Representative Jeffrey D. Stenquist proposes the following substitute bill:


1     
OUTDOOR RECREATION IMPACTS FUND

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeffrey D. Stenquist

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill creates and funds the Outdoor Recreation Impacts Fund.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the Outdoor Recreation Impacts Fund (the fund);
13          ▸     provides the uses of the fund; and
14          ▸      directs a portion of the state sales and use tax revenue remitted from sporting goods
15     sellers to the fund.
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22          59-12-103 (Contingently Superseded 01/01/25), as last amended by Laws of Utah
23     2023, Chapters 22, 213, 329, 361, and 471
24          59-12-103 (Contingently Effective 01/01/25), as last amended by Laws of Utah 2023,
25     Chapters 22, 213, 329, 361, 459, and 471

26     ENACTS:
27          79-7-207, Utah Code Annotated 1953
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 59-12-103 (Contingently Superseded 01/01/25) is amended to
31     read:
32          59-12-103 (Contingently Superseded 01/01/25). Sales and use tax base -- Rates --
33     Effective dates -- Use of sales and use tax revenue.
34          (1) A tax is imposed on the purchaser as provided in this part on the purchase price or
35     sales price for amounts paid or charged for the following transactions:
36          (a) retail sales of tangible personal property made within the state;
37          (b) amounts paid for:
38          (i) telecommunications service, other than mobile telecommunications service, that
39     originates and terminates within the boundaries of this state;
40          (ii) mobile telecommunications service that originates and terminates within the
41     boundaries of one state only to the extent permitted by the Mobile Telecommunications
42     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
43          (iii) an ancillary service associated with a:
44          (A) telecommunications service described in Subsection (1)(b)(i); or
45          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
46          (c) sales of the following for commercial use:
47          (i) gas;
48          (ii) electricity;
49          (iii) heat;
50          (iv) coal;
51          (v) fuel oil; or
52          (vi) other fuels;
53          (d) sales of the following for residential use:
54          (i) gas;
55          (ii) electricity;
56          (iii) heat;

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

88          (iii) otherwise consumed;
89          (l) amounts paid or charged for tangible personal property if within this state the
90     tangible personal property is:
91          (i) stored;
92          (ii) used; or
93          (iii) consumed;
94          (m) amounts paid or charged for a sale:
95          (i) (A) of a product transferred electronically; or
96          (B) of a repair or renovation of a product transferred electronically; and
97          (ii) regardless of whether the sale provides:
98          (A) a right of permanent use of the product; or
99          (B) a right to use the product that is less than a permanent use, including a right:
100          (I) for a definite or specified length of time; and
101          (II) that terminates upon the occurrence of a condition; and
102          (n) sales of leased tangible personal property from the lessor to the lessee made in the
103     state.
104          (2) (a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax
105     are imposed on a transaction described in Subsection (1) equal to the sum of:
106          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
107          (A) 4.70% plus the rate specified in Subsection (11)(a); and
108          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
109     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
110     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
111     State Sales and Use Tax Act; and
112          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
113     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
114     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
115     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
116          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
117     transaction under this chapter other than this part.
118          (b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a

119     state tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal to
120     the sum of:
121          (i) a state tax imposed on the transaction at a tax rate of 2%; and
122          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
123     transaction under this chapter other than this part.
124          (c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are
125     imposed on amounts paid or charged for food and food ingredients equal to the sum of:
126          (i) a state tax imposed on the amounts paid or charged for food and food ingredients at
127     a tax rate of 1.75%; and
128          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
129     amounts paid or charged for food and food ingredients under this chapter other than this part.
130          (d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts
131     paid or charged for fuel to a common carrier that is a railroad for use in a locomotive engine at
132     a rate of 4.85%.
133          (e) (i) (A) If a shared vehicle owner certifies to the commission, on a form prescribed
134     by the commission, that the shared vehicle is an individual-owned shared vehicle, a tax
135     imposed under Subsection (2)(a)(i)(A) does not apply to car sharing, a car-sharing program, a
136     shared vehicle driver, or a shared vehicle owner.
137          (B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
138     required once during the time that the shared vehicle owner owns the shared vehicle.
139          (C) The commission shall verify that a shared vehicle is an individual-owned shared
140     vehicle by verifying that the applicable Utah taxes imposed under this chapter were paid on the
141     purchase of the shared vehicle.
142          (D) The exception under Subsection (2)(e)(i)(A) applies to a certified
143     individual-owned shared vehicle shared through a car-sharing program even if non-certified
144     shared vehicles are also available to be shared through the same car-sharing program.
145          (ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
146          (iii) (A) A car-sharing program may rely in good faith on a shared vehicle owner's
147     representation that the shared vehicle is an individual-owned shared vehicle certified with the
148     commission as described in Subsection (2)(e)(i).
149          (B) If a car-sharing program relies in good faith on a shared vehicle owner's

