single address.
444          [(40)] (41) "Directory assistance" means an ancillary service of providing:
445          (a) address information; or
446          (b) telephone number information.
447          [(41)] (42) (a) "Disposable home medical equipment or supplies" means medical
448     equipment or supplies that:
449          (i) cannot withstand repeated use; and
450          (ii) are purchased by, for, or on behalf of a person other than:
451          (A) a health care facility as defined in Section 26-21-2;
452          (B) a health care provider as defined in Section 78B-3-403;
453          (C) an office of a health care provider described in Subsection [(41)(a)(ii)(B)]
454     (42)(a)(ii)(B); or
455          (D) a person similar to a person described in Subsections [(41)(a)(ii)(A)] (42)(a)(ii)(A)
456     through (C).
457          (b) "Disposable home medical equipment or supplies" does not include:
458          (i) a drug;
459          (ii) durable medical equipment;
460          (iii) a hearing aid;
461          (iv) a hearing aid accessory;

462          (v) mobility enhancing equipment; or
463          (vi) tangible personal property used to correct impaired vision, including:
464          (A) eyeglasses; or
465          (B) contact lenses.
466          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
467     commission may by rule define what constitutes medical equipment or supplies.
468          [(42)] (43) "Drilling equipment manufacturer" means a facility:
469          (a) located in the state;
470          (b) with respect to which 51% or more of the manufacturing activities of the facility
471     consist of manufacturing component parts of drilling equipment;
472          (c) that uses pressure of 800,000 or more pounds per square inch as part of the
473     manufacturing process; and
474          (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
475     manufacturing process.
476          [(43)] (44) (a) "Drug" means a compound, substance, or preparation, or a component of
477     a compound, substance, or preparation that is:
478          (i) recognized in:
479          (A) the official United States Pharmacopoeia;
480          (B) the official Homeopathic Pharmacopoeia of the United States;
481          (C) the official National Formulary; or
482          (D) a supplement to a publication listed in Subsections [(43)(a)(i)(A)] (44)(a)(i)(A)
483     through (C);
484          (ii) intended for use in the:
485          (A) diagnosis of disease;
486          (B) cure of disease;
487          (C) mitigation of disease;
488          (D) treatment of disease; or
489          (E) prevention of disease; or
490          (iii) intended to affect:
491          (A) the structure of the body; or
492          (B) any function of the body.

493          (b) "Drug" does not include:
494          (i) food and food ingredients;
495          (ii) a dietary supplement;
496          (iii) an alcoholic beverage; or
497          (iv) a prosthetic device.
498          [(44)] (45) (a) Except as provided in Subsection [(44)(c)] (45)(c), "durable medical
499     equipment" means equipment that:
500          (i) can withstand repeated use;
501          (ii) is primarily and customarily used to serve a medical purpose;
502          (iii) generally is not useful to a person in the absence of illness or injury; and
503          (iv) is not worn in or on the body.
504          (b) "Durable medical equipment" includes parts used in the repair or replacement of the
505     equipment described in Subsection [(44)(a)] (45)(a).
506          (c) "Durable medical equipment" does not include mobility enhancing equipment.
507          [(45)] (46) "Electronic" means:
508          (a) relating to technology; and
509          (b) having:
510          (i) electrical capabilities;
511          (ii) digital capabilities;
512          (iii) magnetic capabilities;
513          (iv) wireless capabilities;
514          (v) optical capabilities;
515          (vi) electromagnetic capabilities; or
516          (vii) capabilities similar to Subsections [(45)(b)(i)] (46)(b)(i) through (vi).
517          [(46)] (47) "Electronic financial payment service" means an establishment:
518          (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
519     Clearinghouse Activities, of the 2012 North American Industry Classification System of the
520     federal Executive Office of the President, Office of Management and Budget; and
521          (b) that performs electronic financial payment services.
522          [(47)] (48) "Employee" means the same as that term is defined in Section 59-10-401.
523          [(48)] (49) "Fixed guideway" means a public transit facility that uses and occupies:

524          (a) rail for the use of public transit; or
525          (b) a separate right-of-way for the use of public transit.
526          [(49)] (50) "Fixed wing turbine powered aircraft" means an aircraft that:
527          (a) is powered by turbine engines;
528          (b) operates on jet fuel; and
529          (c) has wings that are permanently attached to the fuselage of the aircraft.
530          [(50)] (51) "Fixed wireless service" means a telecommunications service that provides
531     radio communication between fixed points.
532          [(51)] (52) (a) "Food and food ingredients" means substances:
533          (i) regardless of whether the substances are in:
534          (A) liquid form;
535          (B) concentrated form;
536          (C) solid form;
537          (D) frozen form;
538          (E) dried form; or
539          (F) dehydrated form; and
540          (ii) that are:
541          (A) sold for:
542          (I) ingestion by humans; or
543          (II) chewing by humans; and
544          (B) consumed for the substance's:
545          (I) taste; or
546          (II) nutritional value.
547          (b) "Food and food ingredients" includes an item described in Subsection [(96)(b)(iii)]
548     (97)(b)(iii).
549          (c) "Food and food ingredients" does not include:
550          (i) an alcoholic beverage;
551          (ii) tobacco; [or]
552          (iii) prepared food[.]; or
553          (iv) candy.
554          [(52)] (53) (a) "Fundraising sales" means sales:

555          (i) (A) made by a school; or
556          (B) made by a school student;
557          (ii) that are for the purpose of raising funds for the school to purchase equipment,
558     materials, or provide transportation; and
559          (iii) that are part of an officially sanctioned school activity.
560          (b) For purposes of Subsection [(52)(a)(iii)] (53)(a)(iii), "officially sanctioned school
561     activity" means a school activity:
562          (i) that is conducted in accordance with a formal policy adopted by the school or school
563     district governing the authorization and supervision of fundraising activities;
564          (ii) that does not directly or indirectly compensate an individual teacher or other
565     educational personnel by direct payment, commissions, or payment in kind; and
566          (iii) the net or gross revenues from which are deposited in a dedicated account
567     controlled by the school or school district.
568          [(53)] (54) "Geothermal energy" means energy contained in heat that continuously
569     flows outward from the earth that is used as the sole source of energy to produce electricity.
570          [(54)] (55) "Governing board of the agreement" means the governing board of the
571     agreement that is:
572          (a) authorized to administer the agreement; and
573          (b) established in accordance with the agreement.
574          [(55)] (56) (a) For purposes of Subsection 59-12-104(41), "governmental entity"
575     means:
576          (i) the executive branch of the state, including all departments, institutions, boards,
577     divisions, bureaus, offices, commissions, and committees;
578          (ii) the judicial branch of the state, including the courts, the Judicial Council, the
579     Administrative Office of the Courts, and similar administrative units in the judicial branch;
580          (iii) the legislative branch of the state, including the House of Representatives, the
581     Senate, the Legislative Printing Office, the Office of Legislative Research and General
582     Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
583     Analyst;
584          (iv) the National Guard;
585          (v) an independent entity as defined in Section 63E-1-102; or

586          (vi) a political subdivision as defined in Section 17B-1-102.
587          (b) "Governmental entity" does not include the state systems of public and higher
588     education, including:
589          (i) a school;
590          (ii) the State Board of Education;
591          (iii) the Utah Board of Higher Education; or
592          (iv) an institution of higher education described in Section 53B-1-102.
593          [(56)] (57) "Hydroelectric energy" means water used as the sole source of energy to
594     produce electricity.
595          [(57)] (58) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil,
596     or other fuels:
597          (a) in mining or extraction of minerals;
598          (b) in agricultural operations to produce an agricultural product up to the time of
599     harvest or placing the agricultural product into a storage facility, including:
600          (i) commercial greenhouses;
601          (ii) irrigation pumps;
602          (iii) farm machinery;
603          (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
604     under Title 41, Chapter 1a, Part 2, Registration; and
605          (v) other farming activities;
606          (c) in manufacturing tangible personal property at an establishment described in:
607          (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
608     the federal Executive Office of the President, Office of Management and Budget; or
609          (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
610     American Industry Classification System of the federal Executive Office of the President,
611     Office of Management and Budget;
612          (d) by a scrap recycler if:
613          (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
614     one or more of the following items into prepared grades of processed materials for use in new
615     products:
616          (A) iron;

617          (B) steel;
618          (C) nonferrous metal;
619          (D) paper;
620          (E) glass;
621          (F) plastic;
622          (G) textile; or
623          (H) rubber; and
624          (ii) the new products under Subsection [(57)(d)(i)] (58)(d)(i) would otherwise be made
625     with nonrecycled materials; or
626          (e) in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a
627     cogeneration facility as defined in Section 54-2-1.
628          [(58)] (59) (a) Except as provided in Subsection [(58)(b)] (59)(b), "installation charge"
629     means a charge for installing:
630          (i) tangible personal property; or
631          (ii) a product transferred electronically.
632          (b) "Installation charge" does not include a charge for:
633          (i) repairs or renovations of:
634          (A) tangible personal property; or
635          (B) a product transferred electronically; or
636          (ii) attaching tangible personal property or a product transferred electronically:
637          (A) to other tangible personal property; and
638          (B) as part of a manufacturing or fabrication process.
639          [(59)] (60) "Institution of higher education" means an institution of higher education
640     listed in Section 53B-2-101.
641          [(60)] (61) (a) "Lease" or "rental" means a transfer of possession or control of tangible
642     personal property or a product transferred electronically for:
643          (i) (A) a fixed term; or
644          (B) an indeterminate term; and
645          (ii) consideration.
646          (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
647     amount of consideration may be increased or decreased by reference to the amount realized

648     upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
649     Code.
650          (c) "Lease" or "rental" does not include:
651          (i) a transfer of possession or control of property under a security agreement or
652     deferred payment plan that requires the transfer of title upon completion of the required
653     payments;
654          (ii) a transfer of possession or control of property under an agreement that requires the
655     transfer of title:
656          (A) upon completion of required payments; and
657          (B) if the payment of an option price does not exceed the greater of:
658          (I) $100; or
659          (II) 1% of the total required payments; or
660          (iii) providing tangible personal property along with an operator for a fixed period of
661     time or an indeterminate period of time if the operator is necessary for equipment to perform as
662     designed.
663          (d) For purposes of Subsection [(60)(c)(iii)] (61)(c)(iii), an operator is necessary for
664     equipment to perform as designed if the operator's duties exceed the:
665          (i) set-up of tangible personal property;
666          (ii) maintenance of tangible personal property; or
667          (iii) inspection of tangible personal property.
668          [(61)] (62) "Lesson" means a fixed period of time for the duration of which a trained
669     instructor:
670          (a) is present with a student in person or by video; and
671          (b) actively instructs the student, including by providing observation or feedback.
672          [(62)] (63) "Life science establishment" means an establishment in this state that is
673     classified under the following NAICS codes of the 2007 North American Industry
674     Classification System of the federal Executive Office of the President, Office of Management
675     and Budget:
676          (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
677          (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
678     Manufacturing; or

679          (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
680          [(63)] (64) "Life science research and development facility" means a facility owned,
681     leased, or rented by a life science establishment if research and development is performed in
682     51% or more of the total area of the facility.
683          [(64)] (65) "Load and leave" means delivery to a purchaser by use of a tangible storage
684     media if the tangible storage media is not physically transferred to the purchaser.
685          [(65)] (66) "Local taxing jurisdiction" means a:
686          (a) county that is authorized to impose an agreement sales and use tax;
687          (b) city that is authorized to impose an agreement sales and use tax; or
688          (c) town that is authorized to impose an agreement sales and use tax.
689          [(66)] (67) "Manufactured home" means the same as that term is defined in Section
690     15A-1-302.
691          [(67)] (68) "Manufacturing facility" means:
692          (a) an establishment described in:
693          (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
694     the federal Executive Office of the President, Office of Management and Budget; or
695          (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
696     American Industry Classification System of the federal Executive Office of the President,
697     Office of Management and Budget;
698          (b) a scrap recycler if:
699          (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
700     one or more of the following items into prepared grades of processed materials for use in new
701     products:
702          (A) iron;
703          (B) steel;
704          (C) nonferrous metal;
705          (D) paper;
706          (E) glass;
707          (F) plastic;
708          (G) textile; or
709          (H) rubber; and

710          (ii) the new products under Subsection [(67)(b)(i)] (68)(b)(i) would otherwise be made
711     with nonrecycled materials; or
712          (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
713     placed in service on or after May 1, 2006.
714          [(68)] (69) (a) "Marketplace" means a physical or electronic place, platform, or forum
715     where tangible personal property, a product transferred electronically, or a service is offered for
716     sale.
717          (b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
718     dedicated sales software application.
719          [(69)] (70) (a) "Marketplace facilitator" means a person, including an affiliate of the
720     person, that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
721     facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
722     controls and that directly or indirectly:
723          (i) does any of the following:
724          (A) lists, makes available, or advertises tangible personal property, a product
725     transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
726     person owns, operates, or controls;
727          (B) facilitates the sale of a marketplace seller's tangible personal property, product
728     transferred electronically, or service by transmitting or otherwise communicating an offer or
729     acceptance of a retail sale between the marketplace seller and a purchaser using the
730     marketplace;
731          (C) owns, rents, licenses, makes available, or operates any electronic or physical
732     infrastructure or any property, process, method, copyright, trademark, or patent that connects a
733     marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
734     property, a product transferred electronically, or a service;
735          (D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
736     personal property, a product transferred electronically, or a service, regardless of ownership or
737     control of the tangible personal property, the product transferred electronically, or the service
738     that is the subject of the retail sale;
739          (E) provides software development or research and development activities related to
740     any activity described in this Subsection [(69)(a)(i)] (70)(a)(i), if the software development or

741     research and development activity is directly related to the person's marketplace;
742          (F) provides or offers fulfillment or storage services for a marketplace seller;
743          (G) sets prices for the sale of tangible personal property, a product transferred
744     electronically, or a service by a marketplace seller;
745          (H) provides or offers customer service to a marketplace seller or a marketplace seller's
746     purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
747     property, a product transferred electronically, or a service sold by a marketplace seller on the
748     person's marketplace; or
749          (I) brands or otherwise identifies sales as those of the person; and
750          (ii) does any of the following:
751          (A) collects the sales price or purchase price of a retail sale of tangible personal
752     property, a product transferred electronically, or a service;
753          (B) provides payment processing services for a retail sale of tangible personal property,
754     a product transferred electronically, or a service;
755          (C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
756     fee, a fee for inserting or making available tangible personal property, a product transferred
757     electronically, or a service on the person's marketplace, or other consideration for the
758     facilitation of a retail sale of tangible personal property, a product transferred electronically, or
759     a service, regardless of ownership or control of the tangible personal property, the product
760     transferred electronically, or the service that is the subject of the retail sale;
761          (D) through terms and conditions, an agreement, or another arrangement with a third
762     person, collects payment from a purchase for a retail sale of tangible personal property, a
763     product transferred electronically, or a service and transmits that payment to the marketplace
764     seller, regardless of whether the third person receives compensation or other consideration in
765     exchange for the service; or
766          (E) provides a virtual currency for a purchaser to use to purchase tangible personal
767     property, a product transferred electronically, or service offered for sale.
768          (b) "Marketplace facilitator" does not include:
769          (i) a person that only provides payment processing services; or
770          (ii) a person described in Subsection [(69)(a)] (70)(a) to the extent the person is
771     facilitating a sale for a seller that is a restaurant as defined in Section 59-12-602.

772          [(70)] (71) "Marketplace seller" means a seller that makes one or more retail sales
773     through a marketplace that a marketplace facilitator owns, operates, or controls, regardless of
774     whether the seller is required to be registered to collect and remit the tax under this part.
775          [(71)] (72) "Member of the immediate family of the producer" means a person who is
776     related to a producer described in Subsection 59-12-104(20)(a) as a:
777          (a) child or stepchild, regardless of whether the child or stepchild is:
778          (i) an adopted child or adopted stepchild; or
779          (ii) a foster child or foster stepchild;
780          (b) grandchild or stepgrandchild;
781          (c) grandparent or stepgrandparent;
782          (d) nephew or stepnephew;
783          (e) niece or stepniece;
784          (f) parent or stepparent;
785          (g) sibling or stepsibling;
786          (h) spouse;
787          (i) person who is the spouse of a person described in Subsections [(71)(a)] (72)(a)
788     through (g); or
789          (j) person similar to a person described in Subsections [(71)(a)] (72)(a) through (i) as
790     determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
791     Administrative Rulemaking Act.
792          [(72)] (73) "Mobile home" means the same as that term is defined in Section
793     15A-1-302.
794          [(73)] (74) "Mobile telecommunications service" means the same as that term is
795     defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
796          [(74)] (75) (a) "Mobile wireless service" means a telecommunications service,
797     regardless of the technology used, if:
798          (i) the origination point of the conveyance, routing, or transmission is not fixed;
799          (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
800          (iii) the origination point described in Subsection [(74)(a)(i)] (75)(a)(i) and the
801     termination point described in Subsection [(74)(a)(ii)] (75)(a)(ii) are not fixed.
802          (b) "Mobile wireless service" includes a telecommunications service that is provided

803     by a commercial mobile radio service provider.
804          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
805     commission may by rule define "commercial mobile radio service provider."
806          [(75)] (76) (a) Except as provided in Subsection [(75)(c)] (76)(c), "mobility enhancing
807     equipment" means equipment that is:
808          (i) primarily and customarily used to provide or increase the ability to move from one
809     place to another;
810          (ii) appropriate for use in a:
811          (A) home; or
812          (B) motor vehicle; and
813          (iii) not generally used by persons with normal mobility.
814          (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
815     the equipment described in Subsection [(75)(a)] (76)(a).
816          (c) "Mobility enhancing equipment" does not include:
817          (i) a motor vehicle;
818          (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
819     vehicle manufacturer;
820          (iii) durable medical equipment; or
821          (iv) a prosthetic device.
822          [(76)] (77) "Model 1 seller" means a seller registered under the agreement that has
823     selected a certified service provider as the seller's agent to perform the seller's sales and use tax
824     functions for agreement sales and use taxes, as outlined in the contract between the governing
825     board of the agreement and the certified service provider, other than the seller's obligation
826     under Section 59-12-124 to remit a tax on the seller's own purchases.
827          [(77)] (78) "Model 2 seller" means a seller registered under the agreement that:
828          (a) except as provided in Subsection [(77)(b)] (78)(b), has selected a certified
829     automated system to perform the seller's sales tax functions for agreement sales and use taxes;
830     and
831          (b) retains responsibility for remitting all of the sales tax:
832          (i) collected by the seller; and
833          (ii) to the appropriate local taxing jurisdiction.

