Senator Todd D. Weiler proposes the following substitute bill:


1     
SALES TAX MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd D. Weiler

5     
House Sponsor: Calvin R. Musselman

6     

7     LONG TITLE
8     General Description:
9          This bill makes modifications to sales and use tax provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows a city, town, or county to put to vote an authorization for funding for
13     botanical, cultural, recreational, and zoological organizations or facilities that
14     allows the tax collection period to be extended to run simultaneously with the
15     repayment of a bond.
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          59-12-703, as last amended by Laws of Utah 2017, Chapters 181, 422
23          59-12-1402, as last amended by Laws of Utah 2017, Chapter 422
24     

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

26          Section 1. Section 59-12-703 is amended to read:
27          59-12-703. Opinion question election -- Base -- Rate -- Imposition of tax --
28     Expenditure of revenues -- Administration -- Enactment or repeal of tax -- Effective date
29     -- Notice requirements.
30          (1) (a) Subject to the other provisions of this section, a county legislative body may
31     submit an opinion question to the residents of that county, by majority vote of all members of
32     the legislative body, so that each resident of the county, except residents in municipalities that
33     have already imposed a sales and use tax under Part 14, City or Town Option Funding for
34     Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, has an
35     opportunity to express the resident's opinion on the imposition of a local sales and use tax of
36     .1% on the transactions described in Subsection 59-12-103(1) located within the county, to:
37          (i) fund cultural facilities, recreational facilities, and zoological facilities, botanical
38     organizations, cultural organizations, and zoological organizations, and rural radio stations, in
39     that county; [or]
40          (ii) provide funding for a botanical organization, cultural organization, or zoological
41     organization to pay for use of a bus or facility rental if that use of the bus or facility rental is in
42     furtherance of the botanical organization's, cultural organization's, or zoological organization's
43     primary purpose[.]; or
44          (iii) provide for repayment of a municipal bond issued on or after July 1, 2023, to
45     provide funding for a purpose, facility, or organization described in Subsections (1)(a)(i) or (ii),
46     if the length of the repayment term is included in the opinion question.
47          (b) The opinion question required by this section shall state:
48          "Shall (insert the name of the county), Utah, be authorized to impose a .1% sales and
49     use tax for (list the purposes for which the revenue collected from the sales and use tax shall be
50     expended)?"
51          (c) A county legislative body may not impose a tax under this section on:
52          (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses
53     are exempt from taxation under Section 59-12-104;
54          (ii) sales and uses within a municipality that has already imposed a sales and use tax
55     under Part 14, City or Town Option Funding for Botanical, Cultural, Recreational, and
56     Zoological Organizations or Facilities; and

57          (iii) except as provided in Subsection (1)(e), amounts paid or charged for food and
58     food ingredients.
59          (d) For purposes of this Subsection (1), the location of a transaction shall be
60     determined in accordance with Sections 59-12-211 through 59-12-215.
61          (e) A county legislative body imposing a tax under this section shall impose the tax on
62     the purchase price or sales price for amounts paid or charged for food and food ingredients if
63     the food and food ingredients are sold as part of a bundled transaction attributable to food and
64     food ingredients and tangible personal property other than food and food ingredients.
65          (f) The election shall follow the procedures outlined in Title 11, Chapter 14, Local
66     Government Bonding Act.
67          (2) (a) If the county legislative body determines that a majority of the county's
68     registered voters voting on the imposition of the tax have voted in favor of the imposition of
69     the tax as prescribed in Subsection (1), the county legislative body may impose the tax by a
70     majority vote of all members of the legislative body on the transactions:
71          (i) described in Subsection (1); and
72          (ii) within the county, including the cities and towns located in the county, except those
73     cities and towns that have already imposed a sales and use tax under Part 14, City or Town
74     Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or
75     Facilities.
76          (b) A county legislative body may revise county ordinances to reflect statutory changes
77     to the distribution formula or eligible recipients of revenue generated from a tax imposed under
78     Subsection (2)(a) without submitting an opinion question to residents of the county.
79          (3) Subject to Section 59-12-704, revenue collected from a tax imposed under
80     Subsection (2) shall be expended:
81          (a) to fund cultural facilities, recreational facilities, and zoological facilities located
82     within the county or a city or town located in the county, except a city or town that has already
83     imposed a sales and use tax under Part 14, City or Town Option Funding for Botanical,
84     Cultural, Recreational, and Zoological Organizations or Facilities;
85          (b) to fund ongoing operating expenses of:
86          (i) recreational facilities described in Subsection (3)(a);
87          (ii) botanical organizations, cultural organizations, and zoological organizations within