150     representation that the shared vehicle is an individual-owned shared vehicle certified with the
151     commission as described in Subsection (2)(e)(i), the car-sharing program is not liable for any
152     tax, penalty, fee, or other sanction imposed on the shared vehicle owner.
153          (iv) If all shared vehicles shared through a car-sharing program are certified as
154     described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has no obligation
155     to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax period.
156          (v) [(A)] A car-sharing program is not required to list or otherwise identify an
157     individual-owned shared vehicle on a return or an attachment to a return.
158          (vi) A car-sharing program shall:
159          (A) retain tax information for each car-sharing program transaction; and
160          (B) provide the information described in Subsection (2)(e)(vi)(A) to the commission at
161     the commission's request.
162          (f) (i) For a bundled transaction that is attributable to food and food ingredients and
163     tangible personal property other than food and food ingredients, a state tax and a local tax is
164     imposed on the entire bundled transaction equal to the sum of:
165          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
166          (I) the tax rate described in Subsection (2)(a)(i)(A); and
167          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
168     Sales and Use Tax Act, if the location of the transaction as determined under Sections
169     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
170     Additional State Sales and Use Tax Act; and
171          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
172     Sales and Use Tax Act, if the location of the transaction as determined under Sections
173     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
174     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
175          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
176     described in Subsection (2)(a)(ii).
177          (ii) If an optional computer software maintenance contract is a bundled transaction that
178     consists of taxable and nontaxable products that are not separately itemized on an invoice or
179     similar billing document, the purchase of the optional computer software maintenance contract
180     is 40% taxable under this chapter and 60% nontaxable under this chapter.

181          (iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled
182     transaction described in Subsection (2)(f)(i) or (ii):
183          (A) if the sales price of the bundled transaction is attributable to tangible personal
184     property, a product, or a service that is subject to taxation under this chapter and tangible
185     personal property, a product, or service that is not subject to taxation under this chapter, the
186     entire bundled transaction is subject to taxation under this chapter unless:
187          (I) the seller is able to identify by reasonable and verifiable standards the tangible
188     personal property, product, or service that is not subject to taxation under this chapter from the
189     books and records the seller keeps in the seller's regular course of business; or
190          (II) state or federal law provides otherwise; or
191          (B) if the sales price of a bundled transaction is attributable to two or more items of
192     tangible personal property, products, or services that are subject to taxation under this chapter
193     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
194     higher tax rate unless:
195          (I) the seller is able to identify by reasonable and verifiable standards the tangible
196     personal property, product, or service that is subject to taxation under this chapter at the lower
197     tax rate from the books and records the seller keeps in the seller's regular course of business; or
198          (II) state or federal law provides otherwise.
199          (iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the
200     seller's regular course of business includes books and records the seller keeps in the regular
201     course of business for nontax purposes.
202          (g) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(g)(ii)
203     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
204     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
205     of tangible personal property, other property, a product, or a service that is not subject to
206     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
207     the seller, at the time of the transaction:
208          (A) separately states the portion of the transaction that is not subject to taxation under
209     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
210          (B) is able to identify by reasonable and verifiable standards, from the books and
211     records the seller keeps in the seller's regular course of business, the portion of the transaction

212     that is not subject to taxation under this chapter.
213          (ii) A purchaser and a seller may correct the taxability of a transaction if:
214          (A) after the transaction occurs, the purchaser and the seller discover that the portion of
215     the transaction that is not subject to taxation under this chapter was not separately stated on an
216     invoice, bill of sale, or similar document provided to the purchaser because of an error or
217     ignorance of the law; and
218          (B) the seller is able to identify by reasonable and verifiable standards, from the books
219     and records the seller keeps in the seller's regular course of business, the portion of the
220     transaction that is not subject to taxation under this chapter.
221          (iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller keeps
222     in the seller's regular course of business includes books and records the seller keeps in the
223     regular course of business for nontax purposes.
224          (h) (i) If the sales price of a transaction is attributable to two or more items of tangible
225     personal property, products, or services that are subject to taxation under this chapter at
226     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
227     unless the seller, at the time of the transaction:
228          (A) separately states the items subject to taxation under this chapter at each of the
229     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
230          (B) is able to identify by reasonable and verifiable standards the tangible personal
231     property, product, or service that is subject to taxation under this chapter at the lower tax rate
232     from the books and records the seller keeps in the seller's regular course of business.
233          (ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the
234     seller's regular course of business includes books and records the seller keeps in the regular
235     course of business for nontax purposes.
236          (i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax
237     rate imposed under the following shall take effect on the first day of a calendar quarter:
238          (i) Subsection (2)(a)(i)(A);
239          (ii) Subsection (2)(b)(i);
240          (iii) Subsection (2)(c)(i); or
241          (iv) Subsection (2)(f)(i)(A)(I).
242          (j) (i) A tax rate increase takes effect on the first day of the first billing period that