834          [(78)] (79) (a) Subject to Subsection [(78)(b)] (79)(b), "model 3 seller" means a seller
835     registered under the agreement that has:
836          (i) sales in at least five states that are members of the agreement;
837          (ii) total annual sales revenues of at least $500,000,000;
838          (iii) a proprietary system that calculates the amount of tax:
839          (A) for an agreement sales and use tax; and
840          (B) due to each local taxing jurisdiction; and
841          (iv) entered into a performance agreement with the governing board of the agreement.
842          (b) For purposes of Subsection [(78)(a)] (79)(a), "model 3 seller" includes an affiliated
843     group of sellers using the same proprietary system.
844          [(79)] (80) "Model 4 seller" means a seller that is registered under the agreement and is
845     not a model 1 seller, model 2 seller, or model 3 seller.
846          [(80)] (81) "Modular home" means a modular unit as defined in Section 15A-1-302.
847          [(81)] (82) "Motor vehicle" means the same as that term is defined in Section
848     41-1a-102.
849          [(82)] (83) "Oil sands" means impregnated bituminous sands that:
850          (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
851     other hydrocarbons, or otherwise treated;
852          (b) yield mixtures of liquid hydrocarbon; and
853          (c) require further processing other than mechanical blending before becoming finished
854     petroleum products.
855          [(83)] (84) "Oil shale" means a group of fine black to dark brown shales containing
856     kerogen material that yields petroleum upon heating and distillation.
857          [(84)] (85) "Optional computer software maintenance contract" means a computer
858     software maintenance contract that a customer is not obligated to purchase as a condition to the
859     retail sale of computer software.
860          [(85)] (86) (a) "Other fuels" means products that burn independently to produce heat or
861     energy.
862          (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
863     personal property.
864          [(86)] (87) (a) "Paging service" means a telecommunications service that provides

865     transmission of a coded radio signal for the purpose of activating a specific pager.
866          (b) For purposes of Subsection [(86)(a)] (87)(a), the transmission of a coded radio
867     signal includes a transmission by message or sound.
868          [(87)] (88) "Pawn transaction" means the same as that term is defined in Section
869     13-32a-102.
870          [(88)] (89) "Pawnbroker" means the same as that term is defined in Section
871     13-32a-102.
872          [(89)] (90) (a) "Permanently attached to real property" means that for tangible personal
873     property attached to real property:
874          (i) the attachment of the tangible personal property to the real property:
875          (A) is essential to the use of the tangible personal property; and
876          (B) suggests that the tangible personal property will remain attached to the real
877     property in the same place over the useful life of the tangible personal property; or
878          (ii) if the tangible personal property is detached from the real property, the detachment
879     would:
880          (A) cause substantial damage to the tangible personal property; or
881          (B) require substantial alteration or repair of the real property to which the tangible
882     personal property is attached.
883          (b) "Permanently attached to real property" includes:
884          (i) the attachment of an accessory to the tangible personal property if the accessory is:
885          (A) essential to the operation of the tangible personal property; and
886          (B) attached only to facilitate the operation of the tangible personal property;
887          (ii) a temporary detachment of tangible personal property from real property for a
888     repair or renovation if the repair or renovation is performed where the tangible personal
889     property and real property are located; or
890          (iii) property attached to oil, gas, or water pipelines, except for the property listed in
891     Subsection [(89)(c)(iii)] (90)(c)(iii) or (iv).
892          (c) "Permanently attached to real property" does not include:
893          (i) the attachment of portable or movable tangible personal property to real property if
894     that portable or movable tangible personal property is attached to real property only for:
895          (A) convenience;

896          (B) stability; or
897          (C) for an obvious temporary purpose;
898          (ii) the detachment of tangible personal property from real property except for the
899     detachment described in Subsection [(89)(b)(ii)] (90)(b)(ii);
900          (iii) an attachment of the following tangible personal property to real property if the
901     attachment to real property is only through a line that supplies water, electricity, gas,
902     telecommunications, cable, or supplies a similar item as determined by the commission by rule
903     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
904          (A) a computer;
905          (B) a telephone;
906          (C) a television; or
907          (D) tangible personal property similar to Subsections [(89)(c)(iii)(A)] (90)(c)(iii)(A)
908     through (C) as determined by the commission by rule made in accordance with Title 63G,
909     Chapter 3, Utah Administrative Rulemaking Act; or
910          (iv) an item listed in Subsection [(130)(c)] (131)(c).
911          [(90)] (91) "Person" includes any individual, firm, partnership, joint venture,
912     association, corporation, estate, trust, business trust, receiver, syndicate, this state, any county,
913     city, municipality, district, or other local governmental entity of the state, or any group or
914     combination acting as a unit.
915          [(91)] (92) "Place of primary use":
916          (a) for telecommunications service other than mobile telecommunications service,
917     means the street address representative of where the customer's use of the telecommunications
918     service primarily occurs, which shall be:
919          (i) the residential street address of the customer; or
920          (ii) the primary business street address of the customer; or
921          (b) for mobile telecommunications service, means the same as that term is defined in
922     the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
923          [(92)] (93) (a) "Postpaid calling service" means a telecommunications service a person
924     obtains by making a payment on a call-by-call basis:
925          (i) through the use of a:
926          (A) bank card;

927          (B) credit card;
928          (C) debit card; or
929          (D) travel card; or
930          (ii) by a charge made to a telephone number that is not associated with the origination
931     or termination of the telecommunications service.
932          (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
933     service, that would be a prepaid wireless calling service if the service were exclusively a
934     telecommunications service.
935          [(93)] (94) "Postproduction" means an activity related to the finishing or duplication of
936     a medium described in Subsection 59-12-104(54)(a).
937          [(94)] (95) "Prepaid calling service" means a telecommunications service:
938          (a) that allows a purchaser access to telecommunications service that is exclusively
939     telecommunications service;
940          (b) that:
941          (i) is paid for in advance; and
942          (ii) enables the origination of a call using an:
943          (A) access number; or
944          (B) authorization code;
945          (c) that is dialed:
946          (i) manually; or
947          (ii) electronically; and
948          (d) sold in predetermined units or dollars that decline:
949          (i) by a known amount; and
950          (ii) with use.
951          [(95)] (96) "Prepaid wireless calling service" means a telecommunications service:
952          (a) that provides the right to utilize:
953          (i) mobile wireless service; and
954          (ii) other service that is not a telecommunications service, including:
955          (A) the download of a product transferred electronically;
956          (B) a content service; or
957          (C) an ancillary service;

958          (b) that:
959          (i) is paid for in advance; and
960          (ii) enables the origination of a call using an:
961          (A) access number; or
962          (B) authorization code;
963          (c) that is dialed:
964          (i) manually; or
965          (ii) electronically; and
966          (d) sold in predetermined units or dollars that decline:
967          (i) by a known amount; and
968          (ii) with use.
969          [(96)] (97) (a) "Prepared food" means:
970          (i) food:
971          (A) sold in a heated state; or
972          (B) heated by a seller;
973          (ii) two or more food ingredients mixed or combined by the seller for sale as a single
974     item; or
975          (iii) except as provided in Subsection [(96)(c)] (97)(c), food sold with an eating utensil
976     provided by the seller, including a:
977          (A) plate;
978          (B) knife;
979          (C) fork;
980          (D) spoon;
981          (E) glass;
982          (F) cup;
983          (G) napkin; or
984          (H) straw.
985          (b) "Prepared food" does not include:
986          (i) food that a seller only:
987          (A) cuts;
988          (B) repackages; or

989          (C) pasteurizes; [or]
990          (ii) (A) the following:
991          (I) raw egg;
992          (II) raw fish;
993          (III) raw meat;
994          (IV) raw poultry; or
995          (V) a food containing an item described in Subsections [(96)(b)(ii)(A)(I)]
996     (97)(b)(ii)(A)(I) through (IV); and
997          (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
998     Food and Drug Administration's Food Code that a consumer cook the items described in
999     Subsection [(96)(b)(ii)(A)] (97)(b)(ii)(A) to prevent food borne illness; or
1000          (iii) the following if sold without eating utensils provided by the seller:
1001          (A) food and food ingredients sold by a seller if the seller's proper primary
1002     classification under the 2002 North American Industry Classification System of the federal
1003     Executive Office of the President, Office of Management and Budget, is manufacturing in
1004     Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
1005     Manufacturing;
1006          (B) food and food ingredients sold in an unheated state:
1007          (I) by weight or volume; and
1008          (II) as a single item; or
1009          (C) a bakery item, including:
1010          (I) a bagel;
1011          (II) a bar;
1012          (III) a biscuit;
1013          (IV) bread;
1014          (V) a bun;
1015          (VI) a cake;
1016          (VII) a cookie;
1017          (VIII) a croissant;
1018          (IX) a danish;
1019          (X) a donut;

1020          (XI) a muffin;
1021          (XII) a pastry;
1022          (XIII) a pie;
1023          (XIV) a roll;
1024          (XV) a tart;
1025          (XVI) a torte; or
1026          (XVII) a tortilla.
1027          (c) An eating utensil provided by the seller does not include the following used to
1028     transport the food:
1029          (i) a container; or
1030          (ii) packaging.
1031          [(97)] (98) "Prescription" means an order, formula, or recipe that is issued:
1032          (a) (i) orally;
1033          (ii) in writing;
1034          (iii) electronically; or
1035          (iv) by any other manner of transmission; and
1036          (b) by a licensed practitioner authorized by the laws of a state.
1037          [(98)] (99) (a) Except as provided in Subsection [(98)(b)(ii)] (99)(b)(ii) or (iii),
1038     "prewritten computer software" means computer software that is not designed and developed:
1039          (i) by the author or other creator of the computer software; and
1040          (ii) to the specifications of a specific purchaser.
1041          (b) "Prewritten computer software" includes:
1042          (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
1043     software is not designed and developed:
1044          (A) by the author or other creator of the computer software; and
1045          (B) to the specifications of a specific purchaser;
1046          (ii) computer software designed and developed by the author or other creator of the
1047     computer software to the specifications of a specific purchaser if the computer software is sold
1048     to a person other than the purchaser; or
1049          (iii) except as provided in Subsection [(98)(c)] (99)(c), prewritten computer software
1050     or a prewritten portion of prewritten computer software:

1051          (A) that is modified or enhanced to any degree; and
1052          (B) if the modification or enhancement described in Subsection [(98)(b)(iii)(A)]
1053     (99)(b)(iii)(A) is designed and developed to the specifications of a specific purchaser.
1054          (c) "Prewritten computer software" does not include a modification or enhancement
1055     described in Subsection [(98)(b)(iii)] (99)(b)(iii) if the charges for the modification or
1056     enhancement are:
1057          (i) reasonable; and
1058          (ii) subject to Subsections 59-12-103(2)(f)(ii) and (2)(g)(i), separately stated on the
1059     invoice or other statement of price provided to the purchaser at the time of sale or later, as
1060     demonstrated by:
1061          (A) the books and records the seller keeps at the time of the transaction in the regular
1062     course of business, including books and records the seller keeps at the time of the transaction in
1063     the regular course of business for nontax purposes;
1064          (B) a preponderance of the facts and circumstances at the time of the transaction; and
1065          (C) the understanding of all of the parties to the transaction.
1066          [(99)] (100) (a) "Private communications service" means a telecommunications
1067     service:
1068          (i) that entitles a customer to exclusive or priority use of one or more communications
1069     channels between or among termination points; and
1070          (ii) regardless of the manner in which the one or more communications channels are
1071     connected.
1072          (b) "Private communications service" includes the following provided in connection
1073     with the use of one or more communications channels:
1074          (i) an extension line;
1075          (ii) a station;
1076          (iii) switching capacity; or
1077          (iv) another associated service that is provided in connection with the use of one or
1078     more communications channels as defined in Section 59-12-215.
1079          [(100)] (101) (a) Except as provided in Subsection [(100)(b)] (101)(b), "product
1080     transferred electronically" means a product transferred electronically that would be subject to a
1081     tax under this chapter if that product was transferred in a manner other than electronically.

1082          (b) "Product transferred electronically" does not include:
1083          (i) an ancillary service;
1084          (ii) computer software; or
1085          (iii) a telecommunications service.
1086          [(101)] (102) (a) "Prosthetic device" means a device that is worn on or in the body to:
1087          (i) artificially replace a missing portion of the body;
1088          (ii) prevent or correct a physical deformity or physical malfunction; or
1089          (iii) support a weak or deformed portion of the body.
1090          (b) "Prosthetic device" includes:
1091          (i) parts used in the repairs or renovation of a prosthetic device;
1092          (ii) replacement parts for a prosthetic device;
1093          (iii) a dental prosthesis; or
1094          (iv) a hearing aid.
1095          (c) "Prosthetic device" does not include:
1096          (i) corrective eyeglasses; or
1097          (ii) contact lenses.
1098          [(102)] (103) (a) "Protective equipment" means an item:
1099          (i) for human wear; and
1100          (ii) that is:
1101          (A) designed as protection:
1102          (I) to the wearer against injury or disease; or
1103          (II) against damage or injury of other persons or property; and
1104          (B) not suitable for general use.
1105          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1106     commission shall make rules:
1107          (i) listing the items that constitute "protective equipment"; and
1108          (ii) that are consistent with the list of items that constitute "protective equipment"
1109     under the agreement.
1110          [(103)] (104) (a) For purposes of Subsection 59-12-104(41), "publication" means any
1111     written or printed matter, other than a photocopy:
1112          (i) regardless of:

1113          (A) characteristics;
1114          (B) copyright;
1115          (C) form;
1116          (D) format;
1117          (E) method of reproduction; or
1118          (F) source; and
1119          (ii) made available in printed or electronic format.
1120          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1121     commission may by rule define the term "photocopy."
1122          [(104)] (105) (a) "Purchase price" and "sales price" mean the total amount of
1123     consideration:
1124          (i) valued in money; and
1125          (ii) for which tangible personal property, a product transferred electronically, or
1126     services are:
1127          (A) sold;
1128          (B) leased; or
1129          (C) rented.
1130          (b) "Purchase price" and "sales price" include:
1131          (i) the seller's cost of the tangible personal property, a product transferred
1132     electronically, or services sold;
1133          (ii) expenses of the seller, including:
1134          (A) the cost of materials used;
1135          (B) a labor cost;
1136          (C) a service cost;
1137          (D) interest;
1138          (E) a loss;
1139          (F) the cost of transportation to the seller; or
1140          (G) a tax imposed on the seller;
1141          (iii) a charge by the seller for any service necessary to complete the sale; or
1142          (iv) consideration a seller receives from a person other than the purchaser if:
1143          (A) (I) the seller actually receives consideration from a person other than the purchaser;

1144     and
1145          (II) the consideration described in Subsection [(104)(b)(iv)(A)(I)] (105)(b)(iv)(A)(I) is
1146     directly related to a price reduction or discount on the sale;
1147          (B) the seller has an obligation to pass the price reduction or discount through to the
1148     purchaser;
1149          (C) the amount of the consideration attributable to the sale is fixed and determinable by
1150     the seller at the time of the sale to the purchaser; and
1151          (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
1152     seller to claim a price reduction or discount; and
1153          (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
1154     coupon, or other documentation with the understanding that the person other than the seller
1155     will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
1156          (II) the purchaser identifies that purchaser to the seller as a member of a group or
1157     organization allowed a price reduction or discount, except that a preferred customer card that is
1158     available to any patron of a seller does not constitute membership in a group or organization
1159     allowed a price reduction or discount; or
1160          (III) the price reduction or discount is identified as a third party price reduction or
1161     discount on the:
1162          (Aa) invoice the purchaser receives; or
1163          (Bb) certificate, coupon, or other documentation the purchaser presents.
1164          (c) "Purchase price" and "sales price" do not include:
1165          (i) a discount:
1166          (A) in a form including:
1167          (I) cash;
1168          (II) term; or
1169          (III) coupon;
1170          (B) that is allowed by a seller;
1171          (C) taken by a purchaser on a sale; and
1172          (D) that is not reimbursed by a third party; or
1173          (ii) subject to Subsections 59-12-103(2)(f)(ii) and (2)(g)(i), the following if separately
1174     stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of

1175     sale or later, as demonstrated by the books and records the seller keeps at the time of the
1176     transaction in the regular course of business, including books and records the seller keeps at the
1177     time of the transaction in the regular course of business for nontax purposes, by a
1178     preponderance of the facts and circumstances at the time of the transaction, and by the
1179     understanding of all of the parties to the transaction:
1180          (A) the following from credit extended on the sale of tangible personal property or
1181     services:
1182          (I) a carrying charge;
1183          (II) a financing charge; or
1184          (III) an interest charge;
1185          (B) a delivery charge;
1186          (C) an installation charge;
1187          (D) a manufacturer rebate on a motor vehicle; or
1188          (E) a tax or fee legally imposed directly on the consumer.
1189          [(105)] (106) "Purchaser" means a person to whom:
1190          (a) a sale of tangible personal property is made;
1191          (b) a product is transferred electronically; or
1192          (c) a service is furnished.
1193          [(106)] (107) "Qualifying data center" means a data center facility that:
1194          (a) houses a group of networked server computers in one physical location in order to
1195     disseminate, manage, and store data and information;
1196          (b) is located in the state;
1197          (c) is a new operation constructed on or after July 1, 2016;
1198          (d) consists of one or more buildings that total 150,000 or more square feet;
1199          (e) is owned or leased by:
1200          (i) the operator of the data center facility; or
1201          (ii) a person under common ownership, as defined in Section 59-7-101, of the operator
1202     of the data center facility; and
1203          (f) is located on one or more parcels of land that are owned or leased by:
1204          (i) the operator of the data center facility; or
1205          (ii) a person under common ownership, as defined in Section 59-7-101, of the operator

1206     of the data center facility.
1207          [(107)] (108) "Regularly rented" means:
1208          (a) rented to a guest for value three or more times during a calendar year; or
1209          (b) advertised or held out to the public as a place that is regularly rented to guests for
1210     value.
1211          [(108)] (109) "Rental" means the same as that term is defined in Subsection [(60)] (61).
1212          [(109)] (110) (a) Except as provided in Subsection [(109)(b)] (110)(b), "repairs or
1213     renovations of tangible personal property" means:
1214          (i) a repair or renovation of tangible personal property that is not permanently attached
1215     to real property; or
1216          (ii) attaching tangible personal property or a product transferred electronically to other
1217     tangible personal property or detaching tangible personal property or a product transferred
1218     electronically from other tangible personal property if:
1219          (A) the other tangible personal property to which the tangible personal property or
1220     product transferred electronically is attached or from which the tangible personal property or
1221     product transferred electronically is detached is not permanently attached to real property; and
1222          (B) the attachment of tangible personal property or a product transferred electronically
1223     to other tangible personal property or detachment of tangible personal property or a product
1224     transferred electronically from other tangible personal property is made in conjunction with a
1225     repair or replacement of tangible personal property or a product transferred electronically.
1226          (b) "Repairs or renovations of tangible personal property" does not include:
1227          (i) attaching prewritten computer software to other tangible personal property if the
1228     other tangible personal property to which the prewritten computer software is attached is not
1229     permanently attached to real property; or
1230          (ii) detaching prewritten computer software from other tangible personal property if the
1231     other tangible personal property from which the prewritten computer software is detached is
1232     not permanently attached to real property.
1233          [(110)] (111) "Research and development" means the process of inquiry or
1234     experimentation aimed at the discovery of facts, devices, technologies, or applications and the
1235     process of preparing those devices, technologies, or applications for marketing.
1236          [(111)] (112) (a) "Residential telecommunications services" means a