88     the county; and
89          (iii) rural radio stations within the county; and
90          (c) as stated in the opinion question described in Subsection (1).
91          (4) (a) A tax authorized under this part shall be:
92          (i) except as provided in Subsection (4)(b) or (4)(c), administered, collected, and
93     enforced in accordance with:
94          (A) the same procedures used to administer, collect, and enforce the tax under:
95          (I) Part 1, Tax Collection; or
96          (II) Part 2, Local Sales and Use Tax Act; and
97          (B) Chapter 1, General Taxation Policies; and
98          (ii) levied for a period of 10 years and may be reauthorized at the end of the ten-year
99     period in accordance with this section.
100          (b) If a tax under this part is imposed for repayment of a municipal bond described in
101     Subsection (1)(a)(iii):
102          (i) the tax shall be levied for a term that is equivalent to the bond repayment term
103     specified in the opinion question, up to 20 years; and
104          (ii) the tax may only be reauthorized for a period of 10 years.
105          [(b)] (c) A tax under this part is not subject to Subsections 59-12-205(2) through (6).
106          (5) (a) For purposes of this Subsection (5):
107          (i) "Annexation" means an annexation to a county under Title 17, Chapter 2, Part 2,
108     County Annexation.
109          (ii) "Annexing area" means an area that is annexed into a county.
110          (b) (i) Except as provided in Subsection (5)(c) or (d), if, on or after July 1, 2004, a
111     county enacts or repeals a tax under this part, the enactment or repeal shall take effect:
112          (A) on the first day of a calendar quarter; and
113          (B) after a 90-day period beginning on the date the commission receives notice meeting
114     the requirements of Subsection (5)(b)(ii) from the county.
115          (ii) The notice described in Subsection (5)(b)(i)(B) shall state:
116          (A) that the county will enact or repeal a tax under this part;
117          (B) the statutory authority for the tax described in Subsection (5)(b)(ii)(A);
118          (C) the effective date of the tax described in Subsection (5)(b)(ii)(A); and

119          (D) if the county enacts the tax described in Subsection (5)(b)(ii)(A), the rate of the
120     tax.
121          (c) (i) If the billing period for a transaction begins before the effective date of the
122     enactment of the tax under this section, the enactment of the tax takes effect on the first day of
123     the first billing period that begins on or after the effective date of the enactment of the tax.
124          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
125     period is produced on or after the effective date of the repeal of the tax imposed under this
126     section.
127          (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
128     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
129     Subsection (5)(b)(i) takes effect:
130          (A) on the first day of a calendar quarter; and
131          (B) beginning 60 days after the effective date of the enactment or repeal under
132     Subsection (5)(b)(i).
133          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
134     commission may by rule define the term "catalogue sale."
135          (e) (i) Except as provided in Subsection (5)(f) or (g), if, for an annexation that occurs
136     on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
137     part for an annexing area, the enactment or repeal shall take effect:
138          (A) on the first day of a calendar quarter; and
139          (B) after a 90-day period beginning on the date the commission receives notice meeting
140     the requirements of Subsection (5)(e)(ii) from the county that annexes the annexing area.
141          (ii) The notice described in Subsection (5)(e)(i)(B) shall state:
142          (A) that the annexation described in Subsection (5)(e)(i) will result in an enactment or
143     repeal of a tax under this part for the annexing area;
144          (B) the statutory authority for the tax described in Subsection (5)(e)(ii)(A);
145          (C) the effective date of the tax described in Subsection (5)(e)(ii)(A); and
146          (D) the rate of the tax described in Subsection (5)(e)(ii)(A).
147          (f) (i) If the billing period for a transaction begins before the effective date of the
148     enactment of the tax under this section, the enactment of the tax takes effect on the first day of
149     the first billing period that begins on or after the effective date of the enactment of the tax.