243     begins on or after the effective date of the tax rate increase if the billing period for the
244     transaction begins before the effective date of a tax rate increase imposed under:
245          (A) Subsection (2)(a)(i)(A);
246          (B) Subsection (2)(b)(i);
247          (C) Subsection (2)(c)(i); or
248          (D) Subsection (2)(f)(i)(A)(I).
249          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
250     statement for the billing period is rendered on or after the effective date of the repeal of the tax
251     or the tax rate decrease imposed under:
252          (A) Subsection (2)(a)(i)(A);
253          (B) Subsection (2)(b)(i);
254          (C) Subsection (2)(c)(i); or
255          (D) Subsection (2)(f)(i)(A)(I).
256          (k) (i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale
257     is computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal
258     or change in a tax rate takes effect:
259          (A) on the first day of a calendar quarter; and
260          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
261          (ii) Subsection (2)(k)(i) applies to the tax rates described in the following:
262          (A) Subsection (2)(a)(i)(A);
263          (B) Subsection (2)(b)(i);
264          (C) Subsection (2)(c)(i); or
265          (D) Subsection (2)(f)(i)(A)(I).
266          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
267     the commission may by rule define the term "catalogue sale."
268          (l) (i) For a location described in Subsection (2)(l)(ii), the commission shall determine
269     the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the
270     predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
271          (ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
272     or other fuel is furnished through a single meter for two or more of the following uses:
273          (A) a commercial use;

274          (B) an industrial use; or
275          (C) a residential use.
276          (3) (a) The following state taxes shall be deposited into the General Fund:
277          (i) the tax imposed by Subsection (2)(a)(i)(A);
278          (ii) the tax imposed by Subsection (2)(b)(i);
279          (iii) the tax imposed by Subsection (2)(c)(i); and
280          (iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
281          (b) The following local taxes shall be distributed to a county, city, or town as provided
282     in this chapter:
283          (i) the tax imposed by Subsection (2)(a)(ii);
284          (ii) the tax imposed by Subsection (2)(b)(ii);
285          (iii) the tax imposed by Subsection (2)(c)(ii); and
286          (iv) the tax imposed by Subsection (2)(f)(i)(B).
287          (c) The state tax imposed by Subsection (2)(d) shall be deposited into the General
288     Fund.
289          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
290     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
291     through (g):
292          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
293          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
294          (B) for the fiscal year; or
295          (ii) $17,500,000.
296          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
297     described in Subsection (4)(a) shall be transferred each year as designated sales and use tax
298     revenue to the Department of Natural Resources to:
299          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
300     protect sensitive plant and animal species; or
301          (B) award grants, up to the amount authorized by the Legislature in an appropriations
302     act, to political subdivisions of the state to implement the measures described in Subsections
303     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.
304          (ii) Money transferred to the Department of Natural Resources under Subsection

305     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
306     person to list or attempt to have listed a species as threatened or endangered under the
307     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
308          (iii) At the end of each fiscal year:
309          (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
310     Water Resources Conservation and Development Fund created in Section 73-10-24;
311          (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
312     Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
313          (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
314     Drinking Water Loan Program Subaccount created in Section 73-10c-5.
315          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
316     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
317     created in Section 4-18-106.
318          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
319     in Subsection (4)(a) shall be transferred each year as designated sales and use tax revenue to
320     the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for
321     the adjudication of water rights.
322          (ii) At the end of each fiscal year:
323          (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
324     Water Resources Conservation and Development Fund created in Section 73-10-24;
325          (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
326     Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
327          (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
328     Drinking Water Loan Program Subaccount created in Section 73-10c-5.
329          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
330     in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
331     Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
332          (ii) In addition to the uses allowed of the Water Resources Conservation and
333     Development Fund under Section 73-10-24, the Water Resources Conservation and
334     Development Fund may also be used to:
335          (A) conduct hydrologic and geotechnical investigations by the Division of Water