1237     telecommunications service or an ancillary service that is provided to an individual for personal
1238     use:
1239          (i) at a residential address; or
1240          (ii) at an institution, including a nursing home or a school, if the telecommunications
1241     service or ancillary service is provided to and paid for by the individual residing at the
1242     institution rather than the institution.
1243          (b) For purposes of Subsection [(111)(a)(i)] (112)(a)(i), a residential address includes
1244     an:
1245          (i) apartment; or
1246          (ii) other individual dwelling unit.
1247          [(112)] (113) "Residential use" means the use in or around a home, apartment building,
1248     sleeping quarters, and similar facilities or accommodations.
1249          [(113)] (114) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose
1250     other than:
1251          (a) resale;
1252          (b) sublease; or
1253          (c) subrent.
1254          [(114)] (115) (a) "Retailer" means any person, unless prohibited by the Constitution of
1255     the United States or federal law, that is engaged in a regularly organized business in tangible
1256     personal property or any other taxable transaction under Subsection 59-12-103(1), and who is
1257     selling to the user or consumer and not for resale.
1258          (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
1259     engaged in the business of selling to users or consumers within the state.
1260          [(115)] (116) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
1261     otherwise, in any manner, of tangible personal property or any other taxable transaction under
1262     Subsection 59-12-103(1), for consideration.
1263          (b) "Sale" includes:
1264          (i) installment and credit sales;
1265          (ii) any closed transaction constituting a sale;
1266          (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
1267     chapter;

1268          (iv) any transaction if the possession of property is transferred but the seller retains the
1269     title as security for the payment of the price; and
1270          (v) any transaction under which right to possession, operation, or use of any article of
1271     tangible personal property is granted under a lease or contract and the transfer of possession
1272     would be taxable if an outright sale were made.
1273          [(116)] (117) "Sale at retail" means the same as that term is defined in Subsection
1274     [(113)] (114).
1275          [(117)] (118) "Sale-leaseback transaction" means a transaction by which title to
1276     tangible personal property or a product transferred electronically that is subject to a tax under
1277     this chapter is transferred:
1278          (a) by a purchaser-lessee;
1279          (b) to a lessor;
1280          (c) for consideration; and
1281          (d) if:
1282          (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
1283     of the tangible personal property or product transferred electronically;
1284          (ii) the sale of the tangible personal property or product transferred electronically to the
1285     lessor is intended as a form of financing:
1286          (A) for the tangible personal property or product transferred electronically; and
1287          (B) to the purchaser-lessee; and
1288          (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
1289     is required to:
1290          (A) capitalize the tangible personal property or product transferred electronically for
1291     financial reporting purposes; and
1292          (B) account for the lease payments as payments made under a financing arrangement.
1293          [(118)] (119) "Sales price" means the same as that term is defined in Subsection
1294     [(104)] (105).
1295          [(119)] (120) (a) "Sales relating to schools" means the following sales by, amounts
1296     paid to, or amounts charged by a school:
1297          (i) sales that are directly related to the school's educational functions or activities
1298     including:

1299          (A) the sale of:
1300          (I) textbooks;
1301          (II) textbook fees;
1302          (III) laboratory fees;
1303          (IV) laboratory supplies; or
1304          (V) safety equipment;
1305          (B) the sale of a uniform, protective equipment, or sports or recreational equipment
1306     that:
1307          (I) a student is specifically required to wear as a condition of participation in a
1308     school-related event or school-related activity; and
1309          (II) is not readily adaptable to general or continued usage to the extent that it takes the
1310     place of ordinary clothing;
1311          (C) sales of the following if the net or gross revenues generated by the sales are
1312     deposited into a school district fund or school fund dedicated to school meals:
1313          (I) food and food ingredients; [or]
1314          (II) candy; or
1315          [(II)] (III) prepared food; or
1316          (D) transportation charges for official school activities; or
1317          (ii) amounts paid to or amounts charged by a school for admission to a school-related
1318     event or school-related activity.
1319          (b) "Sales relating to schools" does not include:
1320          (i) bookstore sales of items that are not educational materials or supplies;
1321          (ii) except as provided in Subsection [(119)(a)(i)(B)] (120)(a)(i)(B):
1322          (A) clothing;
1323          (B) clothing accessories or equipment;
1324          (C) protective equipment; or
1325          (D) sports or recreational equipment; or
1326          (iii) amounts paid to or amounts charged by a school for admission to a school-related
1327     event or school-related activity if the amounts paid or charged are passed through to a person:
1328          (A) other than a:
1329          (I) school;

1330          (II) nonprofit organization authorized by a school board or a governing body of a
1331     private school to organize and direct a competitive secondary school activity; or
1332          (III) nonprofit association authorized by a school board or a governing body of a
1333     private school to organize and direct a competitive secondary school activity; and
1334          (B) that is required to collect sales and use taxes under this chapter.
1335          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1336     commission may make rules defining the term "passed through."
1337          [(120)] (121) For purposes of this section and Section 59-12-104, "school" means:
1338          (a) an elementary school or a secondary school that:
1339          (i) is a:
1340          (A) public school; or
1341          (B) private school; and
1342          (ii) provides instruction for one or more grades kindergarten through 12; or
1343          (b) a public school district.
1344          [(121)] (122) (a) "Seller" means a person that makes a sale, lease, or rental of:
1345          (i) tangible personal property;
1346          (ii) a product transferred electronically; or
1347          (iii) a service.
1348          (b) "Seller" includes a marketplace facilitator.
1349          [(122)] (123) (a) "Semiconductor fabricating, processing, research, or development
1350     materials" means tangible personal property or a product transferred electronically if the
1351     tangible personal property or product transferred electronically is:
1352          (i) used primarily in the process of:
1353          (A) (I) manufacturing a semiconductor;
1354          (II) fabricating a semiconductor; or
1355          (III) research or development of a:
1356          (Aa) semiconductor; or
1357          (Bb) semiconductor manufacturing process; or
1358          (B) maintaining an environment suitable for a semiconductor; or
1359          (ii) consumed primarily in the process of:
1360          (A) (I) manufacturing a semiconductor;

1361          (II) fabricating a semiconductor; or
1362          (III) research or development of a:
1363          (Aa) semiconductor; or
1364          (Bb) semiconductor manufacturing process; or
1365          (B) maintaining an environment suitable for a semiconductor.
1366          (b) "Semiconductor fabricating, processing, research, or development materials"
1367     includes:
1368          (i) parts used in the repairs or renovations of tangible personal property or a product
1369     transferred electronically described in Subsection [(122)(a)] (123)(a); or
1370          (ii) a chemical, catalyst, or other material used to:
1371          (A) produce or induce in a semiconductor a:
1372          (I) chemical change; or
1373          (II) physical change;
1374          (B) remove impurities from a semiconductor; or
1375          (C) improve the marketable condition of a semiconductor.
1376          [(123)] (124) "Senior citizen center" means a facility having the primary purpose of
1377     providing services to the aged as defined in Section 62A-3-101.
1378          [(124)] (125) (a) Subject to Subsections [(124)(b)] (125)(b) and (c), "short-term
1379     lodging consumable" means tangible personal property that:
1380          (i) a business that provides accommodations and services described in Subsection
1381     59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
1382     to a purchaser;
1383          (ii) is intended to be consumed by the purchaser; and
1384          (iii) is:
1385          (A) included in the purchase price of the accommodations and services; and
1386          (B) not separately stated on an invoice, bill of sale, or other similar document provided
1387     to the purchaser.
1388          (b) "Short-term lodging consumable" includes:
1389          (i) a beverage;
1390          (ii) a brush or comb;
1391          (iii) a cosmetic;

1392          (iv) a hair care product;
1393          (v) lotion;
1394          (vi) a magazine;
1395          (vii) makeup;
1396          (viii) a meal;
1397          (ix) mouthwash;
1398          (x) nail polish remover;
1399          (xi) a newspaper;
1400          (xii) a notepad;
1401          (xiii) a pen;
1402          (xiv) a pencil;
1403          (xv) a razor;
1404          (xvi) saline solution;
1405          (xvii) a sewing kit;
1406          (xviii) shaving cream;
1407          (xix) a shoe shine kit;
1408          (xx) a shower cap;
1409          (xxi) a snack item;
1410          (xxii) soap;
1411          (xxiii) toilet paper;
1412          (xxiv) a toothbrush;
1413          (xxv) toothpaste; or
1414          (xxvi) an item similar to Subsections [(124)(b)(i)] (125)(b)(i) through (xxv) as the
1415     commission may provide by rule made in accordance with Title 63G, Chapter 3, Utah
1416     Administrative Rulemaking Act.
1417          (c) "Short-term lodging consumable" does not include:
1418          (i) tangible personal property that is cleaned or washed to allow the tangible personal
1419     property to be reused; or
1420          (ii) a product transferred electronically.
1421          [(125)] (126) "Simplified electronic return" means the electronic return:
1422          (a) described in Section 318(C) of the agreement; and

1423          (b) approved by the governing board of the agreement.
1424          [(126)] (127) "Solar energy" means the sun used as the sole source of energy for
1425     producing electricity.
1426          [(127)] (128) (a) "Sports or recreational equipment" means an item:
1427          (i) designed for human use; and
1428          (ii) that is:
1429          (A) worn in conjunction with:
1430          (I) an athletic activity; or
1431          (II) a recreational activity; and
1432          (B) not suitable for general use.
1433          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1434     commission shall make rules:
1435          (i) listing the items that constitute "sports or recreational equipment"; and
1436          (ii) that are consistent with the list of items that constitute "sports or recreational
1437     equipment" under the agreement.
1438          [(128)] (129) "State" means the state of Utah, its departments, and agencies.
1439          [(129)] (130) "Storage" means any keeping or retention of tangible personal property or
1440     any other taxable transaction under Subsection 59-12-103(1), in this state for any purpose
1441     except sale in the regular course of business.
1442          [(130)] (131) (a) Except as provided in Subsection [(130)(d)] (131)(d) or (e), "tangible
1443     personal property" means personal property that:
1444          (i) may be:
1445          (A) seen;
1446          (B) weighed;
1447          (C) measured;
1448          (D) felt; or
1449          (E) touched; or
1450          (ii) is in any manner perceptible to the senses.
1451          (b) "Tangible personal property" includes:
1452          (i) electricity;
1453          (ii) water;

1454          (iii) gas;
1455          (iv) steam; or
1456          (v) prewritten computer software, regardless of the manner in which the prewritten
1457     computer software is transferred.
1458          (c) "Tangible personal property" includes the following regardless of whether the item
1459     is attached to real property:
1460          (i) a dishwasher;
1461          (ii) a dryer;
1462          (iii) a freezer;
1463          (iv) a microwave;
1464          (v) a refrigerator;
1465          (vi) a stove;
1466          (vii) a washer; or
1467          (viii) an item similar to Subsections [(130)(c)(i)] (131)(c)(i) through (vii) as
1468     determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
1469     Administrative Rulemaking Act.
1470          (d) "Tangible personal property" does not include a product that is transferred
1471     electronically.
1472          (e) "Tangible personal property" does not include the following if attached to real
1473     property, regardless of whether the attachment to real property is only through a line that
1474     supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
1475     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1476     Rulemaking Act:
1477          (i) a hot water heater;
1478          (ii) a water filtration system; or
1479          (iii) a water softener system.
1480          [(131)] (132) (a) "Telecommunications enabling or facilitating equipment, machinery,
1481     or software" means an item listed in Subsection [(131)(b)] (132)(b) if that item is purchased or
1482     leased primarily to enable or facilitate one or more of the following to function:
1483          (i) telecommunications switching or routing equipment, machinery, or software; or
1484          (ii) telecommunications transmission equipment, machinery, or software.

1485          (b) The following apply to Subsection [(131)(a)] (132)(a):
1486          (i) a pole;
1487          (ii) software;
1488          (iii) a supplementary power supply;
1489          (iv) temperature or environmental equipment or machinery;
1490          (v) test equipment;
1491          (vi) a tower; or
1492          (vii) equipment, machinery, or software that functions similarly to an item listed in
1493     Subsections [(131)(b)(i)] (132)(b)(i) through (vi) as determined by the commission by rule
1494     made in accordance with Subsection [(131)(c)] (132)(c).
1495          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1496     commission may by rule define what constitutes equipment, machinery, or software that
1497     functions similarly to an item listed in Subsections [(131)(b)(i)] (132)(b)(i) through (vi).
1498          [(132)] (133) "Telecommunications equipment, machinery, or software required for
1499     911 service" means equipment, machinery, or software that is required to comply with 47
1500     C.F.R. Sec. 20.18.
1501          [(133)] (134) "Telecommunications maintenance or repair equipment, machinery, or
1502     software" means equipment, machinery, or software purchased or leased primarily to maintain
1503     or repair one or more of the following, regardless of whether the equipment, machinery, or
1504     software is purchased or leased as a spare part or as an upgrade or modification to one or more
1505     of the following:
1506          (a) telecommunications enabling or facilitating equipment, machinery, or software;
1507          (b) telecommunications switching or routing equipment, machinery, or software; or
1508          (c) telecommunications transmission equipment, machinery, or software.
1509          [(134)] (135) (a) "Telecommunications service" means the electronic conveyance,
1510     routing, or transmission of audio, data, video, voice, or any other information or signal to a
1511     point, or among or between points.
1512          (b) "Telecommunications service" includes:
1513          (i) an electronic conveyance, routing, or transmission with respect to which a computer
1514     processing application is used to act:
1515          (A) on the code, form, or protocol of the content;

1516          (B) for the purpose of electronic conveyance, routing, or transmission; and
1517          (C) regardless of whether the service:
1518          (I) is referred to as voice over Internet protocol service; or
1519          (II) is classified by the Federal Communications Commission as enhanced or value
1520     added;
1521          (ii) an 800 service;
1522          (iii) a 900 service;
1523          (iv) a fixed wireless service;
1524          (v) a mobile wireless service;
1525          (vi) a postpaid calling service;
1526          (vii) a prepaid calling service;
1527          (viii) a prepaid wireless calling service; or
1528          (ix) a private communications service.
1529          (c) "Telecommunications service" does not include:
1530          (i) advertising, including directory advertising;
1531          (ii) an ancillary service;
1532          (iii) a billing and collection service provided to a third party;
1533          (iv) a data processing and information service if:
1534          (A) the data processing and information service allows data to be:
1535          (I) (Aa) acquired;
1536          (Bb) generated;
1537          (Cc) processed;
1538          (Dd) retrieved; or
1539          (Ee) stored; and
1540          (II) delivered by an electronic transmission to a purchaser; and
1541          (B) the purchaser's primary purpose for the underlying transaction is the processed data
1542     or information;
1543          (v) installation or maintenance of the following on a customer's premises:
1544          (A) equipment; or
1545          (B) wiring;
1546          (vi) Internet access service;

1547          (vii) a paging service;
1548          (viii) a product transferred electronically, including:
1549          (A) music;
1550          (B) reading material;
1551          (C) a ring tone;
1552          (D) software; or
1553          (E) video;
1554          (ix) a radio and television audio and video programming service:
1555          (A) regardless of the medium; and
1556          (B) including:
1557          (I) furnishing conveyance, routing, or transmission of a television audio and video
1558     programming service by a programming service provider;
1559          (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
1560          (III) audio and video programming services delivered by a commercial mobile radio
1561     service provider as defined in 47 C.F.R. Sec. 20.3;
1562          (x) a value-added nonvoice data service; or
1563          (xi) tangible personal property.
1564          [(135)] (136) (a) "Telecommunications service provider" means a person that:
1565          (i) owns, controls, operates, or manages a telecommunications service; and
1566          (ii) engages in an activity described in Subsection [(135)(a)(i)] (136)(a)(i) for the
1567     shared use with or resale to any person of the telecommunications service.
1568          (b) A person described in Subsection [(135)(a)] (136)(a) is a telecommunications
1569     service provider whether or not the Public Service Commission of Utah regulates:
1570          (i) that person; or
1571          (ii) the telecommunications service that the person owns, controls, operates, or
1572     manages.
1573          [(136)] (137) (a) "Telecommunications switching or routing equipment, machinery, or
1574     software" means an item listed in Subsection [(136)(b)] (137)(b) if that item is purchased or
1575     leased primarily for switching or routing:
1576          (i) an ancillary service;
1577          (ii) data communications;

1578          (iii) voice communications; or
1579          (iv) telecommunications service.
1580          (b) The following apply to Subsection [(136)(a)] (137)(a):
1581          (i) a bridge;
1582          (ii) a computer;
1583          (iii) a cross connect;
1584          (iv) a modem;
1585          (v) a multiplexer;
1586          (vi) plug in circuitry;
1587          (vii) a router;
1588          (viii) software;
1589          (ix) a switch; or
1590          (x) equipment, machinery, or software that functions similarly to an item listed in
1591     Subsections [(136)(b)(i)] (137)(b)(i) through (ix) as determined by the commission by rule
1592     made in accordance with Subsection [(136)(c)] (137)(c).
1593          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1594     commission may by rule define what constitutes equipment, machinery, or software that
1595     functions similarly to an item listed in Subsections [(136)(b)(i)] (137)(b)(i) through (ix).
1596          [(137)] (138) (a) "Telecommunications transmission equipment, machinery, or
1597     software" means an item listed in Subsection [(137)(b)] (138)(b) if that item is purchased or
1598     leased primarily for sending, receiving, or transporting:
1599          (i) an ancillary service;
1600          (ii) data communications;
1601          (iii) voice communications; or
1602          (iv) telecommunications service.
1603          (b) The following apply to Subsection [(137)(a)] (138)(a):
1604          (i) an amplifier;
1605          (ii) a cable;
1606          (iii) a closure;
1607          (iv) a conduit;
1608          (v) a controller;

1609          (vi) a duplexer;
1610          (vii) a filter;
1611          (viii) an input device;
1612          (ix) an input/output device;
1613          (x) an insulator;
1614          (xi) microwave machinery or equipment;
1615          (xii) an oscillator;
1616          (xiii) an output device;
1617          (xiv) a pedestal;
1618          (xv) a power converter;
1619          (xvi) a power supply;
1620          (xvii) a radio channel;
1621          (xviii) a radio receiver;
1622          (xix) a radio transmitter;
1623          (xx) a repeater;
1624          (xxi) software;
1625          (xxii) a terminal;
1626          (xxiii) a timing unit;
1627          (xxiv) a transformer;
1628          (xxv) a wire; or
1629          (xxvi) equipment, machinery, or software that functions similarly to an item listed in
1630     Subsections [(137)(b)(i)] (138)(b)(i) through (xxv) as determined by the commission by rule
1631     made in accordance with Subsection [(137)(c)] (138)(c).
1632          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1633     commission may by rule define what constitutes equipment, machinery, or software that
1634     functions similarly to an item listed in Subsections [(137)(b)(i)] (138)(b)(i) through (xxv).
1635          [(138)] (139) (a) "Textbook for a higher education course" means a textbook or other
1636     printed material that is required for a course:
1637          (i) offered by an institution of higher education; and
1638          (ii) that the purchaser of the textbook or other printed material attends or will attend.
1639          (b) "Textbook for a higher education course" includes a textbook in electronic format.