150          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
151     period is produced on or after the effective date of the repeal of the tax imposed under this
152     section.
153          (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
154     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
155     Subsection (5)(e)(i) takes effect:
156          (A) on the first day of a calendar quarter; and
157          (B) beginning 60 days after the effective date of the enactment or repeal under
158     Subsection (5)(e)(i).
159          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
160     commission may by rule define the term "catalogue sale."
161          Section 2. Section 59-12-1402 is amended to read:
162          59-12-1402. Opinion question election -- Base -- Rate -- Imposition of tax --
163     Expenditure of revenue -- Enactment or repeal of tax -- Effective date -- Notice
164     requirements.
165          (1) (a) Subject to the other provisions of this section, a city or town legislative body
166     subject to this part may submit an opinion question to the residents of that city or town, by
167     majority vote of all members of the legislative body, so that each resident of the city or town
168     has an opportunity to express the resident's opinion on the imposition of a local sales and use
169     tax of .1% on the transactions described in Subsection 59-12-103(1) located within the city or
170     town, to:
171          (i) fund cultural facilities, recreational facilities, and zoological facilities and botanical
172     organizations, cultural organizations, and zoological organizations in that city or town; [or]
173          (ii) provide funding for a botanical organization, cultural organization, or zoological
174     organization to pay for use of a bus or facility rental if that use of the bus or facility rental is in
175     furtherance of the botanical organization's, cultural organization's, or zoological organization's
176     primary purpose[.]; or
177          (iii) provide for repayment of a municipal bond issued on or after July 1, 2023, to
178     provide funding for a purpose, facility, or organization described in Subsections (1)(a)(i) or (ii),
179     if the length of the repayment term is included in the opinion question.
180          (b) The opinion question required by this section shall state:

181          "Shall (insert the name of the city or town), Utah, be authorized to impose a .1% sales
182     and use tax for (list the purposes for which the revenue collected from the sales and use tax
183     shall be expended)?"
184          (c) A city or town legislative body may not impose a tax under this section:
185          (i) if the county in which the city or town is located imposes a tax under Part 7, County
186     Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or
187     Facilities;
188          (ii) on the sales and uses described in Section 59-12-104 to the extent the sales and
189     uses are exempt from taxation under Section 59-12-104; and
190          (iii) except as provided in Subsection (1)(e), on amounts paid or charged for food and
191     food ingredients.
192          (d) For purposes of this Subsection (1), the location of a transaction shall be
193     determined in accordance with Sections 59-12-211 through 59-12-215.
194          (e) A city or town legislative body imposing a tax under this section shall impose the
195     tax on the purchase price or sales price for amounts paid or charged for food and food
196     ingredients if the food and food ingredients are sold as part of a bundled transaction attributable
197     to food and food ingredients and tangible personal property other than food and food
198     ingredients.
199          (f) Except as provided in Subsection (6), the election shall be held at a regular general
200     election or a municipal general election, as those terms are defined in Section 20A-1-102, and
201     shall follow the procedures outlined in Title 11, Chapter 14, Local Government Bonding Act.
202          (2) (a) If the city or town legislative body determines that a majority of the city's or
203     town's registered voters voting on the imposition of the tax have voted in favor of the
204     imposition of the tax as prescribed in Subsection (1), the city or town legislative body may
205     impose the tax by a majority vote of all members of the legislative body.
206          (b) The city or town legislative body may revise city or town ordinances to reflect
207     statutory changes to eligible recipients of revenue generated from a tax imposed under
208     Subsection (2)(a) without submitting an opinion question to residents of the city or town.
209          (3) Subject to Section 59-12-1403, revenue collected from a tax imposed under
210     Subsection (2) shall be expended:
211          (a) to finance cultural facilities, recreational facilities, and zoological facilities within