336     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
337     quantifying surface and ground water resources and describing the hydrologic systems of an
338     area in sufficient detail so as to enable local and state resource managers to plan for and
339     accommodate growth in water use without jeopardizing the resource;
340          (B) fund state required dam safety improvements; and
341          (C) protect the state's interest in interstate water compact allocations, including the
342     hiring of technical and legal staff.
343          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
344     in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
345     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
346          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
347     in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
348     created in Section 73-10c-5 for use by the Division of Drinking Water to:
349          (i) provide for the installation and repair of collection, treatment, storage, and
350     distribution facilities for any public water system, as defined in Section 19-4-102;
351          (ii) develop underground sources of water, including springs and wells; and
352          (iii) develop surface water sources.
353          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
354     2006, the difference between the following amounts shall be expended as provided in this
355     Subsection (5), if that difference is greater than $1:
356          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
357     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
358          (ii) $17,500,000.
359          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
360          (A) transferred each fiscal year to the Department of Natural Resources as designated
361     sales and use tax revenue; and
362          (B) expended by the Department of Natural Resources for watershed rehabilitation or
363     restoration.
364          (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
365     tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation
366     and Development Fund created in Section 73-10-24.

367          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
368     remaining difference described in Subsection (5)(a) shall be:
369          (A) transferred each fiscal year to the Division of Water Resources as designated sales
370     and use tax revenue; and
371          (B) expended by the Division of Water Resources for cloud-seeding projects
372     authorized by Title 73, Chapter 15, Modification of Weather.
373          (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
374     tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation
375     and Development Fund created in Section 73-10-24.
376          (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
377     remaining difference described in Subsection (5)(a) shall be deposited into the Water
378     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
379     Division of Water Resources for:
380          (i) preconstruction costs:
381          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
382     26, Bear River Development Act; and
383          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
384     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
385          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
386     Chapter 26, Bear River Development Act;
387          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
388     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
389          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
390     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
391          (e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
392     remaining difference described in Subsection (5)(a) shall be deposited each year into the Water
393     Rights Restricted Account created by Section 73-2-1.6.
394          (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a),
395     each fiscal year, the commission shall deposit into the Water Infrastructure Restricted Account
396     created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax rate on the
397     transactions described in Subsection (1) for the fiscal year.

398          (7) (a) Notwithstanding Subsection (3)(a) and subject to Subsection (7)(b), for a fiscal
399     year beginning on or after July 1, 2023, the commission shall deposit into the Transportation
400     Investment Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under
401     Subsection (3)(a) equal to 17% of the revenue collected from the following sales and use taxes:
402          (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
403          (ii) the tax imposed by Subsection (2)(b)(i);
404          (iii) the tax imposed by Subsection (2)(c)(i); and
405          (iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
406          (b) (i) As used in this Subsection (7)(b):
407          (A) "Additional growth revenue" means the amount of relevant revenue collected in
408     the current fiscal year that exceeds by more than 3% the relevant revenue collected in the
409     previous fiscal year.
410          (B) "Combined amount" means the combined total amount of money deposited into the
411     Cottonwood Canyons fund under Subsections (7)(b)(iii) and (8)(d)(iii) in any single fiscal year.
412          (C) "Cottonwood Canyons fund" means the Cottonwood Canyons Transportation
413     Investment Fund created in Subsection 72-2-124(10).
414          (D) "Relevant revenue" means the portion of taxes listed under Subsection (3)(a) that
415     equals 17% of the revenue collected from taxes described in Subsections (7)(a)(i) through (iv).
416          (ii) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
417     reduce the deposit under Subsection (7)(a) into the Transportation Investment Fund of 2005 by
418     an amount equal to the amount of the deposit under this Subsection (7)(b) to the Cottonwood
419     Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
420     limit in Subsection (7)(b)(iii).
421          (iii) The commission shall annually deposit the amount described in Subsection
422     (7)(b)(ii) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
423     for any single fiscal year of $20,000,000.
424          (iv) If the amount of relevant revenue declines in a fiscal year compared to the previous
425     fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
426     Canyons fund under this Subsection (7)(b) in the same proportion as the decline in relevant
427     revenue.
428          (c) (i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,