1640          [(139)] (140) "Tobacco" means:
1641          (a) a cigarette;
1642          (b) a cigar;
1643          (c) chewing tobacco;
1644          (d) pipe tobacco; or
1645          (e) any other item that contains tobacco.
1646          [(140)] (141) "Unassisted amusement device" means an amusement device, skill
1647     device, or ride device that is started and stopped by the purchaser or renter of the right to use or
1648     operate the amusement device, skill device, or ride device.
1649          [(141)] (142) (a) "Use" means the exercise of any right or power over tangible personal
1650     property, a product transferred electronically, or a service under Subsection 59-12-103(1),
1651     incident to the ownership or the leasing of that tangible personal property, product transferred
1652     electronically, or service.
1653          (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
1654     property, a product transferred electronically, or a service in the regular course of business and
1655     held for resale.
1656          [(142)] (143) "Value-added nonvoice data service" means a service:
1657          (a) that otherwise meets the definition of a telecommunications service except that a
1658     computer processing application is used to act primarily for a purpose other than conveyance,
1659     routing, or transmission; and
1660          (b) with respect to which a computer processing application is used to act on data or
1661     information:
1662          (i) code;
1663          (ii) content;
1664          (iii) form; or
1665          (iv) protocol.
1666          [(143)] (144) (a) Subject to Subsection [(143)(b)] (144)(b), "vehicle" means the
1667     following that are required to be titled, registered, or titled and registered:
1668          (i) an aircraft as defined in Section 72-10-102;
1669          (ii) a vehicle as defined in Section 41-1a-102;
1670          (iii) an off-highway vehicle as defined in Section 41-22-2; or

1671          (iv) a vessel as defined in Section 41-1a-102.
1672          (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
1673          (i) a vehicle described in Subsection [(143)(a)] (144)(a); or
1674          (ii) (A) a locomotive;
1675          (B) a freight car;
1676          (C) railroad work equipment; or
1677          (D) other railroad rolling stock.
1678          [(144)] (145) "Vehicle dealer" means a person engaged in the business of buying,
1679     selling, or exchanging a vehicle as defined in Subsection [(143)] (144).
1680          [(145)] (146) (a) "Vertical service" means an ancillary service that:
1681          (i) is offered in connection with one or more telecommunications services; and
1682          (ii) offers an advanced calling feature that allows a customer to:
1683          (A) identify a caller; and
1684          (B) manage multiple calls and call connections.
1685          (b) "Vertical service" includes an ancillary service that allows a customer to manage a
1686     conference bridging service.
1687          [(146)] (147) (a) "Voice mail service" means an ancillary service that enables a
1688     customer to receive, send, or store a recorded message.
1689          (b) "Voice mail service" does not include a vertical service that a customer is required
1690     to have in order to utilize a voice mail service.
1691          [(147)] (148) (a) Except as provided in Subsection [(147)(b)] (148)(b), "waste energy
1692     facility" means a facility that generates electricity:
1693          (i) using as the primary source of energy waste materials that would be placed in a
1694     landfill or refuse pit if it were not used to generate electricity, including:
1695          (A) tires;
1696          (B) waste coal;
1697          (C) oil shale; or
1698          (D) municipal solid waste; and
1699          (ii) in amounts greater than actually required for the operation of the facility.
1700          (b) "Waste energy facility" does not include a facility that incinerates:
1701          (i) hospital waste as defined in 40 C.F.R. 60.51c; or

1702          (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
1703          [(148)] (149) "Watercraft" means a vessel as defined in Section 73-18-2.
1704          [(149)] (150) "Wind energy" means wind used as the sole source of energy to produce
1705     electricity.
1706          [(150)] (151) "ZIP Code" means a Zoning Improvement Plan Code assigned to a
1707     geographic location by the United States Postal Service.
1708          Section 2. Section 59-12-103 is amended to read:
1709          59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
1710     tax revenues.
1711          (1) A tax is imposed on the purchaser as provided in this part on the purchase price or
1712     sales price for amounts paid or charged for the following transactions:
1713          (a) retail sales of tangible personal property made within the state;
1714          (b) amounts paid for:
1715          (i) telecommunications service, other than mobile telecommunications service, that
1716     originates and terminates within the boundaries of this state;
1717          (ii) mobile telecommunications service that originates and terminates within the
1718     boundaries of one state only to the extent permitted by the Mobile Telecommunications
1719     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1720          (iii) an ancillary service associated with a:
1721          (A) telecommunications service described in Subsection (1)(b)(i); or
1722          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
1723          (c) sales of the following for commercial use:
1724          (i) gas;
1725          (ii) electricity;
1726          (iii) heat;
1727          (iv) coal;
1728          (v) fuel oil; or
1729          (vi) other fuels;
1730          (d) sales of the following for residential use:
1731          (i) gas;
1732          (ii) electricity;

1733          (iii) heat;
1734          (iv) coal;
1735          (v) fuel oil; or
1736          (vi) other fuels;
1737          (e) sales of prepared food;
1738          (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
1739     user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
1740     exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
1741     fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
1742     television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
1743     driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
1744     tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
1745     horseback rides, sports activities, or any other amusement, entertainment, recreation,
1746     exhibition, cultural, or athletic activity;
1747          (g) amounts paid or charged for services for repairs or renovations of tangible personal
1748     property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
1749          (i) the tangible personal property; and
1750          (ii) parts used in the repairs or renovations of the tangible personal property described
1751     in Subsection (1)(g)(i), regardless of whether:
1752          (A) any parts are actually used in the repairs or renovations of that tangible personal
1753     property; or
1754          (B) the particular parts used in the repairs or renovations of that tangible personal
1755     property are exempt from a tax under this chapter;
1756          (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
1757     assisted cleaning or washing of tangible personal property;
1758          (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
1759     accommodations and services that are regularly rented for less than 30 consecutive days;
1760          (j) amounts paid or charged for laundry or dry cleaning services;
1761          (k) amounts paid or charged for leases or rentals of tangible personal property if within
1762     this state the tangible personal property is:
1763          (i) stored;

1764          (ii) used; or
1765          (iii) otherwise consumed;
1766          (l) amounts paid or charged for tangible personal property if within this state the
1767     tangible personal property is:
1768          (i) stored;
1769          (ii) used; or
1770          (iii) consumed; [and]
1771          (m) amounts paid or charged for a sale:
1772          (i) (A) of a product transferred electronically; or
1773          (B) of a repair or renovation of a product transferred electronically; and
1774          (ii) regardless of whether the sale provides:
1775          (A) a right of permanent use of the product; or
1776          (B) a right to use the product that is less than a permanent use, including a right:
1777          (I) for a definite or specified length of time; and
1778          (II) that terminates upon the occurrence of a condition[.]; and
1779          (n) sales of candy.
1780          (2) (a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax
1781     are imposed on a transaction described in Subsection (1) equal to the sum of:
1782          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1783          (A) 4.70% plus the rate specified in Subsection (12)(a); and
1784          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
1785     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1786     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
1787     State Sales and Use Tax Act; and
1788          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
1789     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1790     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
1791     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1792          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1793     transaction under this chapter other than this part.
1794          (b) Except as provided in Subsection (2)(e) or (f) and subject to Subsection (2)(k), a

1795     state tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal to
1796     the sum of:
1797          (i) a state tax imposed on the transaction at a tax rate of 2%; and
1798          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1799     transaction under this chapter other than this part.
1800          [(c) Except as provided in Subsection (2)(e) or (f), a state tax and a local tax are
1801     imposed on amounts paid or charged for food and food ingredients equal to the sum of:]
1802          [(i) a state tax imposed on the amounts paid or charged for food and food ingredients at
1803     a tax rate of 1.75%; and]
1804          [(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1805     amounts paid or charged for food and food ingredients under this chapter other than this part.]
1806          (c) (i) Except as provided in Subsection (2)(e) or (f), a local tax is imposed on amounts
1807     paid or charged for food and food ingredients equal to the sum of the tax rates a county, city, or
1808     town imposes under this chapter on the amounts paid or charged for food and food ingredients.
1809          (ii) There is no state tax imposed on amounts paid or charged for food and food
1810     ingredients.
1811          (d) Except as provided in Subsection (2)(e) or (f), a state tax is imposed on amounts
1812     paid or charged for fuel to a common carrier that is a railroad for use in a locomotive engine at
1813     a rate of 4.85%.
1814          (e) (i) For a bundled transaction that is attributable to food and food ingredients and
1815     tangible personal property other than food and food ingredients, a state tax and a local tax is
1816     imposed on the entire bundled transaction equal to the sum of:
1817          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
1818          (I) the tax rate described in Subsection (2)(a)(i)(A); and
1819          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
1820     Sales and Use Tax Act, if the location of the transaction as determined under Sections
1821     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
1822     Additional State Sales and Use Tax Act; and
1823          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
1824     Sales and Use Tax Act, if the location of the transaction as determined under Sections
1825     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which

1826     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1827          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
1828     described in Subsection (2)(a)(ii).
1829          (ii) If an optional computer software maintenance contract is a bundled transaction that
1830     consists of taxable and nontaxable products that are not separately itemized on an invoice or
1831     similar billing document, the purchase of the optional computer software maintenance contract
1832     is 40% taxable under this chapter and 60% nontaxable under this chapter.
1833          (iii) Subject to Subsection (2)(e)(iv), for a bundled transaction other than a bundled
1834     transaction described in Subsection (2)(e)(i) or (ii):
1835          (A) if the sales price of the bundled transaction is attributable to tangible personal
1836     property, a product, or a service that is subject to taxation under this chapter and tangible
1837     personal property, a product, or service that is not subject to taxation under this chapter, the
1838     entire bundled transaction is subject to taxation under this chapter unless:
1839          (I) the seller is able to identify by reasonable and verifiable standards the tangible
1840     personal property, product, or service that is not subject to taxation under this chapter from the
1841     books and records the seller keeps in the seller's regular course of business; or
1842          (II) state or federal law provides otherwise; or
1843          (B) if the sales price of a bundled transaction is attributable to two or more items of
1844     tangible personal property, products, or services that are subject to taxation under this chapter
1845     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
1846     higher tax rate unless:
1847          (I) the seller is able to identify by reasonable and verifiable standards the tangible
1848     personal property, product, or service that is subject to taxation under this chapter at the lower
1849     tax rate from the books and records the seller keeps in the seller's regular course of business; or
1850          (II) state or federal law provides otherwise.
1851          (iv) For purposes of Subsection (2)(e)(iii), books and records that a seller keeps in the
1852     seller's regular course of business includes books and records the seller keeps in the regular
1853     course of business for nontax purposes.
1854          (f) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(f)(ii)
1855     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
1856     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental

1857     of tangible personal property, other property, a product, or a service that is not subject to
1858     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
1859     the seller, at the time of the transaction:
1860          (A) separately states the portion of the transaction that is not subject to taxation under
1861     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
1862          (B) is able to identify by reasonable and verifiable standards, from the books and
1863     records the seller keeps in the seller's regular course of business, the portion of the transaction
1864     that is not subject to taxation under this chapter.
1865          (ii) A purchaser and a seller may correct the taxability of a transaction if:
1866          (A) after the transaction occurs, the purchaser and the seller discover that the portion of
1867     the transaction that is not subject to taxation under this chapter was not separately stated on an
1868     invoice, bill of sale, or similar document provided to the purchaser because of an error or
1869     ignorance of the law; and
1870          (B) the seller is able to identify by reasonable and verifiable standards, from the books
1871     and records the seller keeps in the seller's regular course of business, the portion of the
1872     transaction that is not subject to taxation under this chapter.
1873          (iii) For purposes of Subsections (2)(f)(i) and (ii), books and records that a seller keeps
1874     in the seller's regular course of business includes books and records the seller keeps in the
1875     regular course of business for nontax purposes.
1876          (g) (i) If the sales price of a transaction is attributable to two or more items of tangible
1877     personal property, products, or services that are subject to taxation under this chapter at
1878     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
1879     unless the seller, at the time of the transaction:
1880          (A) separately states the items subject to taxation under this chapter at each of the
1881     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
1882          (B) is able to identify by reasonable and verifiable standards the tangible personal
1883     property, product, or service that is subject to taxation under this chapter at the lower tax rate
1884     from the books and records the seller keeps in the seller's regular course of business.
1885          (ii) For purposes of Subsection (2)(g)(i), books and records that a seller keeps in the
1886     seller's regular course of business includes books and records the seller keeps in the regular
1887     course of business for nontax purposes.

1888          (h) Subject to Subsections (2)(i) and (j), a tax rate repeal or tax rate change for a tax
1889     rate imposed under the following shall take effect on the first day of a calendar quarter:
1890          (i) Subsection (2)(a)(i)(A);
1891          (ii) Subsection (2)(b)(i); or
1892          [(iii) Subsection (2)(c)(i); or]
1893          [(iv)] (iii) Subsection (2)(e)(i)(A)(I).
1894          (i) (i) A tax rate increase takes effect on the first day of the first billing period that
1895     begins on or after the effective date of the tax rate increase if the billing period for the
1896     transaction begins before the effective date of a tax rate increase imposed under:
1897          (A) Subsection (2)(a)(i)(A);
1898          (B) Subsection (2)(b)(i); or
1899          [(C) Subsection (2)(c)(i); or]
1900          [(D)] (C) Subsection (2)(e)(i)(A)(I).
1901          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
1902     statement for the billing period is rendered on or after the effective date of the repeal of the tax
1903     or the tax rate decrease imposed under:
1904          (A) Subsection (2)(a)(i)(A);
1905          (B) Subsection (2)(b)(i); or
1906          [(C) Subsection (2)(c)(i); or]
1907          [(D)] (C) Subsection (2)(e)(i)(A)(I).
1908          (j) (i) For a tax rate described in Subsection (2)(j)(ii), if a tax due on a catalogue sale is
1909     computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
1910     change in a tax rate takes effect:
1911          (A) on the first day of a calendar quarter; and
1912          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
1913          (ii) Subsection (2)(j)(i) applies to the tax rates described in the following:
1914          (A) Subsection (2)(a)(i)(A);
1915          (B) Subsection (2)(b)(i); or
1916          [(C) Subsection (2)(c)(i); or]
1917          [(D)] (C) Subsection (2)(e)(i)(A)(I).
1918          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,

1919     the commission may by rule define the term "catalogue sale."
1920          (k) (i) For a location described in Subsection (2)(k)(ii), the commission shall determine
1921     the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the
1922     predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
1923          (ii) Subsection (2)(k)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
1924     or other fuel is furnished through a single meter for two or more of the following uses:
1925          (A) a commercial use;
1926          (B) an industrial use; or
1927          (C) a residential use.
1928          (3) (a) The following state taxes shall be deposited into the General Fund:
1929          (i) the tax imposed by Subsection (2)(a)(i)(A);
1930          (ii) the tax imposed by Subsection (2)(b)(i); and
1931          [(iii) the tax imposed by Subsection (2)(c)(i); and]
1932          [(iv)] (iii) the tax imposed by Subsection (2)(e)(i)(A)(I).
1933          (b) The following local taxes shall be distributed to a county, city, or town as provided
1934     in this chapter:
1935          (i) the tax imposed by Subsection (2)(a)(ii);
1936          (ii) the tax imposed by Subsection (2)(b)(ii);
1937          (iii) the tax imposed by Subsection [(2)(c)(ii)] (2)(c)(i); and
1938          (iv) the tax imposed by Subsection (2)(e)(i)(B).
1939          (c) The state tax imposed by Subsection (2)(d) shall be deposited into the General
1940     Fund.
1941          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
1942     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
1943     through (g):
1944          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
1945          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
1946          (B) for the fiscal year; or
1947          (ii) $17,500,000.
1948          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
1949     described in Subsection (4)(a) shall be transferred each year as designated sales and use tax

1950     revenue to the Department of Natural Resources to:
1951          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
1952     protect sensitive plant and animal species; or
1953          (B) award grants, up to the amount authorized by the Legislature in an appropriations
1954     act, to political subdivisions of the state to implement the measures described in Subsections
1955     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
1956          (ii) Money transferred to the Department of Natural Resources under Subsection
1957     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
1958     person to list or attempt to have listed a species as threatened or endangered under the
1959     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
1960          (iii) At the end of each fiscal year:
1961          (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
1962     Water Resources Conservation and Development Fund created in Section 73-10-24;
1963          (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1964     Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1965          (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1966     Drinking Water Loan Program Subaccount created in Section 73-10c-5.
1967          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
1968     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
1969     created in Section 4-18-106.
1970          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
1971     in Subsection (4)(a) shall be transferred each year as designated sales and use tax revenue to
1972     the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for
1973     the adjudication of water rights.
1974          (ii) At the end of each fiscal year:
1975          (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
1976     Water Resources Conservation and Development Fund created in Section 73-10-24;
1977          (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1978     Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
1979          (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
1980     Drinking Water Loan Program Subaccount created in Section 73-10c-5.

1981          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
1982     in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
1983     Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
1984          (ii) In addition to the uses allowed of the Water Resources Conservation and
1985     Development Fund under Section 73-10-24, the Water Resources Conservation and
1986     Development Fund may also be used to:
1987          (A) conduct hydrologic and geotechnical investigations by the Division of Water
1988     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
1989     quantifying surface and ground water resources and describing the hydrologic systems of an
1990     area in sufficient detail so as to enable local and state resource managers to plan for and
1991     accommodate growth in water use without jeopardizing the resource;
1992          (B) fund state required dam safety improvements; and
1993          (C) protect the state's interest in interstate water compact allocations, including the
1994     hiring of technical and legal staff.
1995          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1996     in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
1997     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
1998          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
1999     in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
2000     created in Section 73-10c-5 for use by the Division of Drinking Water to:
2001          (i) provide for the installation and repair of collection, treatment, storage, and
2002     distribution facilities for any public water system, as defined in Section 19-4-102;
2003          (ii) develop underground sources of water, including springs and wells; and
2004          (iii) develop surface water sources.
2005          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
2006     2006, the difference between the following amounts shall be expended as provided in this
2007     Subsection (5), if that difference is greater than $1:
2008          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
2009     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
2010          (ii) $17,500,000.
2011          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:

2012          (A) transferred each fiscal year to the Department of Natural Resources as designated
2013     sales and use tax revenue; and
2014          (B) expended by the Department of Natural Resources for watershed rehabilitation or
2015     restoration.
2016          (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
2017     tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation
2018     and Development Fund created in Section 73-10-24.
2019          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
2020     remaining difference described in Subsection (5)(a) shall be:
2021          (A) transferred each fiscal year to the Division of Water Resources as designated sales
2022     and use tax revenue; and
2023          (B) expended by the Division of Water Resources for cloud-seeding projects
2024     authorized by Title 73, Chapter 15, Modification of Weather.
2025          (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
2026     tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation
2027     and Development Fund created in Section 73-10-24.
2028          (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
2029     remaining difference described in Subsection (5)(a) shall be deposited into the Water
2030     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
2031     Division of Water Resources for:
2032          (i) preconstruction costs:
2033          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
2034     26, Bear River Development Act; and
2035          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
2036     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
2037          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
2038     Chapter 26, Bear River Development Act;
2039          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
2040     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
2041          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
2042     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).