212     the city or town or within the geographic area of entities that are parties to an interlocal
213     agreement, to which the city or town is a party, providing for cultural facilities, recreational
214     facilities, or zoological facilities;
215          (b) to finance ongoing operating expenses of:
216          (i) recreational facilities described in Subsection (3)(a) within the city or town or
217     within the geographic area of entities that are parties to an interlocal agreement, to which the
218     city or town is a party, providing for recreational facilities; or
219          (ii) botanical organizations, cultural organizations, and zoological organizations within
220     the city or town or within the geographic area of entities that are parties to an interlocal
221     agreement, to which the city or town is a party, providing for the support of botanical
222     organizations, cultural organizations, or zoological organizations; and
223          (c) as stated in the opinion question described in Subsection (1).
224          (4) (a) Except as provided in [Subsection] Subsections (4)(b) and (c), a tax authorized
225     under this part shall be:
226          (i) administered, collected, and enforced in accordance with:
227          (A) the same procedures used to administer, collect, and enforce the tax under:
228          (I) Part 1, Tax Collection; or
229          (II) Part 2, Local Sales and Use Tax Act; and
230          (B) Chapter 1, General Taxation Policies; and
231          (ii) (A) levied for a period of eight years; and
232          (B) may be reauthorized at the end of the eight-year period in accordance with this
233     section.
234          (b) (i) If a tax under this part is imposed for the first time on or after July 1, 2011, the
235     tax shall be levied for a period of 10 years.
236          (ii) If a tax under this part is reauthorized in accordance with Subsection (4)(a) on or
237     after July 1, 2011, the tax shall be reauthorized for a ten-year period.
238          (c) If a tax under this part is imposed for repayment of a municipal bond described in
239     Subsection (1)(a)(iii):
240          (i) the tax shall be levied for a term that is equivalent to the bond repayment term
241     specified in the opinion question, up to 20 years; and
242          (ii) the tax may only be reauthorized for a period of 10 years.

243          [(c)] (d) A tax under this section is not subject to Subsections 59-12-205(2) through
244     (6).
245          (5) (a) For purposes of this Subsection (5):
246          (i) "Annexation" means an annexation to a city or town under Title 10, Chapter 2, Part
247     4, Annexation.
248          (ii) "Annexing area" means an area that is annexed into a city or town.
249          (b) (i) Except as provided in Subsection (5)(c) or (d), if, on or after July 1, 2004, a city
250     or town enacts or repeals a tax under this part, the enactment or repeal shall take effect:
251          (A) on the first day of a calendar quarter; and
252          (B) after a 90-day period beginning on the date the commission receives notice meeting
253     the requirements of Subsection (5)(b)(ii) from the city or town.
254          (ii) The notice described in Subsection (5)(b)(i)(B) shall state:
255          (A) that the city or town will enact or repeal a tax under this part;
256          (B) the statutory authority for the tax described in Subsection (5)(b)(ii)(A);
257          (C) the effective date of the tax described in Subsection (5)(b)(ii)(A); and
258          (D) if the city or town enacts the tax described in Subsection (5)(b)(ii)(A), the rate of
259     the tax.
260          (c) (i) If the billing period for a transaction begins before the effective date of the
261     enactment of the tax under this section, the enactment of the tax takes effect on the first day of
262     the first billing period that begins on or after the effective date of the enactment of the tax.
263          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
264     period is produced on or after the effective date of the repeal of the tax imposed under this
265     section.
266          (d) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
267     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
268     Subsection (5)(b)(i) takes effect:
269          (A) on the first day of a calendar quarter; and
270          (B) beginning 60 days after the effective date of the enactment or repeal under
271     Subsection (5)(b)(i).
272          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
273     commission may by rule define the term "catalogue sale."

274          (e) (i) Except as provided in Subsection (5)(f) or (g), if, for an annexation that occurs
275     on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this
276     part for an annexing area, the enactment or repeal shall take effect:
277          (A) on the first day of a calendar quarter; and
278          (B) after a 90-day period beginning on the date the commission receives notice meeting
279     the requirements of Subsection (5)(e)(ii) from the city or town that annexes the annexing area.
280          (ii) The notice described in Subsection (5)(e)(i)(B) shall state:
281          (A) that the annexation described in Subsection (5)(e)(i) will result in an enactment or
282     repeal a tax under this part for the annexing area;
283          (B) the statutory authority for the tax described in Subsection (5)(e)(ii)(A);
284          (C) the effective date of the tax described in Subsection (5)(e)(ii)(A); and
285          (D) the rate of the tax described in Subsection (5)(e)(ii)(A).
286          (f) (i) If the billing period for a transaction begins before the effective date of the
287     enactment of the tax under this section, the enactment of the tax takes effect on the first day of
288     the first billing period that begins on or after the effective date of the enactment of the tax.
289          (ii) The repeal of a tax applies to a billing period if the billing statement for the billing
290     period is produced on or after the effective date of the repeal of the tax imposed under this
291     section.
292          (g) (i) If a tax due under this chapter on a catalogue sale is computed on the basis of
293     sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in
294     Subsection (5)(e)(i) takes effect:
295          (A) on the first day of a calendar quarter; and
296          (B) beginning 60 days after the effective date of the enactment or repeal under
297     Subsection (5)(e)(i).
298          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
299     commission may by rule define the term "catalogue sale."
300          (6) (a) Before a city or town legislative body submits an opinion question to the
301     residents of the city or town under Subsection (1), the city or town legislative body shall:
302          (i) submit to the county legislative body in which the city or town is located a written
303     notice of the intent to submit the opinion question to the residents of the city or town; and
304          (ii) receive from the county legislative body:

305          (A) a written resolution passed by the county legislative body stating that the county
306     legislative body is not seeking to impose a tax under Part 7, County Option Funding for
307     Botanical, Cultural, Recreational, and Zoological Organizations or Facilities; or
308          (B) a written statement that in accordance with Subsection (6)(b) the results of a county
309     opinion question submitted to the residents of the county under Part 7, County Option Funding
310     for Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, permit the city
311     or town legislative body to submit the opinion question to the residents of the city or town in
312     accordance with this part.
313          (b) (i) Within 60 days after the day the county legislative body receives from a city or
314     town legislative body described in Subsection (6)(a) the notice of the intent to submit an
315     opinion question to the residents of the city or town, the county legislative body shall provide
316     the city or town legislative body:
317          (A) the written resolution described in Subsection (6)(a)(ii)(A); or
318          (B) written notice that the county legislative body will submit an opinion question to
319     the residents of the county under Part 7, County Option Funding for Botanical, Cultural,
320     Recreational, and Zoological Organizations or Facilities, for the county to impose a tax under
321     that part.
322          (ii) If the county legislative body provides the city or town legislative body the written
323     notice that the county legislative body will submit an opinion question as provided in
324     Subsection (6)(b)(i)(B), the county legislative body shall submit the opinion question by no
325     later than, from the date the county legislative body sends the written notice, the later of:
326          (A) a 12-month period;
327          (B) the next regular primary election; or
328          (C) the next regular general election.
329          (iii) Within 30 days of the date of the canvass of the election at which the opinion
330     question under Subsection (6)(b)(ii) is voted on, the county legislative body shall provide the
331     city or town legislative body described in Subsection (6)(a) written results of the opinion
332     question submitted by the county legislative body under Part 7, County Option Funding for
333     Botanical, Cultural, Recreational, and Zoological Organizations or Facilities, indicating that:
334          (A) (I) the city or town legislative body may not impose a tax under this part because a
335     majority of the county's registered voters voted in favor of the county imposing the tax and the

336     county legislative body by a majority vote approved the imposition of the tax; or
337          (II) for at least 12 months from the date the written results are submitted to the city or
338     town legislative body, the city or town legislative body may not submit to the county legislative
339     body a written notice of the intent to submit an opinion question under this part because a
340     majority of the county's registered voters voted against the county imposing the tax and the
341     majority of the registered voters who are residents of the city or town described in Subsection
342     (6)(a) voted against the imposition of the county tax; or
343          (B) the city or town legislative body may submit the opinion question to the residents
344     of the city or town in accordance with this part because although a majority of the county's
345     registered voters voted against the county imposing the tax, the majority of the registered voters
346     who are residents of the city or town voted for the imposition of the county tax.
347          (c) Notwithstanding Subsection (6)(b), at any time a county legislative body may
348     provide a city or town legislative body described in Subsection (6)(a) a written resolution
349     passed by the county legislative body stating that the county legislative body is not seeking to
350     impose a tax under Part 7, County Option Funding for Botanical, Cultural, Recreational, and
351     Zoological Organizations or Facilities, which permits the city or town legislative body to
352     submit under Subsection (1) an opinion question to the city's or town's residents.
353          Section 3. Effective date.
354          This bill takes effect on July 1, 2023.