429     2023, the commission shall annually reduce the deposit into the Transportation Investment
430     Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is equal to 5% of:
431          (A) the amount of revenue generated in the current fiscal year by the portion of taxes
432     listed under Subsection (3)(a) that equals 20.68% of the revenue collected from taxes described
433     in Subsections (7)(a)(i) through (iv);
434          (B) the amount of revenue generated in the current fiscal year by registration fees
435     designated under Section 41-1a-1201 to be deposited into the Transportation Investment Fund
436     of 2005; and
437          (C) [revenues] revenue transferred by the Division of Finance to the Transportation
438     Investment Fund of 2005 in accordance with Section 72-2-106 in the current fiscal year.
439          (ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
440     given fiscal year.
441          (iii) The commission shall annually deposit the amount described in Subsection
442     (7)(c)(i) into the Active Transportation Investment Fund created in Subsection 72-2-124(11).
443          (8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
444     Subsection (7), and subject to Subsections (8)(b) and (d)(ii), for a fiscal year beginning on or
445     after July 1, 2018, the commission shall annually deposit into the Transportation Investment
446     Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under Subsection (3)(a)
447     in an amount equal to 3.68% of the [revenues] revenue collected from the following taxes:
448          (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
449          (ii) the tax imposed by Subsection (2)(b)(i);
450          (iii) the tax imposed by Subsection (2)(c)(i); and
451          (iv) the tax imposed by Subsection (2)(f)(i)(A)(I).
452          (b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
453     reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(a) by
454     an amount that is equal to 35% of the amount of revenue generated in the current fiscal year by
455     the portion of the tax imposed on motor and special fuel that is sold, used, or received for sale
456     or use in this state that exceeds 29.4 cents per gallon.
457          (c) The commission shall annually deposit the amount described in Subsection (8)(b)
458     into the Transit Transportation Investment Fund created in Section 72-2-124.
459          (d) (i) As used in this Subsection (8)(d):

460          (A) "Additional growth revenue" means the amount of relevant revenue collected in
461     the current fiscal year that exceeds by more than 3% the relevant revenue collected in the
462     previous fiscal year.
463          (B) "Combined amount" means the combined total amount of money deposited into the
464     Cottonwood Canyons fund under Subsections (7)(b)(iii) and (8)(d)(iii) in any single fiscal year.
465          (C) "Cottonwood Canyons fund" means the Cottonwood Canyons Transportation
466     Investment Fund created in Subsection 72-2-124(10).
467          (D) "Relevant revenue" means the portion of taxes listed under Subsection (3)(a) that
468     equals 3.68% of the revenue collected from taxes described in Subsections (8)(a)(i) through
469     (iv).
470          (ii) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
471     reduce the deposit under Subsection (8)(a) into the Transportation Investment Fund of 2005 by
472     an amount equal to the amount of the deposit under this Subsection (8)(d) to the Cottonwood
473     Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
474     limit in Subsection (8)(d)(iii).
475          (iii) The commission shall annually deposit the amount described in Subsection
476     (8)(d)(ii) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
477     for any single fiscal year of $20,000,000.
478          (iv) If the amount of relevant revenue declines in a fiscal year compared to the previous
479     fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
480     Canyons fund under this Subsection (8)(d) in the same proportion as the decline in relevant
481     revenue.
482          (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
483     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
484     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
485          (10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
486     fiscal year during which the commission receives notice under Section 63N-2-510 that
487     construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the commission
488     shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue generated by
489     the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund, created in
490     Section 63N-2-512.

491          (11) (a) The rate specified in this subsection is 0.15%.
492          (b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year
493     beginning on or after July 1, 2019, annually transfer the amount of revenue collected from the
494     rate described in Subsection (11)(a) on the transactions that are subject to the sales and use tax
495     under Subsection (2)(a)(i)(A) into the Medicaid Expansion Fund created in Section 26B-1-315.
496          (12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
497     2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated credit
498     solely for use of the Search and Rescue Financial Assistance Program created in, and expended
499     in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
500          (13) (a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
501     annually transfer $1,813,400 of the revenue deposited into the Transportation Investment Fund
502     of 2005 under Subsections (7) and (8) to the General Fund.
503          (b) If the total revenue deposited into the Transportation Investment Fund of 2005
504     under Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the commission shall
505     transfer the total revenue deposited into the Transportation Investment Fund of 2005 under
506     Subsections (7) and (8) during the fiscal year to the General Fund.
507          (14) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
508     beginning the first day of the calendar quarter one year after the sales and use tax boundary for
509     a housing and transit reinvestment zone is established, the commission, at least annually, shall
510     transfer an amount equal to 15% of the sales and use tax increment within an established sales
511     and use tax boundary, as defined in Section 63N-3-602, into the Transit Transportation
512     Investment Fund created in Section 72-2-124.
513          (15) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year
514     beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
515     Restricted Account, created in Section 51-9-902, a portion of the taxes listed under Subsection
516     (3)(a) equal to 1% of the [revenues] revenue collected from the following sales and use taxes:
517          (a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
518          (b) the tax imposed by Subsection (2)(b)(i);
519          (c) the tax imposed by Subsection (2)(c)(i); and
520          (d) the tax imposed by Subsection (2)(f)(i)(A)(I).
521          (16) (a) Notwithstanding Subsection (3)(a), for each fiscal year beginning on or after