2043          (e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
2044     remaining difference described in Subsection (5)(a) shall be deposited each year into the Water
2045     Rights Restricted Account created by Section 73-2-1.6.
2046          (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
2047     amount of revenue generated by a 1/16% tax rate on the transactions described in Subsection
2048     (1) for the fiscal year shall be deposited as follows:
2049          (a) for fiscal year 2020-21 only:
2050          (i) 20% of the revenue described in this Subsection (6) shall be deposited into the
2051     Transportation Investment Fund of 2005 created by Section 72-2-124; and
2052          (ii) 80% of the revenue described in this Subsection (6) shall be deposited into the
2053     Water Infrastructure Restricted Account created by Section 73-10g-103; and
2054          (b) for a fiscal year beginning on or after July 1, 2021, 100% of the revenue described
2055     in this Subsection (6) shall be deposited into the Water Infrastructure Restricted Account
2056     created by Section 73-10g-103.
2057          (7) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
2058     Subsection (6), and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
2059     2012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
2060     created by Section 72-2-124:
2061          (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
2062     the revenues collected from the following taxes, which represents a portion of the
2063     approximately 17% of sales and use tax revenues generated annually by the sales and use tax
2064     on vehicles and vehicle-related products:
2065          (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
2066          (B) the tax imposed by Subsection (2)(b)(i); and
2067          [(C) the tax imposed by Subsection (2)(c)(i); and]
2068          [(D)] (C) the tax imposed by Subsection (2)(e)(i)(A)(I); plus
2069          (ii) an amount equal to 30% of the growth in the amount of revenues collected in the
2070     current fiscal year from the sales and use taxes described in Subsections (7)(a)(i)(A) through
2071     [(D)] (C) that exceeds the amount collected from the sales and use taxes described in
2072     Subsections (7)(a)(i)(A) through [(D)] (C) in the 2010-11 fiscal year.
2073          (b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of

2074     the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
2075     lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through [(D)]
2076     (C) generated in the current fiscal year than the total percentage of sales and use taxes
2077     deposited in the previous fiscal year, the Division of Finance shall deposit an amount under
2078     Subsection (7)(a) equal to the product of:
2079          (A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
2080     previous fiscal year; and
2081          (B) the total sales and use tax revenue generated by the taxes described in Subsections
2082     (7)(a)(i)(A) through [(D)] (C) in the current fiscal year.
2083          (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
2084     Subsection (7)(a) would exceed 17% of the revenues collected from the sales and use taxes
2085     described in Subsections (7)(a)(i)(A) through [(D)] (C) in the current fiscal year, the Division
2086     of Finance shall deposit 17% of the revenues collected from the sales and use taxes described
2087     in Subsections (7)(a)(i)(A) through [(D)] (C) for the current fiscal year under Subsection (7)(a).
2088          (iii) Subject to Subsection (7)(b)(iv)(E), in all subsequent fiscal years after a year in
2089     which 17% of the revenues collected from the sales and use taxes described in Subsections
2090     (7)(a)(i)(A) through [(D)] (C) was deposited under Subsection (7)(a), the Division of Finance
2091     shall annually deposit 17% of the revenues collected from the sales and use taxes described in
2092     Subsections (7)(a)(i)(A) through [(D)] (C) in the current fiscal year under Subsection (7)(a).
2093          (iv) (A) As used in this Subsection (7)(b)(iv), "additional growth revenue" means the
2094     amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
2095     the relevant revenue collected in the previous fiscal year.
2096          (B) As used in this Subsection (7)(b)(iv), "combined amount" means the combined
2097     total amount of money deposited into the Cottonwood Canyons fund under Subsections
2098     (7)(b)(iv)(F) and (8)(d)(vi) in any single fiscal year.
2099          (C) As used in this Subsection (7)(b)(iv), "Cottonwood Canyons fund" means the
2100     Cottonwood Canyons Transportation Investment Fund created in Subsection 72-2-124(10).
2101          (D) As used in this Subsection (7)(b)(iv), "relevant revenue" means the portion of taxes
2102     listed under Subsection (3)(a) that equals 17% of the revenue collected from taxes described in
2103     Subsections (7)(a)(i)(A) through [(D)] (C).
2104          (E) For a fiscal year beginning on or after July 1, 2020, the commission shall annually

2105     reduce the deposit under Subsection (7)(b)(iii) into the Transportation Investment Fund of 2005
2106     by an amount equal to the amount of the deposit under this Subsection (7)(b)(iv) to the
2107     Cottonwood Canyons fund in the previous fiscal year plus 25% of additional growth revenue,
2108     subject to the limit in Subsection (7)(b)(iv)(F).
2109          (F) The commission shall annually deposit the amount described in Subsection
2110     (7)(b)(iv)(E) into the Cottonwood Canyons fund, subject to an annual maximum combined
2111     amount for any single fiscal year of $20,000,000.
2112          (G) If the amount of relevant revenue declines in a fiscal year compared to the previous
2113     fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
2114     Canyons fund under this Subsection (7)(b)(iv) in the same proportion as the decline in relevant
2115     revenue.
2116          (8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
2117     Subsections (6) and (7), and subject to Subsections (8)(b) and (d)(v), for a fiscal year beginning
2118     on or after July 1, 2018, the commission shall annually deposit into the Transportation
2119     Investment Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under
2120     Subsection (3)(a) in an amount equal to 3.68% of the revenues collected from the following
2121     taxes:
2122          (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
2123          (ii) the tax imposed by Subsection (2)(b)(i); and
2124          [(iii) the tax imposed by Subsection (2)(c)(i); and]
2125          [(iv)] (iii) the tax imposed by Subsection (2)(e)(i)(A)(I).
2126          (b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
2127     reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(a) by
2128     an amount that is equal to 35% of the amount of revenue generated in the current fiscal year by
2129     the portion of the tax imposed on motor and special fuel that is sold, used, or received for sale
2130     or use in this state that exceeds 29.4 cents per gallon.
2131          (c) The commission shall annually deposit the amount described in Subsection (8)(b)
2132     into the Transit Transportation Investment Fund created in Section 72-2-124.
2133          (d) (i) As used in this Subsection (8)(d), "additional growth revenue" means the
2134     amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
2135     the relevant revenue collected in the previous fiscal year.

2136          (ii) As used in this Subsection (8)(d), "combined amount" means the combined total
2137     amount of money deposited into the Cottonwood Canyons fund under Subsections (7)(b)(iv)(F)
2138     and (8)(d)(vi) in any single fiscal year.
2139          (iii) As used in this Subsection (8)(d), "Cottonwood Canyons fund" means the
2140     Cottonwood Canyons Transportation Investment Fund created in Subsection 72-2-124(10).
2141          (iv) As used in this Subsection (8)(d), "relevant revenue" means the portion of taxes
2142     listed under Subsection (3)(a) that equals 3.68% of the revenue collected from taxes described
2143     in Subsections (8)(a)(i) through [(iv)] (iii).
2144          (v) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
2145     reduce the deposit under Subsection (8)(a) into the Transportation Investment Fund of 2005 by
2146     an amount equal to the amount of the deposit under this Subsection (8)(d) to the Cottonwood
2147     Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
2148     limit in Subsection (8)(d)(vi).
2149          (vi) The commission shall annually deposit the amount described in Subsection
2150     (8)(d)(v) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
2151     for any single fiscal year of $20,000,000.
2152          (vii) If the amount of relevant revenue declines in a fiscal year compared to the
2153     previous fiscal year, the commission shall decrease the amount of the contribution to the
2154     Cottonwood Canyons fund under this Subsection (8)(d) in the same proportion as the decline in
2155     relevant revenue.
2156          (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2157     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
2158     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
2159          (10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(b),
2160     and in addition to any amounts deposited under Subsections (6), (7), and (8), the Division of
2161     Finance shall deposit into the Transportation Investment Fund of 2005 created by Section
2162     72-2-124 the amount of revenue described as follows:
2163          (i) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a .05%
2164     tax rate on the transactions described in Subsection (1); and
2165          (ii) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
2166     tax rate on the transactions described in Subsection (1).

2167          (b) For purposes of Subsection (10)(a), the Division of Finance may not deposit into
2168     the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
2169     charged for food and food ingredients, except for tax revenue generated by a bundled
2170     transaction attributable to food and food ingredients and tangible personal property other than
2171     food and food ingredients described in Subsection (2)(e).
2172          (11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
2173     fiscal year during which the Division of Finance receives notice under Section 63N-2-510 that
2174     construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the Division of
2175     Finance shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue
2176     generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund,
2177     created in Section 63N-2-512.
2178          (12) (a) The rate specified in this subsection is 0.15%.
2179          (b) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
2180     beginning on or after July 1, 2019, annually transfer the amount of revenue collected from the
2181     rate described in Subsection (12)(a) on the transactions that are subject to the sales and use tax
2182     under Subsection (2)(a)(i)(A) into the Medicaid Expansion Fund created in Section
2183     26-36b-208.
2184          (13) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
2185     2020-21, the Division of Finance shall deposit $200,000 into the General Fund as a dedicated
2186     credit solely for use of the Search and Rescue Financial Assistance Program created in, and
2187     expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
2188          (14) (a) For each fiscal year beginning with fiscal year 2020-21, the Division of
2189     Finance shall annually transfer $1,813,400 of the revenue deposited into the Transportation
2190     Investment Fund of 2005 under Subsections (6) through (8) to the General Fund.
2191          (b) If the total revenue deposited into the Transportation Investment Fund of 2005
2192     under Subsections (6) through (8) is less than $1,813,400 for a fiscal year, the Division of
2193     Finance shall transfer the total revenue deposited into the Transportation Investment Fund of
2194     2005 under Subsections (6) through (8) during the fiscal year to the General Fund.
2195          (15) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
2196     beginning the first day of the calendar quarter one year after the sales and use tax boundary for
2197     a housing and transit reinvestment zone is established, the commission, at least annually, shall

2198     transfer an amount equal to 15% of the sales and use tax increment within an established sales
2199     and use tax boundary, as defined in Section 63N-3-602, into the Transit Transportation
2200     Investment Fund created in Section 72-2-124.
2201          (16) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
2202     beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
2203     Restricted Account, created in Section 51-9-902, a portion of the taxes listed under Subsection
2204     (3)(a) equal to 1% of the revenues collected from the following sales and use taxes:
2205          (a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
2206          (b) the tax imposed by Subsection (2)(b)(i); and
2207          [(c) the tax imposed by Subsection (2)(c)(i); and]
2208          [(d)] (c) the tax imposed by Subsection (2)(e)(i)(A)(I).
2209          Section 3. Section 59-12-104 is amended to read:
2210          59-12-104. Exemptions.
2211          Exemptions from the taxes imposed by this chapter are as follows:
2212          (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
2213     under Chapter 13, Motor and Special Fuel Tax Act;
2214          (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political
2215     subdivisions; however, this exemption does not apply to sales of:
2216          (a) construction materials except:
2217          (i) construction materials purchased by or on behalf of institutions of the public
2218     education system as defined in Utah Constitution, Article X, Section 2, provided the
2219     construction materials are clearly identified and segregated and installed or converted to real
2220     property which is owned by institutions of the public education system; and
2221          (ii) construction materials purchased by the state, its institutions, or its political
2222     subdivisions which are installed or converted to real property by employees of the state, its
2223     institutions, or its political subdivisions; or
2224          (b) tangible personal property in connection with the construction, operation,
2225     maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities
2226     providing additional project capacity, as defined in Section 11-13-103;
2227          (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
2228          (i) the proceeds of each sale do not exceed $1; and

2229          (ii) the seller or operator of the vending machine reports an amount equal to 150% of
2230     the cost of the item described in Subsection (3)(b) as goods consumed; and
2231          (b) Subsection (3)(a) applies to:
2232          (i) food and food ingredients; [or]
2233          (ii) prepared food; or
2234          (iii) candy.
2235          (4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
2236          (i) alcoholic beverages;
2237          (ii) food and food ingredients; [or]
2238          (iii) prepared food; or
2239          (iv) candy.
2240          (b) sales of tangible personal property or a product transferred electronically:
2241          (i) to a passenger;
2242          (ii) by a commercial airline carrier; and
2243          (iii) during a flight for in-flight consumption or in-flight use by the passenger; or
2244          (c) services related to Subsection (4)(a) or (b);
2245          (5) sales of parts and equipment for installation in an aircraft operated by a common
2246     carrier in interstate or foreign commerce;
2247          (6) sales of commercials, motion picture films, prerecorded audio program tapes or
2248     records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
2249     exhibitor, distributor, or commercial television or radio broadcaster;
2250          (7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
2251     cleaning or washing of tangible personal property if the cleaning or washing of the tangible
2252     personal property is not assisted cleaning or washing of tangible personal property;
2253          (b) if a seller that sells at the same business location assisted cleaning or washing of
2254     tangible personal property and cleaning or washing of tangible personal property that is not
2255     assisted cleaning or washing of tangible personal property, the exemption described in
2256     Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
2257     or washing of the tangible personal property; and
2258          (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
2259     Utah Administrative Rulemaking Act, the commission may make rules:

2260          (i) governing the circumstances under which sales are at the same business location;
2261     and
2262          (ii) establishing the procedures and requirements for a seller to separately account for
2263     sales of assisted cleaning or washing of tangible personal property;
2264          (8) sales made to or by religious or charitable institutions in the conduct of their regular
2265     religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
2266     fulfilled;
2267          (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
2268     this state if the vehicle is:
2269          (a) not registered in this state; and
2270          (b) (i) not used in this state; or
2271          (ii) used in this state:
2272          (A) if the vehicle is not used to conduct business, for a time period that does not
2273     exceed the longer of:
2274          (I) 30 days in any calendar year; or
2275          (II) the time period necessary to transport the vehicle to the borders of this state; or
2276          (B) if the vehicle is used to conduct business, for the time period necessary to transport
2277     the vehicle to the borders of this state;
2278          (10) (a) amounts paid for an item described in Subsection (10)(b) if:
2279          (i) the item is intended for human use; and
2280          (ii) (A) a prescription was issued for the item; or
2281          (B) the item was purchased by a hospital or other medical facility; and
2282          (b) (i) Subsection (10)(a) applies to:
2283          (A) a drug;
2284          (B) a syringe; or
2285          (C) a stoma supply; and
2286          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2287     commission may by rule define the terms:
2288          (A) "syringe"; or
2289          (B) "stoma supply";
2290          (11) purchases or leases exempt under Section 19-12-201;

2291          (12) (a) sales of an item described in Subsection (12)(c) served by:
2292          (i) the following if the item described in Subsection (12)(c) is not available to the
2293     general public:
2294          (A) a church; or
2295          (B) a charitable institution; or
2296          (ii) an institution of higher education if:
2297          (A) the item described in Subsection (12)(c) is not available to the general public; or
2298          (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
2299     offered by the institution of higher education; or
2300          (b) sales of an item described in Subsection (12)(c) provided for a patient by:
2301          (i) a medical facility; or
2302          (ii) a nursing facility; and
2303          (c) Subsections (12)(a) and (b) apply to:
2304          (i) food and food ingredients;
2305          (ii) prepared food; [or]
2306          (iii) alcoholic beverages; or
2307          (iv) candy.
2308          (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
2309     or a product transferred electronically by a person:
2310          (i) regardless of the number of transactions involving the sale of that tangible personal
2311     property or product transferred electronically by that person; and
2312          (ii) not regularly engaged in the business of selling that type of tangible personal
2313     property or product transferred electronically;
2314          (b) this Subsection (13) does not apply if:
2315          (i) the sale is one of a series of sales of a character to indicate that the person is
2316     regularly engaged in the business of selling that type of tangible personal property or product
2317     transferred electronically;
2318          (ii) the person holds that person out as regularly engaged in the business of selling that
2319     type of tangible personal property or product transferred electronically;
2320          (iii) the person sells an item of tangible personal property or product transferred
2321     electronically that the person purchased as a sale that is exempt under Subsection (25); or

2322          (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
2323     this state in which case the tax is based upon:
2324          (A) the bill of sale or other written evidence of value of the vehicle or vessel being
2325     sold; or
2326          (B) in the absence of a bill of sale or other written evidence of value, the fair market
2327     value of the vehicle or vessel being sold at the time of the sale as determined by the
2328     commission; and
2329          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2330     commission shall make rules establishing the circumstances under which:
2331          (i) a person is regularly engaged in the business of selling a type of tangible personal
2332     property or product transferred electronically;
2333          (ii) a sale of tangible personal property or a product transferred electronically is one of
2334     a series of sales of a character to indicate that a person is regularly engaged in the business of
2335     selling that type of tangible personal property or product transferred electronically; or
2336          (iii) a person holds that person out as regularly engaged in the business of selling a type
2337     of tangible personal property or product transferred electronically;
2338          (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2339     operating repair or replacement parts, or materials, except for office equipment or office
2340     supplies, by:
2341          (a) a manufacturing facility that:
2342          (i) is located in the state; and
2343          (ii) uses or consumes the machinery, equipment, normal operating repair or
2344     replacement parts, or materials:
2345          (A) in the manufacturing process to manufacture an item sold as tangible personal
2346     property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
2347     Utah Administrative Rulemaking Act; or
2348          (B) for a scrap recycler, to process an item sold as tangible personal property, as the
2349     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2350     Administrative Rulemaking Act;
2351          (b) an establishment, as the commission defines that term in accordance with Title
2352     63G, Chapter 3, Utah Administrative Rulemaking Act, that:

2353          (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
2354     Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
2355     Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
2356     2002 North American Industry Classification System of the federal Executive Office of the
2357     President, Office of Management and Budget;
2358          (ii) is located in the state; and
2359          (iii) uses or consumes the machinery, equipment, normal operating repair or
2360     replacement parts, or materials in:
2361          (A) the production process to produce an item sold as tangible personal property, as the
2362     commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
2363     Administrative Rulemaking Act;
2364          (B) research and development, as the commission may define that phrase in accordance
2365     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2366          (C) transporting, storing, or managing tailings, overburden, or similar waste materials
2367     produced from mining;
2368          (D) developing or maintaining a road, tunnel, excavation, or similar feature used in
2369     mining; or
2370          (E) preventing, controlling, or reducing dust or other pollutants from mining; or
2371          (c) an establishment, as the commission defines that term in accordance with Title
2372     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2373          (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
2374     American Industry Classification System of the federal Executive Office of the President,
2375     Office of Management and Budget;
2376          (ii) is located in the state; and
2377          (iii) uses or consumes the machinery, equipment, normal operating repair or
2378     replacement parts, or materials in the operation of the web search portal;
2379          (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
2380          (i) tooling;
2381          (ii) special tooling;
2382          (iii) support equipment;
2383          (iv) special test equipment; or