522     July 1, 2024, the commission shall calculate the amount that is equal to 10% of the amount of
523     state sales and use tax revenue that is:
524          (i) imposed under Subsections (2)(a)(i)(A), (2)(c)(i), and (2)(f)(i)(A)(I);
525          (ii) remitted in the previous fiscal year; and
526          (iii) remitted by an establishment that reports a NAICS Code 45911, Sporting Goods
527     Retailers, of the 2022 North American Industrial Classification System of the federal Executive
528     Office of the President, Office of Management and Budget, on the establishment's sales tax
529     account or sales tax outlet.
530          (b) The commission shall report the amount calculated in accordance with Subsection
531     (16)(a) to the Division of Finance and the Office of the Legislative Fiscal Analyst.
532          (c) The Division of Finance shall deposit the amount calculated in accordance with
533     Subsection (16)(a) into the Outdoor Recreation Impacts Fund created in Section 79-7-207.
534          Section 2. Section 59-12-103 (Contingently Effective 01/01/25) is amended to read:
535          59-12-103 (Contingently Effective 01/01/25). Sales and use tax base -- Rates --
536     Effective dates -- Use of sales and use tax revenue.
537          (1) A tax is imposed on the purchaser as provided in this part on the purchase price or
538     sales price for amounts paid or charged for the following transactions:
539          (a) retail sales of tangible personal property made within the state;
540          (b) amounts paid for:
541          (i) telecommunications service, other than mobile telecommunications service, that
542     originates and terminates within the boundaries of this state;
543          (ii) mobile telecommunications service that originates and terminates within the
544     boundaries of one state only to the extent permitted by the Mobile Telecommunications
545     Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
546          (iii) an ancillary service associated with a:
547          (A) telecommunications service described in Subsection (1)(b)(i); or
548          (B) mobile telecommunications service described in Subsection (1)(b)(ii);
549          (c) sales of the following for commercial use:
550          (i) gas;
551          (ii) electricity;
552          (iii) heat;

553          (iv) coal;
554          (v) fuel oil; or
555          (vi) other fuels;
556          (d) sales of the following for residential use:
557          (i) gas;
558          (ii) electricity;
559          (iii) heat;
560          (iv) coal;
561          (v) fuel oil; or
562          (vi) other fuels;
563          (e) sales of prepared food;
564          (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
565     user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
566     exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
567     fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
568     television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
569     driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
570     tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
571     horseback rides, sports activities, or any other amusement, entertainment, recreation,
572     exhibition, cultural, or athletic activity;
573          (g) amounts paid or charged for services for repairs or renovations of tangible personal
574     property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
575          (i) the tangible personal property; and
576          (ii) parts used in the repairs or renovations of the tangible personal property described
577     in Subsection (1)(g)(i), regardless of whether:
578          (A) any parts are actually used in the repairs or renovations of that tangible personal
579     property; or
580          (B) the particular parts used in the repairs or renovations of that tangible personal
581     property are exempt from a tax under this chapter;
582          (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
583     assisted cleaning or washing of tangible personal property;

584          (i) amounts paid or charged for tourist home, hotel, motel, or trailer court
585     accommodations and services that are regularly rented for less than 30 consecutive days;
586          (j) amounts paid or charged for laundry or dry cleaning services;
587          (k) amounts paid or charged for leases or rentals of tangible personal property if within
588     this state the tangible personal property is:
589          (i) stored;
590          (ii) used; or
591          (iii) otherwise consumed;
592          (l) amounts paid or charged for tangible personal property if within this state the
593     tangible personal property is:
594          (i) stored;
595          (ii) used; or
596          (iii) consumed;
597          (m) amounts paid or charged for a sale:
598          (i) (A) of a product transferred electronically; or
599          (B) of a repair or renovation of a product transferred electronically; and
600          (ii) regardless of whether the sale provides:
601          (A) a right of permanent use of the product; or
602          (B) a right to use the product that is less than a permanent use, including a right:
603          (I) for a definite or specified length of time; and
604          (II) that terminates upon the occurrence of a condition; and
605          (n) sales of leased tangible personal property from the lessor to the lessee made in the
606     state.
607          (2) (a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax
608     are imposed on a transaction described in Subsection (1) equal to the sum of:
609          (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
610          (A) 4.70% plus the rate specified in Subsection (11)(a); and
611          (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
612     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
613     through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
614     State Sales and Use Tax Act; and

615          (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
616     and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
617     through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state
618     imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
619          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
620     transaction under this chapter other than this part.
621          (b) Except as provided in Subsection (2)(f) or (g) and subject to Subsection (2)(l), a
622     state tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal to
623     the sum of:
624          (i) a state tax imposed on the transaction at a tax rate of 2%; and
625          (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
626     transaction under this chapter other than this part.
627          (c) (i) Except as provided in Subsection (2)(f) or (g), a local tax is imposed on amounts
628     paid or charged for food and food ingredients equal to the sum of the tax rates a county, city, or
629     town imposes under this chapter on the amounts paid or charged for food or food ingredients.
630          (ii) There is no state tax imposed on amounts paid or charged for food and food
631     ingredients.
632          (d) Except as provided in Subsection (2)(f) or (g), a state tax is imposed on amounts
633     paid or charged for fuel to a common carrier that is a railroad for use in a locomotive engine at
634     a rate of 4.85%.
635          (e) (i) (A) If a shared vehicle owner certifies to the commission, on a form prescribed
636     by the commission, that the shared vehicle is an individual-owned shared vehicle, a tax
637     imposed under Subsection (2)(a)(i)(A) does not apply to car sharing, a car-sharing program, a
638     shared vehicle driver, or a shared vehicle owner.
639          (B) A shared vehicle owner's certification described in Subsection (2)(e)(i)(A) is
640     required once during the time that the shared vehicle owner owns the shared vehicle.
641          (C) The commission shall verify that a shared vehicle is an individual-owned shared
642     vehicle by verifying that the applicable Utah taxes imposed under this chapter were paid on the
643     purchase of the shared vehicle.
644          (D) The exception under Subsection (2)(e)(i)(A) applies to a certified
645     individual-owned shared vehicle shared through a car-sharing program even if non-certified

646     shared vehicles are also available to be shared through the same car-sharing program.
647          (ii) A tax imposed under Subsection (2)(a)(i)(B) or (2)(a)(ii) applies to car sharing.
648          (iii) (A) A car-sharing program may rely in good faith on a shared vehicle owner's
649     representation that the shared vehicle is an individual-owned shared vehicle certified with the
650     commission as described in Subsection (2)(e)(i).
651          (B) If a car-sharing program relies in good faith on a shared vehicle owner's
652     representation that the shared vehicle is an individual-owned shared vehicle certified with the
653     commission as described in Subsection (2)(e)(i), the car-sharing program is not liable for any
654     tax, penalty, fee, or other sanction imposed on the shared vehicle owner.
655          (iv) If all shared vehicles shared through a car-sharing program are certified as
656     described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has no obligation
657     to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax period.
658          (v) [(A)] A car-sharing program is not required to list or otherwise identify an
659     individual-owned shared vehicle on a return or an attachment to a return.
660          (vi) A car-sharing program shall:
661          (A) retain tax information for each car-sharing program transaction; and
662          (B) provide the information described in Subsection (2)(e)(vi)(A) to the commission at
663     the commission's request.
664          (f) (i) For a bundled transaction that is attributable to food and food ingredients and
665     tangible personal property other than food and food ingredients, a state tax and a local tax is
666     imposed on the entire bundled transaction equal to the sum of:
667          (A) a state tax imposed on the entire bundled transaction equal to the sum of:
668          (I) the tax rate described in Subsection (2)(a)(i)(A); and
669          (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
670     Sales and Use Tax Act, if the location of the transaction as determined under Sections
671     59-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18,
672     Additional State Sales and Use Tax Act; and
673          (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
674     Sales and Use Tax Act, if the location of the transaction as determined under Sections
675     59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
676     the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and

677          (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
678     described in Subsection (2)(a)(ii).
679          (ii) If an optional computer software maintenance contract is a bundled transaction that
680     consists of taxable and nontaxable products that are not separately itemized on an invoice or
681     similar billing document, the purchase of the optional computer software maintenance contract
682     is 40% taxable under this chapter and 60% nontaxable under this chapter.
683          (iii) Subject to Subsection (2)(f)(iv), for a bundled transaction other than a bundled
684     transaction described in Subsection (2)(f)(i) or (ii):
685          (A) if the sales price of the bundled transaction is attributable to tangible personal
686     property, a product, or a service that is subject to taxation under this chapter and tangible
687     personal property, a product, or service that is not subject to taxation under this chapter, the
688     entire bundled transaction is subject to taxation under this chapter unless:
689          (I) the seller is able to identify by reasonable and verifiable standards the tangible
690     personal property, product, or service that is not subject to taxation under this chapter from the
691     books and records the seller keeps in the seller's regular course of business; or
692          (II) state or federal law provides otherwise; or
693          (B) if the sales price of a bundled transaction is attributable to two or more items of
694     tangible personal property, products, or services that are subject to taxation under this chapter
695     at different rates, the entire bundled transaction is subject to taxation under this chapter at the
696     higher tax rate unless:
697          (I) the seller is able to identify by reasonable and verifiable standards the tangible
698     personal property, product, or service that is subject to taxation under this chapter at the lower
699     tax rate from the books and records the seller keeps in the seller's regular course of business; or
700          (II) state or federal law provides otherwise.
701          (iv) For purposes of Subsection (2)(f)(iii), books and records that a seller keeps in the
702     seller's regular course of business includes books and records the seller keeps in the regular
703     course of business for nontax purposes.
704          (g) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(g)(ii)
705     and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
706     product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
707     of tangible personal property, other property, a product, or a service that is not subject to