2384          (v) parts used in the repairs or renovations of tooling or equipment described in
2385     Subsections (15)(a)(i) through (iv); and
2386          (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
2387          (i) the tooling, equipment, or parts are used or consumed exclusively in the
2388     performance of any aerospace or electronics industry contract with the United States
2389     government or any subcontract under that contract; and
2390          (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
2391     title to the tooling, equipment, or parts is vested in the United States government as evidenced
2392     by:
2393          (A) a government identification tag placed on the tooling, equipment, or parts; or
2394          (B) listing on a government-approved property record if placing a government
2395     identification tag on the tooling, equipment, or parts is impractical;
2396          (16) sales of newspapers or newspaper subscriptions;
2397          (17) (a) except as provided in Subsection (17)(b), tangible personal property or a
2398     product transferred electronically traded in as full or part payment of the purchase price, except
2399     that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
2400     trade-ins are limited to other vehicles only, and the tax is based upon:
2401          (i) the bill of sale or other written evidence of value of the vehicle being sold and the
2402     vehicle being traded in; or
2403          (ii) in the absence of a bill of sale or other written evidence of value, the then existing
2404     fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
2405     commission; and
2406          (b) Subsection (17)(a) does not apply to the following items of tangible personal
2407     property or products transferred electronically traded in as full or part payment of the purchase
2408     price:
2409          (i) money;
2410          (ii) electricity;
2411          (iii) water;
2412          (iv) gas; or
2413          (v) steam;
2414          (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property

2415     or a product transferred electronically used or consumed primarily and directly in farming
2416     operations, regardless of whether the tangible personal property or product transferred
2417     electronically:
2418          (A) becomes part of real estate; or
2419          (B) is installed by a farmer, contractor, or subcontractor; or
2420          (ii) sales of parts used in the repairs or renovations of tangible personal property or a
2421     product transferred electronically if the tangible personal property or product transferred
2422     electronically is exempt under Subsection (18)(a)(i); and
2423          (b) amounts paid or charged for the following are subject to the taxes imposed by this
2424     chapter:
2425          (i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
2426     supplies if used in a manner that is incidental to farming; and
2427          (B) tangible personal property that is considered to be used in a manner that is
2428     incidental to farming includes:
2429          (I) hand tools; or
2430          (II) maintenance and janitorial equipment and supplies;
2431          (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
2432     transferred electronically if the tangible personal property or product transferred electronically
2433     is used in an activity other than farming; and
2434          (B) tangible personal property or a product transferred electronically that is considered
2435     to be used in an activity other than farming includes:
2436          (I) office equipment and supplies; or
2437          (II) equipment and supplies used in:
2438          (Aa) the sale or distribution of farm products;
2439          (Bb) research; or
2440          (Cc) transportation; or
2441          (iii) a vehicle required to be registered by the laws of this state during the period
2442     ending two years after the date of the vehicle's purchase;
2443          (19) sales of hay;
2444          (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
2445     garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or

2446     garden, farm, or other agricultural produce is sold by:
2447          (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
2448     agricultural produce;
2449          (b) an employee of the producer described in Subsection (20)(a); or
2450          (c) a member of the immediate family of the producer described in Subsection (20)(a);
2451          (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
2452     under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
2453          (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
2454     nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
2455     wholesaler, or retailer for use in packaging tangible personal property to be sold by that
2456     manufacturer, processor, wholesaler, or retailer;
2457          (23) a product stored in the state for resale;
2458          (24) (a) purchases of a product if:
2459          (i) the product is:
2460          (A) purchased outside of this state;
2461          (B) brought into this state:
2462          (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
2463          (II) by a nonresident person who is not living or working in this state at the time of the
2464     purchase;
2465          (C) used for the personal use or enjoyment of the nonresident person described in
2466     Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
2467          (D) not used in conducting business in this state; and
2468          (ii) for:
2469          (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
2470     the product for a purpose for which the product is designed occurs outside of this state;
2471          (B) a boat, the boat is registered outside of this state; or
2472          (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
2473     outside of this state;
2474          (b) the exemption provided for in Subsection (24)(a) does not apply to:
2475          (i) a lease or rental of a product; or
2476          (ii) a sale of a vehicle exempt under Subsection (33); and

2477          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2478     purposes of Subsection (24)(a), the commission may by rule define what constitutes the
2479     following:
2480          (i) conducting business in this state if that phrase has the same meaning in this
2481     Subsection (24) as in Subsection (63);
2482          (ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
2483     as in Subsection (63); or
2484          (iii) a purpose for which a product is designed if that phrase has the same meaning in
2485     this Subsection (24) as in Subsection (63);
2486          (25) a product purchased for resale in the regular course of business, either in its
2487     original form or as an ingredient or component part of a manufactured or compounded product;
2488          (26) a product upon which a sales or use tax was paid to some other state, or one of its
2489     subdivisions, except that the state shall be paid any difference between the tax paid and the tax
2490     imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
2491     the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
2492     Act;
2493          (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a
2494     person for use in compounding a service taxable under the subsections;
2495          (28) purchases made in accordance with the special supplemental nutrition program for
2496     women, infants, and children established in 42 U.S.C. Sec. 1786;
2497          (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
2498     replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
2499     3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
2500     the President, Office of Management and Budget;
2501          (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
2502     Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
2503          (a) not registered in this state; and
2504          (b) (i) not used in this state; or
2505          (ii) used in this state:
2506          (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
2507     time period that does not exceed the longer of:

2508          (I) 30 days in any calendar year; or
2509          (II) the time period necessary to transport the boat, boat trailer, or outboard motor to
2510     the borders of this state; or
2511          (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
2512     period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
2513     state;
2514          (31) sales of aircraft manufactured in Utah;
2515          (32) amounts paid for the purchase of telecommunications service for purposes of
2516     providing telecommunications service;
2517          (33) sales, leases, or uses of the following:
2518          (a) a vehicle by an authorized carrier; or
2519          (b) tangible personal property that is installed on a vehicle:
2520          (i) sold or leased to or used by an authorized carrier; and
2521          (ii) before the vehicle is placed in service for the first time;
2522          (34) (a) 45% of the sales price of any new manufactured home; and
2523          (b) 100% of the sales price of any used manufactured home;
2524          (35) sales relating to schools and fundraising sales;
2525          (36) sales or rentals of durable medical equipment if:
2526          (a) a person presents a prescription for the durable medical equipment; and
2527          (b) the durable medical equipment is used for home use only;
2528          (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
2529     Section 72-11-102; and
2530          (b) the commission shall by rule determine the method for calculating sales exempt
2531     under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
2532          (38) sales to a ski resort of:
2533          (a) snowmaking equipment;
2534          (b) ski slope grooming equipment;
2535          (c) passenger ropeways as defined in Section 72-11-102; or
2536          (d) parts used in the repairs or renovations of equipment or passenger ropeways
2537     described in Subsections (38)(a) through (c);
2538          (39) subject to Subsection 59-12-103(2)(j), sales of natural gas, electricity, heat, coal,

2539     fuel oil, or other fuels for industrial use;
2540          (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
2541     amusement, entertainment, or recreation an unassisted amusement device as defined in Section
2542     59-12-102;
2543          (b) if a seller that sells or rents at the same business location the right to use or operate
2544     for amusement, entertainment, or recreation one or more unassisted amusement devices and
2545     one or more assisted amusement devices, the exemption described in Subsection (40)(a)
2546     applies if the seller separately accounts for the sales or rentals of the right to use or operate for
2547     amusement, entertainment, or recreation for the assisted amusement devices; and
2548          (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
2549     Utah Administrative Rulemaking Act, the commission may make rules:
2550          (i) governing the circumstances under which sales are at the same business location;
2551     and
2552          (ii) establishing the procedures and requirements for a seller to separately account for
2553     the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
2554     assisted amusement devices;
2555          (41) (a) sales of photocopies by:
2556          (i) a governmental entity; or
2557          (ii) an entity within the state system of public education, including:
2558          (A) a school; or
2559          (B) the State Board of Education; or
2560          (b) sales of publications by a governmental entity;
2561          (42) amounts paid for admission to an athletic event at an institution of higher
2562     education that is subject to the provisions of Title IX of the Education Amendments of 1972,
2563     20 U.S.C. Sec. 1681 et seq.;
2564          (43) (a) sales made to or by:
2565          (i) an area agency on aging; or
2566          (ii) a senior citizen center owned by a county, city, or town; or
2567          (b) sales made by a senior citizen center that contracts with an area agency on aging;
2568          (44) sales or leases of semiconductor fabricating, processing, research, or development
2569     materials regardless of whether the semiconductor fabricating, processing, research, or

2570     development materials:
2571          (a) actually come into contact with a semiconductor; or
2572          (b) ultimately become incorporated into real property;
2573          (45) an amount paid by or charged to a purchaser for accommodations and services
2574     described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section
2575     59-12-104.2;
2576          (46) the lease or use of a vehicle issued a temporary sports event registration certificate
2577     in accordance with Section 41-3-306 for the event period specified on the temporary sports
2578     event registration certificate;
2579          (47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
2580     adopted by the Public Service Commission only for purchase of electricity produced from a
2581     new alternative energy source built after January 1, 2016, as designated in the tariff by the
2582     Public Service Commission; and
2583          (b) for a residential use customer only, the exemption under Subsection (47)(a) applies
2584     only to the portion of the tariff rate a customer pays under the tariff described in Subsection
2585     (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
2586     customer would have paid absent the tariff;
2587          (48) sales or rentals of mobility enhancing equipment if a person presents a
2588     prescription for the mobility enhancing equipment;
2589          (49) sales of water in a:
2590          (a) pipe;
2591          (b) conduit;
2592          (c) ditch; or
2593          (d) reservoir;
2594          (50) sales of currency or coins that constitute legal tender of a state, the United States,
2595     or a foreign nation;
2596          (51) (a) sales of an item described in Subsection (51)(b) if the item:
2597          (i) does not constitute legal tender of a state, the United States, or a foreign nation; and
2598          (ii) has a gold, silver, or platinum content of 50% or more; and
2599          (b) Subsection (51)(a) applies to a gold, silver, or platinum:
2600          (i) ingot;

2601          (ii) bar;
2602          (iii) medallion; or
2603          (iv) decorative coin;
2604          (52) amounts paid on a sale-leaseback transaction;
2605          (53) sales of a prosthetic device:
2606          (a) for use on or in a human; and
2607          (b) (i) for which a prescription is required; or
2608          (ii) if the prosthetic device is purchased by a hospital or other medical facility;
2609          (54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
2610     machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
2611     or equipment is primarily used in the production or postproduction of the following media for
2612     commercial distribution:
2613          (i) a motion picture;
2614          (ii) a television program;
2615          (iii) a movie made for television;
2616          (iv) a music video;
2617          (v) a commercial;
2618          (vi) a documentary; or
2619          (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
2620     commission by administrative rule made in accordance with Subsection (54)(d); or
2621          (b) purchases, leases, or rentals of machinery or equipment by an establishment
2622     described in Subsection (54)(c) that is used for the production or postproduction of the
2623     following are subject to the taxes imposed by this chapter:
2624          (i) a live musical performance;
2625          (ii) a live news program; or
2626          (iii) a live sporting event;
2627          (c) the following establishments listed in the 1997 North American Industry
2628     Classification System of the federal Executive Office of the President, Office of Management
2629     and Budget, apply to Subsections (54)(a) and (b):
2630          (i) NAICS Code 512110; or
2631          (ii) NAICS Code 51219; and

2632          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2633     commission may by rule:
2634          (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
2635     or
2636          (ii) define:
2637          (A) "commercial distribution";
2638          (B) "live musical performance";
2639          (C) "live news program"; or
2640          (D) "live sporting event";
2641          (55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
2642     on or before June 30, 2027, of tangible personal property that:
2643          (i) is leased or purchased for or by a facility that:
2644          (A) is an alternative energy electricity production facility;
2645          (B) is located in the state; and
2646          (C) (I) becomes operational on or after July 1, 2004; or
2647          (II) has its generation capacity increased by one or more megawatts on or after July 1,
2648     2004, as a result of the use of the tangible personal property;
2649          (ii) has an economic life of five or more years; and
2650          (iii) is used to make the facility or the increase in capacity of the facility described in
2651     Subsection (55)(a)(i) operational up to the point of interconnection with an existing
2652     transmission grid including:
2653          (A) a wind turbine;
2654          (B) generating equipment;
2655          (C) a control and monitoring system;
2656          (D) a power line;
2657          (E) substation equipment;
2658          (F) lighting;
2659          (G) fencing;
2660          (H) pipes; or
2661          (I) other equipment used for locating a power line or pole; and
2662          (b) this Subsection (55) does not apply to:

2663          (i) tangible personal property used in construction of:
2664          (A) a new alternative energy electricity production facility; or
2665          (B) the increase in the capacity of an alternative energy electricity production facility;
2666          (ii) contracted services required for construction and routine maintenance activities;
2667     and
2668          (iii) unless the tangible personal property is used or acquired for an increase in capacity
2669     of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
2670     acquired after:
2671          (A) the alternative energy electricity production facility described in Subsection
2672     (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
2673          (B) the increased capacity described in Subsection (55)(a)(i) is operational as described
2674     in Subsection (55)(a)(iii);
2675          (56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
2676     on or before June 30, 2027, of tangible personal property that:
2677          (i) is leased or purchased for or by a facility that:
2678          (A) is a waste energy production facility;
2679          (B) is located in the state; and
2680          (C) (I) becomes operational on or after July 1, 2004; or
2681          (II) has its generation capacity increased by one or more megawatts on or after July 1,
2682     2004, as a result of the use of the tangible personal property;
2683          (ii) has an economic life of five or more years; and
2684          (iii) is used to make the facility or the increase in capacity of the facility described in
2685     Subsection (56)(a)(i) operational up to the point of interconnection with an existing
2686     transmission grid including:
2687          (A) generating equipment;
2688          (B) a control and monitoring system;
2689          (C) a power line;
2690          (D) substation equipment;
2691          (E) lighting;
2692          (F) fencing;
2693          (G) pipes; or

2694          (H) other equipment used for locating a power line or pole; and
2695          (b) this Subsection (56) does not apply to:
2696          (i) tangible personal property used in construction of:
2697          (A) a new waste energy facility; or
2698          (B) the increase in the capacity of a waste energy facility;
2699          (ii) contracted services required for construction and routine maintenance activities;
2700     and
2701          (iii) unless the tangible personal property is used or acquired for an increase in capacity
2702     described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
2703          (A) the waste energy facility described in Subsection (56)(a)(i) is operational as
2704     described in Subsection (56)(a)(iii); or
2705          (B) the increased capacity described in Subsection (56)(a)(i) is operational as described
2706     in Subsection (56)(a)(iii);
2707          (57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
2708     or before June 30, 2027, of tangible personal property that:
2709          (i) is leased or purchased for or by a facility that:
2710          (A) is located in the state;
2711          (B) produces fuel from alternative energy, including:
2712          (I) methanol; or
2713          (II) ethanol; and
2714          (C) (I) becomes operational on or after July 1, 2004; or
2715          (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
2716     a result of the installation of the tangible personal property;
2717          (ii) has an economic life of five or more years; and
2718          (iii) is installed on the facility described in Subsection (57)(a)(i);
2719          (b) this Subsection (57) does not apply to:
2720          (i) tangible personal property used in construction of:
2721          (A) a new facility described in Subsection (57)(a)(i); or
2722          (B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
2723          (ii) contracted services required for construction and routine maintenance activities;
2724     and

2725          (iii) unless the tangible personal property is used or acquired for an increase in capacity
2726     described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
2727          (A) the facility described in Subsection (57)(a)(i) is operational; or
2728          (B) the increased capacity described in Subsection (57)(a)(i) is operational;
2729          (58) (a) subject to Subsection (58)(b), sales of tangible personal property or a product
2730     transferred electronically to a person within this state if that tangible personal property or
2731     product transferred electronically is subsequently shipped outside the state and incorporated
2732     pursuant to contract into and becomes a part of real property located outside of this state; and
2733          (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
2734     state or political entity to which the tangible personal property is shipped imposes a sales, use,
2735     gross receipts, or other similar transaction excise tax on the transaction against which the other
2736     state or political entity allows a credit for sales and use taxes imposed by this chapter;
2737          (59) purchases:
2738          (a) of one or more of the following items in printed or electronic format:
2739          (i) a list containing information that includes one or more:
2740          (A) names; or
2741          (B) addresses; or
2742          (ii) a database containing information that includes one or more:
2743          (A) names; or
2744          (B) addresses; and
2745          (b) used to send direct mail;
2746          (60) redemptions or repurchases of a product by a person if that product was:
2747          (a) delivered to a pawnbroker as part of a pawn transaction; and
2748          (b) redeemed or repurchased within the time period established in a written agreement
2749     between the person and the pawnbroker for redeeming or repurchasing the product;
2750          (61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
2751          (i) is purchased or leased by, or on behalf of, a telecommunications service provider;
2752     and
2753          (ii) has a useful economic life of one or more years; and
2754          (b) the following apply to Subsection (61)(a):
2755          (i) telecommunications enabling or facilitating equipment, machinery, or software;

2756          (ii) telecommunications equipment, machinery, or software required for 911 service;
2757          (iii) telecommunications maintenance or repair equipment, machinery, or software;
2758          (iv) telecommunications switching or routing equipment, machinery, or software; or
2759          (v) telecommunications transmission equipment, machinery, or software;
2760          (62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
2761     personal property or a product transferred electronically that are used in the research and
2762     development of alternative energy technology; and
2763          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2764     commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
2765     purchases of tangible personal property or a product transferred electronically that are used in
2766     the research and development of alternative energy technology;
2767          (63) (a) purchases of tangible personal property or a product transferred electronically
2768     if:
2769          (i) the tangible personal property or product transferred electronically is:
2770          (A) purchased outside of this state;
2771          (B) brought into this state at any time after the purchase described in Subsection
2772     (63)(a)(i)(A); and
2773          (C) used in conducting business in this state; and
2774          (ii) for:
2775          (A) tangible personal property or a product transferred electronically other than the
2776     tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
2777     for a purpose for which the property is designed occurs outside of this state; or
2778          (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
2779     outside of this state and not required to be registered in this state under Section 41-1a-202 or
2780     73-18-9 based on residency;
2781          (b) the exemption provided for in Subsection (63)(a) does not apply to:
2782          (i) a lease or rental of tangible personal property or a product transferred electronically;
2783     or
2784          (ii) a sale of a vehicle exempt under Subsection (33); and
2785          (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2786     purposes of Subsection (63)(a), the commission may by rule define what constitutes the

2787     following:
2788          (i) conducting business in this state if that phrase has the same meaning in this
2789     Subsection (63) as in Subsection (24);
2790          (ii) the first use of tangible personal property or a product transferred electronically if
2791     that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
2792          (iii) a purpose for which tangible personal property or a product transferred
2793     electronically is designed if that phrase has the same meaning in this Subsection (63) as in
2794     Subsection (24);
2795          (64) sales of disposable home medical equipment or supplies if:
2796          (a) a person presents a prescription for the disposable home medical equipment or
2797     supplies;
2798          (b) the disposable home medical equipment or supplies are used exclusively by the
2799     person to whom the prescription described in Subsection (64)(a) is issued; and
2800          (c) the disposable home medical equipment and supplies are listed as eligible for
2801     payment under:
2802          (i) Title XVIII, federal Social Security Act; or
2803          (ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
2804          (65) sales:
2805          (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
2806     District Act; or
2807          (b) of tangible personal property to a subcontractor of a public transit district, if the
2808     tangible personal property is:
2809          (i) clearly identified; and
2810          (ii) installed or converted to real property owned by the public transit district;
2811          (66) sales of construction materials:
2812          (a) purchased on or after July 1, 2010;
2813          (b) purchased by, on behalf of, or for the benefit of an international airport:
2814          (i) located within a county of the first class; and
2815          (ii) that has a United States customs office on its premises; and
2816          (c) if the construction materials are:
2817          (i) clearly identified;

2818          (ii) segregated; and
2819          (iii) installed or converted to real property:
2820          (A) owned or operated by the international airport described in Subsection (66)(b); and
2821          (B) located at the international airport described in Subsection (66)(b);
2822          (67) sales of construction materials:
2823          (a) purchased on or after July 1, 2008;
2824          (b) purchased by, on behalf of, or for the benefit of a new airport:
2825          (i) located within a county of the second class; and
2826          (ii) that is owned or operated by a city in which an airline as defined in Section
2827     59-2-102 is headquartered; and
2828          (c) if the construction materials are:
2829          (i) clearly identified;
2830          (ii) segregated; and
2831          (iii) installed or converted to real property:
2832          (A) owned or operated by the new airport described in Subsection (67)(b);
2833          (B) located at the new airport described in Subsection (67)(b); and
2834          (C) as part of the construction of the new airport described in Subsection (67)(b);
2835          (68) except for the tax imposed by Subsection 59-12-103(2)(d), sales of fuel to a
2836     common carrier that is a railroad for use in a locomotive engine;
2837          (69) purchases and sales described in Section 63H-4-111;
2838          (70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
2839     overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
2840     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
2841     lists a state or country other than this state as the location of registry of the fixed wing turbine
2842     powered aircraft; or
2843          (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
2844     provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
2845     a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
2846     lists a state or country other than this state as the location of registry of the fixed wing turbine
2847     powered aircraft;
2848          (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course:

2849          (a) to a person admitted to an institution of higher education; and
2850          (b) by a seller, other than a bookstore owned by an institution of higher education, if
2851     51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
2852     textbook for a higher education course;
2853          (72) a license fee or tax a municipality imposes in accordance with Subsection
2854     10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced
2855     level of municipal services;
2856          (73) amounts paid or charged for construction materials used in the construction of a
2857     new or expanding life science research and development facility in the state, if the construction
2858     materials are:
2859          (a) clearly identified;
2860          (b) segregated; and
2861          (c) installed or converted to real property;
2862          (74) amounts paid or charged for:
2863          (a) a purchase or lease of machinery and equipment that:
2864          (i) are used in performing qualified research:
2865          (A) as defined in Section 41(d), Internal Revenue Code; and
2866          (B) in the state; and
2867          (ii) have an economic life of three or more years; and
2868          (b) normal operating repair or replacement parts:
2869          (i) for the machinery and equipment described in Subsection (74)(a); and
2870          (ii) that have an economic life of three or more years;
2871          (75) a sale or lease of tangible personal property used in the preparation of prepared
2872     food if:
2873          (a) for a sale:
2874          (i) the ownership of the seller and the ownership of the purchaser are identical; and
2875          (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
2876     tangible personal property prior to making the sale; or
2877          (b) for a lease:
2878          (i) the ownership of the lessor and the ownership of the lessee are identical; and
2879          (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible

2880     personal property prior to making the lease;
2881          (76) (a) purchases of machinery or equipment if:
2882          (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
2883     Gambling, and Recreation Industries, of the 2012 North American Industry Classification
2884     System of the federal Executive Office of the President, Office of Management and Budget;
2885          (ii) the machinery or equipment:
2886          (A) has an economic life of three or more years; and
2887          (B) is used by one or more persons who pay admission or user fees described in
2888     Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and
2889          (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
2890          (A) amounts paid or charged as admission or user fees described in Subsection
2891     59-12-103(1)(f); and
2892          (B) subject to taxation under this chapter; and
2893          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2894     commission may make rules for verifying that 51% of a purchaser's sales revenue for the
2895     previous calendar quarter is:
2896          (i) amounts paid or charged as admission or user fees described in Subsection
2897     59-12-103(1)(f); and
2898          (ii) subject to taxation under this chapter;
2899          (77) purchases of a short-term lodging consumable by a business that provides
2900     accommodations and services described in Subsection 59-12-103(1)(i);
2901          (78) amounts paid or charged to access a database:
2902          (a) if the primary purpose for accessing the database is to view or retrieve information
2903     from the database; and
2904          (b) not including amounts paid or charged for a:
2905          (i) digital audio work;
2906          (ii) digital audio-visual work; or
2907          (iii) digital book;
2908          (79) amounts paid or charged for a purchase or lease made by an electronic financial
2909     payment service, of:
2910          (a) machinery and equipment that:

2911          (i) are used in the operation of the electronic financial payment service; and
2912          (ii) have an economic life of three or more years; and
2913          (b) normal operating repair or replacement parts that:
2914          (i) are used in the operation of the electronic financial payment service; and
2915          (ii) have an economic life of three or more years;
2916          (80) sales of a fuel cell as defined in Section 54-15-102;
2917          (81) amounts paid or charged for a purchase or lease of tangible personal property or a
2918     product transferred electronically if the tangible personal property or product transferred
2919     electronically:
2920          (a) is stored, used, or consumed in the state; and
2921          (b) is temporarily brought into the state from another state:
2922          (i) during a disaster period as defined in Section 53-2a-1202;
2923          (ii) by an out-of-state business as defined in Section 53-2a-1202;
2924          (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and
2925          (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202;
2926          (82) sales of goods and services at a morale, welfare, and recreation facility, as defined
2927     in Section 39A-7-102, made pursuant to Title 39A, Chapter 7, Morale, Welfare, and Recreation
2928     Program;
2929          (83) amounts paid or charged for a purchase or lease of molten magnesium;
2930          (84) amounts paid or charged for a purchase or lease made by a qualifying data center
2931     or an occupant of a qualifying data center of machinery, equipment, or normal operating repair
2932     or replacement parts, if the machinery, equipment, or normal operating repair or replacement
2933     parts:
2934          (a) are used in:
2935          (i) the operation of the qualifying data center; or
2936          (ii) the occupant's operations in the qualifying data center; and
2937          (b) have an economic life of one or more years;
2938          (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
2939     vehicle that includes cleaning or washing of the interior of the vehicle;
2940          (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2941     operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used

2942     or consumed:
2943          (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
2944     in Section 79-6-701 located in the state;
2945          (b) if the machinery, equipment, normal operating repair or replacement parts,
2946     catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
2947          (i) the production process to produce gasoline or diesel fuel, or at which blendstock is
2948     added to gasoline or diesel fuel;
2949          (ii) research and development;
2950          (iii) transporting, storing, or managing raw materials, work in process, finished
2951     products, and waste materials produced from refining gasoline or diesel fuel, or adding
2952     blendstock to gasoline or diesel fuel;
2953          (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
2954     refining; or
2955          (v) preventing, controlling, or reducing pollutants from refining; and
2956          (c) if the person holds a valid refiner tax exemption certification as defined in Section
2957     79-6-701;
2958          (87) amounts paid to or charged by a proprietor for accommodations and services, as
2959     defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax
2960     imposed under Section 63H-1-205;
2961          (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2962     operating repair or replacement parts, or materials, except for office equipment or office
2963     supplies, by an establishment, as the commission defines that term in accordance with Title
2964     63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2965          (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
2966     American Industry Classification System of the federal Executive Office of the President,
2967     Office of Management and Budget;
2968          (b) is located in this state; and
2969          (c) uses the machinery, equipment, normal operating repair or replacement parts, or
2970     materials in the operation of the establishment;
2971          (89) amounts paid or charged for an item exempt under Section 59-12-104.10;
2972          (90) sales of a note, leaf, foil, or film, if the item:

2973          (a) is used as currency;
2974          (b) does not constitute legal tender of a state, the United States, or a foreign nation; and
2975          (c) has a gold, silver, or platinum metallic content of 50% or more, exclusive of any
2976     transparent polymer holder, coating, or encasement;
2977          (91) amounts paid or charged for admission to an indoor skydiving, rock climbing, or
2978     surfing facility, if a trained instructor:
2979          (a) is present with the participant, in person or by video, for the duration of the activity;
2980     and
2981          (b) actively instructs the participant, including providing observation or feedback;
2982          (92) amounts paid or charged in connection with the construction, operation,
2983     maintenance, repair, or replacement of facilities owned by or constructed for:
2984          (a) a distribution electrical cooperative, as defined in Section 54-2-1; or
2985          (b) a wholesale electrical cooperative, as defined in Section 54-2-1; and
2986          (93) amounts paid by the service provider for tangible personal property, other than
2987     machinery, equipment, parts, office supplies, electricity, gas, heat, steam, or other fuels, that:
2988          (a) is consumed in the performance of a service that is subject to tax under Subsection
2989     59-12-103(1)(b), (f), (g), (h), (i), or (j);
2990          (b) has to be consumed for the service provider to provide the service described in
2991     Subsection (93)(a); and
2992          (c) will be consumed in the performance of the service described in Subsection (93)(a),
2993     to one or more customers, to the point that the tangible personal property disappears or cannot
2994     be used for any other purpose.
2995          Section 4. Section 59-12-107.1 is amended to read:
2996          59-12-107.1. Direct payment permit.
2997          (1) The commission may issue a direct payment permit to a seller that:
2998          (a) obtains a license under Section 59-12-106;
2999          (b) makes aggregate purchases of at least $1,500,000 for each of the three years prior to
3000     the year in which the commission issues the direct payment permit to the seller;
3001          (c) has a record of timely payment of taxes under this chapter as determined by the
3002     commission; and
3003          (d) demonstrates to the commission that the seller has the ability to determine the

3004     appropriate location of a transaction:
3005          (i) under:
3006          (A) Section 59-12-211;
3007          (B) Section 59-12-212; or
3008          (C) Section 59-12-213; and
3009          (ii) for each transaction for which the seller makes a purchase using the direct payment
3010     permit.
3011          (2) The commission shall within 120 days after the date a seller applies for a direct
3012     payment permit notify the seller of the commission's decision to issue or deny the issuance of
3013     the direct payment permit.
3014          (3) A direct payment permit may not be used in connection with the following
3015     transactions:
3016          (a) a purchase of the following purchased in the same transaction:
3017          (i) (A) prepared food; and
3018          [(ii)] (B) food and food ingredients; or
3019          (ii) (A) candy; and
3020          (B) food and food ingredients;
3021          (b) amounts paid or charged for accommodations and services described in Subsection
3022     59-12-103(1)(i);
3023          (c) amounts paid or charged for admission or user fees under Subsection
3024     59-12-103(1)(f);
3025          (d) a purchase of:
3026          (i) a motor vehicle;
3027          (ii) an aircraft;
3028          (iii) a watercraft;
3029          (iv) a modular home;
3030          (v) a manufactured home; or
3031          (vi) a mobile home;
3032          (e) amounts paid under Subsection 59-12-103(1)(b); or
3033          (f) sales under Subsection 59-12-103(1)(c).
3034          (4) The holder of a direct payment permit shall:

3035          (a) present evidence of the direct payment permit to a seller at the time the holder of
3036     the direct payment permit makes a purchase using the direct payment permit;
3037          (b) determine the appropriate location of a transaction under:
3038          (i) (A) Section 59-12-211;
3039          (B) Section 59-12-212; or
3040          (C) Section 59-12-213; and
3041          (ii) for each transaction for which the holder of the direct payment permit makes a
3042     purchase using the direct payment permit;
3043          (c) notwithstanding Section 59-12-107, determine the amount of any sales and use tax
3044     due on each transaction for which the holder of the direct payment permit uses the direct
3045     payment permit;
3046          (d) report and remit to the commission the sales and use tax described in Subsection
3047     (4)(c) at the same time and in the same manner as the holder of the direct payment permit
3048     reports and remits a tax under this chapter; and
3049          (e) maintain records:
3050          (i) that indicate the appropriate location of a transaction under:
3051          (A) (I) Section 59-12-211;
3052          (II) Section 59-12-212; or
3053          (III) Section 59-12-213; and
3054          (B) for each transaction for which a purchase is made using the direct payment permit;
3055     and
3056          (ii) necessary to determine the amount described in Subsection (4)(c) for each
3057     transaction for which the holder of the direct payment permit uses the direct payment permit.
3058          (5) A seller that is presented evidence of a direct payment permit at the time of a
3059     transaction:
3060          (a) notwithstanding Section 59-12-107, may not collect sales and use tax on the
3061     transaction;
3062          (b) shall, for a period of three years from the date the seller files a return with the
3063     commission reporting the transaction, retain records to verify that the transaction was made
3064     using a direct payment permit; and
3065          (c) notwithstanding Section 59-12-107, is not liable for sales and use tax on the

3066     transaction.
3067          (6) The holder of a direct payment permit may calculate the amount the holder of the
3068     direct payment permit may retain under Section 59-12-108 on the amount described in
3069     Subsection (4)(c):
3070          (a) for each transaction for which the holder of the direct payment permit uses the
3071     direct payment permit; and
3072          (b) that the holder of the direct payment permit remits to the commission under this
3073     section.
3074          (7) The commission may revoke a direct payment permit issued under this section at
3075     any time if the holder of the direct payment permit fails to comply with any provision of this
3076     chapter.
3077          (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3078     commission may make rules to administer this section.
3079          Section 5. Section 59-12-108 is amended to read:
3080          59-12-108. Monthly payment -- Amount of tax a seller may retain -- Penalty --
3081     Certain amounts allocated to local taxing jurisdictions.
3082          (1) (a) Notwithstanding Section 59-12-107, a seller that has a tax liability under this
3083     chapter of $50,000 or more for the previous calendar year shall:
3084          (i) file a return with the commission:
3085          (A) monthly on or before the last day of the month immediately following the month
3086     for which the seller collects a tax under this chapter; and
3087          (B) for the month for which the seller collects a tax under this chapter; and
3088          (ii) except as provided in Subsection (1)(b), remit with the return required by
3089     Subsection (1)(a)(i) the amount the person is required to remit to the commission for each tax,
3090     fee, or charge described in Subsection (1)(c):
3091          (A) if that seller's tax liability under this chapter for the previous calendar year is less
3092     than $96,000, by any method permitted by the commission; or
3093          (B) if that seller's tax liability under this chapter for the previous calendar year is
3094     $96,000 or more, by electronic funds transfer.
3095          (b) A seller shall remit electronically with the return required by Subsection (1)(a)(i)
3096     the amount the seller is required to remit to the commission for each tax, fee, or charge

3097     described in Subsection (1)(c) if that seller:
3098          (i) is required by Section 59-12-107 to file the return electronically; or
3099          (ii) (A) is required to collect and remit a tax under Section 59-12-107; and
3100          (B) files a simplified electronic return.
3101          (c) Subsections (1)(a) and (b) apply to the following taxes, fees, or charges:
3102          (i) a tax under Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
3103          (ii) a fee under Section 19-6-714;
3104          (iii) a fee under Section 19-6-805;
3105          (iv) a charge under Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications
3106     Service Charges; or
3107          (v) a tax under this chapter.
3108          (d) Notwithstanding Subsection (1)(a)(ii) and in accordance with Title 63G, Chapter 3,
3109     Utah Administrative Rulemaking Act, the commission shall make rules providing for a method
3110     for making same-day payments other than by electronic funds transfer if making payments by
3111     electronic funds transfer fails.
3112          (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3113     commission shall establish by rule procedures and requirements for determining the amount a
3114     seller is required to remit to the commission under this Subsection (1).
3115          (2) (a) Except as provided in Subsection (3), a seller subject to Subsection (1) or a
3116     seller described in Subsection (4) may retain each month the amount allowed by this
3117     Subsection (2).
3118          (b) A seller subject to Subsection (1) or a seller described in Subsection (4) may retain
3119     each month 1.31% of any amounts the seller is required to remit to the commission:
3120          (i) for a transaction described in Subsection 59-12-103(1) that is subject to a state tax
3121     and a local tax imposed in accordance with the following, for the month for which the seller is
3122     filing a return in accordance with Subsection (1):
3123          (A) Subsection 59-12-103(2)(a);
3124          (B) Subsection 59-12-103(2)(b); and
3125          (C) Subsection 59-12-103(2)(d); and
3126          (ii) for an agreement sales and use tax.
3127          (c) (i) A seller subject to Subsection (1) or a seller described in Subsection (4) may

3128     retain each month the amount calculated under Subsection (2)(c)(ii) for a transaction described
3129     in Subsection 59-12-103(1) that is subject to the state tax and the local tax imposed in
3130     accordance with Subsection 59-12-103(2)(c).
3131          (ii) For purposes of Subsection (2)(c)(i), the amount a seller may retain is an amount
3132     equal to the sum of:
3133          (A) 1.31% of any amounts the seller is required to remit to the commission for:
3134          (I) the [state tax and the local] tax imposed in accordance with Subsection
3135     59-12-103(2)(c);
3136          (II) the month for which the seller is filing a return in accordance with Subsection (1);
3137     and
3138          (III) an agreement sales and use tax; and
3139          (B) 1.31% of the difference between:
3140          (I) the amounts the seller would have been required to remit to the commission:
3141          (Aa) in accordance with Subsection 59-12-103(2)(a) if the transaction had been subject
3142     to the state tax and the local tax imposed in accordance with Subsection 59-12-103(2)(a);
3143          (Bb) for the month for which the seller is filing a return in accordance with Subsection
3144     (1); and
3145          (Cc) for an agreement sales and use tax; and
3146          (II) the amounts the seller is required to remit to the commission for:
3147          (Aa) the [state tax and the local] tax imposed in accordance with Subsection
3148     59-12-103(2)(c);
3149          (Bb) the month for which the seller is filing a return in accordance with Subsection (1);
3150     and
3151          (Cc) an agreement sales and use tax.
3152          (d) A seller subject to Subsection (1) or a seller described in Subsection (4) may retain
3153     each month 1% of any amounts the seller is required to remit to the commission:
3154          (i) for the month for which the seller is filing a return in accordance with Subsection
3155     (1); and
3156          (ii) under:
3157          (A) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
3158          (B) Subsection 59-12-603(1)(a)(i)(A);

3159          (C) Subsection 59-12-603(1)(a)(i)(B); or
3160          (D) Subsection 59-12-603(1)(a)(ii).
3161          (3) A state government entity that is required to remit taxes monthly in accordance
3162     with Subsection (1) may not retain any amount under Subsection (2).
3163          (4) A seller that has a tax liability under this chapter for the previous calendar year of
3164     less than $50,000 may:
3165          (a) voluntarily meet the requirements of Subsection (1); and
3166          (b) if the seller voluntarily meets the requirements of Subsection (1), retain the
3167     amounts allowed by Subsection (2).
3168          (5) Penalties for late payment shall be as provided in Section 59-1-401.
3169          (6) (a) Except as provided in Subsection (6)(c), for any amounts required to be remitted
3170     to the commission under this part, the commission shall each month calculate an amount equal
3171     to the difference between:
3172          (i) the total amount retained for that month by all sellers had the percentages listed
3173     under Subsections (2)(b) and (2)(c)(ii) been 1.5%; and
3174          (ii) the total amount retained for that month by all sellers at the percentages listed
3175     under Subsections (2)(b) and (2)(c)(ii).
3176          (b) The commission shall each month allocate the amount calculated under Subsection
3177     (6)(a) to each county, city, and town on the basis of the proportion of agreement sales and use
3178     tax that the commission distributes to each county, city, and town for that month compared to
3179     the total agreement sales and use tax that the commission distributes for that month to all
3180     counties, cities, and towns.
3181          (c) The amount the commission calculates under Subsection (6)(a) may not include an
3182     amount collected from a tax that:
3183          (i) the state imposes within a county, city, or town, including the unincorporated area
3184     of a county; and
3185          (ii) is not imposed within the entire state.
3186          Section 6. Section 59-12-603 is amended to read:
3187          59-12-603. County tax -- Bases -- Rates -- Use of revenue -- Adoption of ordinance
3188     required -- Advisory board -- Administration -- Collection -- Administrative charge --
3189     Distribution -- Enactment or repeal of tax or tax rate change -- Effective date -- Notice

3190     requirements.
3191          (1) (a) In addition to any other taxes, a county legislative body may, as provided in this
3192     part, impose a tax as follows:
3193          (i) (A) a county legislative body of any county may impose a tax of not to exceed 3%
3194     on all short-term rentals of motor vehicles, except for short-term rentals of motor vehicles
3195     made for the purpose of temporarily replacing a person's motor vehicle that is being repaired
3196     pursuant to a repair or an insurance agreement; and
3197          (B) a county legislative body of any county imposing a tax under Subsection
3198     (1)(a)(i)(A) may, in addition to imposing the tax under Subsection (1)(a)(i)(A), impose a tax of
3199     not to exceed 4% on all short-term rentals of motor vehicles, except for short-term rentals of
3200     motor vehicles made for the purpose of temporarily replacing a person's motor vehicle that is
3201     being repaired pursuant to a repair or an insurance agreement;
3202          (ii) beginning on January 1, 2021, a county legislative body of any county may impose
3203     a tax of not to exceed 7% on all short-term rentals of off-highway vehicles and recreational
3204     vehicles;
3205          (iii) a county legislative body of any county may impose a tax of not to exceed 1% of
3206     all sales of the following that are sold by a restaurant:
3207          (A) alcoholic beverages;
3208          (B) food and food ingredients; [or]
3209          (C) prepared food; [and] or
3210          (D) candy; and
3211          (iv) a county legislative body of a county of the first class may impose a tax of not to
3212     exceed .5% on charges for the accommodations and services described in Subsection
3213     59-12-103(1)(i).
3214          (b) A tax imposed under Subsection (1)(a) is subject to the audit provisions of Section
3215     17-31-5.5.
3216          (2) (a) Subject to Subsection (2)(b), a county may use revenue from the imposition of a
3217     tax under Subsection (1) for:
3218          (i) financing tourism promotion; and
3219          (ii) the development, operation, and maintenance of:
3220          (A) an airport facility;

3221          (B) a convention facility;
3222          (C) a cultural facility;
3223          (D) a recreation facility; or
3224          (E) a tourist facility.
3225          (b) A county of the first class shall expend at least $450,000 each year of the revenue
3226     from the imposition of a tax authorized by Subsection (1)(a)(iv) within the county to fund a
3227     marketing and ticketing system designed to:
3228          (i) promote tourism in ski areas within the county by persons that do not reside within
3229     the state; and
3230          (ii) combine the sale of:
3231          (A) ski lift tickets; and
3232          (B) accommodations and services described in Subsection 59-12-103(1)(i).
3233          (3) A tax imposed under this part may be pledged as security for bonds, notes, or other
3234     evidences of indebtedness incurred by a county, city, or town under Title 11, Chapter 14, Local
3235     Government Bonding Act, or a community reinvestment agency under Title 17C, Chapter 1,
3236     Part 5, Agency Bonds, to finance:
3237          (a) an airport facility;
3238          (b) a convention facility;
3239          (c) a cultural facility;
3240          (d) a recreation facility; or
3241          (e) a tourist facility.
3242          (4) (a) To impose a tax under Subsection (1), the county legislative body shall adopt an
3243     ordinance imposing the tax.
3244          (b) The ordinance under Subsection (4)(a) shall include provisions substantially the
3245     same as those contained in Part 1, Tax Collection, except that the tax shall be imposed only on
3246     those items and sales described in Subsection (1).
3247          (c) The name of the county as the taxing agency shall be substituted for that of the state
3248     where necessary, and an additional license is not required if one has been or is issued under
3249     Section 59-12-106.
3250          (5) To maintain in effect a tax ordinance adopted under this part, each county
3251     legislative body shall, within 30 days of any amendment of any applicable provisions of Part 1,

3252     Tax Collection, adopt amendments to the county's tax ordinance to conform with the applicable
3253     amendments to Part 1, Tax Collection.
3254          (6) (a) Regardless of whether a county of the first class creates a tourism tax advisory
3255     board in accordance with Section 17-31-8, the county legislative body of the county of the first
3256     class shall create a tax advisory board in accordance with this Subsection (6).
3257          (b) The tax advisory board shall be composed of nine members appointed as follows:
3258          (i) four members shall be residents of a county of the first class appointed by the
3259     county legislative body of the county of the first class; and
3260          (ii) subject to Subsections (6)(c) and (d), five members shall be mayors of cities or
3261     towns within the county of the first class appointed by an organization representing all mayors
3262     of cities and towns within the county of the first class.
3263          (c) Five members of the tax advisory board constitute a quorum.
3264          (d) The county legislative body of the county of the first class shall determine:
3265          (i) terms of the members of the tax advisory board;
3266          (ii) procedures and requirements for removing a member of the tax advisory board;
3267          (iii) voting requirements, except that action of the tax advisory board shall be by at
3268     least a majority vote of a quorum of the tax advisory board;
3269          (iv) chairs or other officers of the tax advisory board;
3270          (v) how meetings are to be called and the frequency of meetings; and
3271          (vi) the compensation, if any, of members of the tax advisory board.
3272          (e) The tax advisory board under this Subsection (6) shall advise the county legislative
3273     body of the county of the first class on the expenditure of revenue collected within the county
3274     of the first class from the taxes described in Subsection (1)(a).
3275          (7) (a) (i) Except as provided in Subsection (7)(a)(ii), a tax authorized under this part
3276     shall be administered, collected, and enforced in accordance with:
3277          (A) the same procedures used to administer, collect, and enforce the tax under:
3278          (I) Part 1, Tax Collection; or
3279          (II) Part 2, Local Sales and Use Tax Act; and
3280          (B) Chapter 1, General Taxation Policies.
3281          (ii) A tax under this part is not subject to Section 59-12-107.1 or 59-12-123 or
3282     Subsections 59-12-205(2) through (6).

3283          (b) Except as provided in Subsection (7)(c):
3284          (i) for a tax under this part other than the tax under Subsection (1)(a)(i)(B), the
3285     commission shall distribute the revenue to the county imposing the tax; and
3286          (ii) for a tax under Subsection (1)(a)(i)(B), the commission shall distribute the revenue
3287     according to the distribution formula provided in Subsection (8).
3288          (c) The commission shall retain and deposit an administrative charge in accordance
3289     with Section 59-1-306 from the revenue the commission collects from a tax under this part.
3290          (8) The commission shall distribute the revenue generated by the tax under Subsection
3291     (1)(a)(i)(B) to each county collecting a tax under Subsection (1)(a)(i)(B) according to the
3292     following formula:
3293          (a) the commission shall distribute 70% of the revenue based on the percentages
3294     generated by dividing the revenue collected by each county under Subsection (1)(a)(i)(B) by
3295     the total revenue collected by all counties under Subsection (1)(a)(i)(B); and
3296          (b) the commission shall distribute 30% of the revenue based on the percentages
3297     generated by dividing the population of each county collecting a tax under Subsection
3298     (1)(a)(i)(B) by the total population of all counties collecting a tax under Subsection (1)(a)(i)(B).
3299          (9) (a) For purposes of this Subsection (9):
3300          (i) "Annexation" means an annexation to a county under Title 17, Chapter 2, Part 2,
3301     County Annexation.
3302          (ii) "Annexing area" means an area that is annexed into a county.
3303          (b) (i) Except as provided in Subsection (9)(c), if a county enacts or repeals a tax or
3304     changes the rate of a tax under this part, the enactment, repeal, or change shall take effect:
3305          (A) on the first day of a calendar quarter; and
3306          (B) after a 90-day period beginning on the day on which the commission receives
3307     notice meeting the requirements of Subsection (9)(b)(ii) from the county.
3308          (ii) The notice described in Subsection (9)(b)(i)(B) shall state:
3309          (A) that the county will enact or repeal a tax or change the rate of a tax under this part;
3310          (B) the statutory authority for the tax described in Subsection (9)(b)(ii)(A);
3311          (C) the effective date of the tax described in Subsection (9)(b)(ii)(A); and
3312          (D) if the county enacts the tax or changes the rate of the tax described in Subsection
3313     (9)(b)(ii)(A), the rate of the tax.

3314          (c) (i) If the billing period for a transaction begins before the effective date of the
3315     enactment of the tax or the tax rate increase imposed under Subsection (1), the enactment of
3316     the tax or the tax rate increase shall take effect on the first day of the first billing period that
3317     begins after the effective date of the enactment of the tax or the tax rate increase.
3318          (ii) If the billing period for a transaction begins before the effective date of the repeal
3319     of the tax or the tax rate decrease imposed under Subsection (1), the repeal of the tax or the tax
3320     rate decrease shall take effect on the first day of the last billing period that began before the
3321     effective date of the repeal of the tax or the tax rate decrease.
3322          (d) (i) Except as provided in Subsection (9)(e), if the annexation will result in the
3323     enactment, repeal, or change in the rate of a tax under this part for an annexing area, the
3324     enactment, repeal, or change shall take effect:
3325          (A) on the first day of a calendar quarter; and
3326          (B) after a 90-day period beginning on the day on which the commission receives
3327     notice meeting the requirements of Subsection (9)(d)(ii) from the county that annexes the
3328     annexing area.
3329          (ii) The notice described in Subsection (9)(d)(i)(B) shall state:
3330          (A) that the annexation described in Subsection (9)(d)(i) will result in an enactment,
3331     repeal, or change in the rate of a tax under this part for the annexing area;
3332          (B) the statutory authority for the tax described in Subsection (9)(d)(ii)(A);
3333          (C) the effective date of the tax described in Subsection (9)(d)(ii)(A); and
3334          (D) if the county enacts the tax or changes the rate of the tax described in Subsection
3335     (9)(d)(ii)(A), the rate of the tax.
3336          (e) (i) If the billing period for a transaction begins before the effective date of the
3337     enactment of the tax or the tax rate increase imposed under Subsection (1), the enactment of
3338     the tax or the tax rate increase shall take effect on the first day of the first billing period that
3339     begins after the effective date of the enactment of the tax or the tax rate increase.
3340          (ii) If the billing period for a transaction begins before the effective date of the repeal
3341     of the tax or the tax rate decrease imposed under Subsection (1), the repeal of the tax or the tax
3342     rate decrease shall take effect on the first day of the last billing period that began before the
3343     effective date of the repeal of the tax or the tax rate decrease.
3344          Section 7. Section 63N-7-301 is amended to read:

3345          63N-7-301. Tourism Marketing Performance Account.
3346          (1) There is created within the General Fund a restricted account known as the Tourism
3347     Marketing Performance Account.
3348          (2) The account shall be administered by the tourism office for the purposes listed in
3349     Subsections (6) [through] and [(8).] (7).
3350          (3) (a) The account shall earn interest.
3351          (b) All interest earned on account money shall be deposited into the account.
3352          (4) The account shall be funded by appropriations made to the account by the
3353     Legislature in accordance with this section.
3354          (5) The managing director shall use account money appropriated to the tourism office
3355     to pay for the statewide advertising, marketing, and branding campaign for promotion of the
3356     state as conducted by the tourism office.
3357          (6) (a) For each fiscal year, the tourism office shall annually allocate 10% of the
3358     account money appropriated to the tourism office to a sports organization for advertising,
3359     marketing, branding, and promoting Utah in attracting sporting events into the state.
3360          (b) The sports organization shall:
3361          (i) provide an annual written report to the tourism office that gives an accounting of the
3362     use of funds the sports organization receives under this Subsection (6); and
3363          (ii) promote the state and encourage economic growth in the state.
3364          [(7) Money deposited into the account shall include a legislative appropriation from the
3365     cumulative sales and use tax revenue increases described in Subsection (8), plus any additional
3366     appropriation made by the Legislature.]
3367          [(8) (a) In fiscal years 2006 through 2019, a portion of the state sales and use tax
3368     revenues determined under this Subsection (8) shall be certified by the State Tax Commission
3369     as a set-aside for the account, and the State Tax Commission shall report the amount of the
3370     set-aside to the office, the Office of Legislative Fiscal Analyst, and the Division of Finance,
3371     which shall set aside the certified amount for appropriation to the account.]
3372          [(b) For fiscal years 2016 through 2019, the State Tax Commission shall calculate the
3373     set-aside under this Subsection (8) in each fiscal year by applying one of the following
3374     formulas: if the annual percentage change in the Consumer Price Index for All Urban
3375     Consumers, as published by the Bureau of Labor Statistics of the United States Department of

3376     Labor, for the fiscal year two years before the fiscal year in which the set-aside is to be made
3377     is:]
3378          [(i) greater than 3%, and if the annual percentage change in the state sales and use tax
3379     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
3380     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
3381     years before the fiscal year in which the set-aside is to be made is greater than the annual
3382     percentage change in the Consumer Price Index for the fiscal year two years before the fiscal
3383     year in which the set-aside is to be made, then the difference between the annual percentage
3384     change in the state sales and use tax revenues attributable to the retail sales of tourist-oriented
3385     goods and services and the annual percentage change in the Consumer Price Index shall be
3386     multiplied by an amount equal to the state sales and use tax revenues attributable to the retail
3387     sales of tourist-oriented goods and services from the fiscal year three years before the fiscal
3388     year in which the set-aside is to be made; or]
3389          [(ii) 3% or less, and if the annual percentage change in the state sales and use tax
3390     revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
3391     year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
3392     years before the fiscal year in which the set-aside is to be made is greater than 3%, then the
3393     difference between the annual percentage change in the state sales and use tax revenues
3394     attributable to the retail sales of tourist-oriented goods and services and 3% shall be multiplied
3395     by an amount equal to the state sales and use tax revenues attributable to the retail sales of
3396     tourist-oriented goods and services from the fiscal year three years before the fiscal year in
3397     which the set-aside is to be made.]
3398          [(c) The total money appropriated to the account in a fiscal year under Subsections
3399     (8)(a) and (b) may not exceed the amount appropriated to the account in the preceding fiscal
3400     year by more than $3,000,000.]
3401          [(d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
3402     collected under Subsections 59-12-103(2)(a)(i)(A) and 59-12-103(2)(c)(i).]
3403          [(e) As used in this Subsection (8), "retail sales of tourist-oriented goods and services"
3404     are calculated by adding the following percentages of sales from each business registered with
3405     the State Tax Commission under one of the following codes of the 2012 North American
3406     Industry Classification System of the federal Executive Office of the President, Office of

3407     Management and Budget:]
3408          [(i) 80% of the sales from each business under NAICS Codes:]
3409          [(A) 532111 Passenger Car Rental;]
3410          [(B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;]
3411          [(C) 5615 Travel Arrangement and Reservation Services;]
3412          [(D) 7211 Traveler Accommodation; and]
3413          [(E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;]
3414          [(ii) 25% of the sales from each business under NAICS Codes:]
3415          [(A) 51213 Motion Picture and Video Exhibition;]
3416          [(B) 532292 Recreational Goods Rental;]
3417          [(C) 711 Performing Arts, Spectator Sports, and Related Industries;]
3418          [(D) 712 Museums, Historical Sites, and Similar Institutions; and]
3419          [(E) 713 Amusement, Gambling, and Recreation Industries;]
3420          [(iii) 20% of the sales from each business under NAICS Code 722 Food Services and
3421     Drinking Places;]
3422          [(iv) 18% of the sales from each business under NAICS Codes:]
3423          [(A) 447 Gasoline Stations; and]
3424          [(B) 81293 Parking Lots and Garages;]
3425          [(v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
3426     and Maintenance; and]
3427          [(vi) 5% of the sales from each business under NAICS Codes:]
3428          [(A) 445 Food and Beverage Stores;]
3429          [(B) 446 Health and Personal Care Stores;]
3430          [(C) 448 Clothing and Clothing Accessories Stores;]
3431          [(D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;]
3432          [(E) 452 General Merchandise Stores; and]
3433          [(F) 453 Miscellaneous Store Retailers.]
3434          [(9)] (7) (a) For each fiscal year, the tourism office shall allocate 20% of the funds
3435     appropriated to the Tourism Marketing [and] Performance Account to the cooperative program
3436     described in this Subsection [(9)] (7).
3437          (b) Money allocated to the cooperative program may be awarded to cities, counties,

3438     nonprofit destination marketing organizations, and similar public entities for the purpose of
3439     supplementing money committed by these entities for advertising and promoting sites and
3440     events in the state.
3441          (c) The tourism office shall establish:
3442          (i) an application and approval process for an entity to receive a cooperative program
3443     award, including an application deadline;
3444          (ii) the criteria for awarding a cooperative program award, which shall emphasize
3445     attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
3446     the state; and
3447          (iii) eligibility, advertising, timing, and reporting requirements of an entity that
3448     receives a cooperative program award.
3449          (d) Money allocated to the cooperative program that is not used in each fiscal year shall
3450     be returned to the Tourism Marketing Performance Account.
3451          Section 8. Effective date.
3452          This bill takes effect on July 1, 2023.