708     taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
709     the seller, at the time of the transaction:
710          (A) separately states the portion of the transaction that is not subject to taxation under
711     this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
712          (B) is able to identify by reasonable and verifiable standards, from the books and
713     records the seller keeps in the seller's regular course of business, the portion of the transaction
714     that is not subject to taxation under this chapter.
715          (ii) A purchaser and a seller may correct the taxability of a transaction if:
716          (A) after the transaction occurs, the purchaser and the seller discover that the portion of
717     the transaction that is not subject to taxation under this chapter was not separately stated on an
718     invoice, bill of sale, or similar document provided to the purchaser because of an error or
719     ignorance of the law; and
720          (B) the seller is able to identify by reasonable and verifiable standards, from the books
721     and records the seller keeps in the seller's regular course of business, the portion of the
722     transaction that is not subject to taxation under this chapter.
723          (iii) For purposes of Subsections (2)(g)(i) and (ii), books and records that a seller keeps
724     in the seller's regular course of business includes books and records the seller keeps in the
725     regular course of business for nontax purposes.
726          (h) (i) If the sales price of a transaction is attributable to two or more items of tangible
727     personal property, products, or services that are subject to taxation under this chapter at
728     different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
729     unless the seller, at the time of the transaction:
730          (A) separately states the items subject to taxation under this chapter at each of the
731     different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
732          (B) is able to identify by reasonable and verifiable standards the tangible personal
733     property, product, or service that is subject to taxation under this chapter at the lower tax rate
734     from the books and records the seller keeps in the seller's regular course of business.
735          (ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the
736     seller's regular course of business includes books and records the seller keeps in the regular
737     course of business for nontax purposes.
738          (i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax

739     rate imposed under the following shall take effect on the first day of a calendar quarter:
740          (i) Subsection (2)(a)(i)(A);
741          (ii) Subsection (2)(b)(i); or
742          (iii) Subsection (2)(f)(i)(A)(I).
743          (j) (i) A tax rate increase takes effect on the first day of the first billing period that
744     begins on or after the effective date of the tax rate increase if the billing period for the
745     transaction begins before the effective date of a tax rate increase imposed under:
746          (A) Subsection (2)(a)(i)(A);
747          (B) Subsection (2)(b)(i); or
748          (C) Subsection (2)(f)(i)(A)(I).
749          (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
750     statement for the billing period is rendered on or after the effective date of the repeal of the tax
751     or the tax rate decrease imposed under:
752          (A) Subsection (2)(a)(i)(A);
753          (B) Subsection (2)(b)(i); or
754          (C) Subsection (2)(f)(i)(A)(I).
755          (k) (i) For a tax rate described in Subsection (2)(k)(ii), if a tax due on a catalogue sale
756     is computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal
757     or change in a tax rate takes effect:
758          (A) on the first day of a calendar quarter; and
759          (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
760          (ii) Subsection (2)(k)(i) applies to the tax rates described in the following:
761          (A) Subsection (2)(a)(i)(A);
762          (B) Subsection (2)(b)(i); or
763          (C) Subsection (2)(f)(i)(A)(I).
764          (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
765     the commission may by rule define the term "catalogue sale."
766          (l) (i) For a location described in Subsection (2)(l)(ii), the commission shall determine
767     the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the
768     predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
769          (ii) Subsection (2)(l)(i) applies to a location where gas, electricity, heat, coal, fuel oil,

770     or other fuel is furnished through a single meter for two or more of the following uses:
771          (A) a commercial use;
772          (B) an industrial use; or
773          (C) a residential use.
774          (3) (a) The following state taxes shall be deposited into the General Fund:
775          (i) the tax imposed by Subsection (2)(a)(i)(A);
776          (ii) the tax imposed by Subsection (2)(b)(i); and
777          (iii) the tax imposed by Subsection (2)(f)(i)(A)(I).
778          (b) The following local taxes shall be distributed to a county, city, or town as provided
779     in this chapter:
780          (i) the tax imposed by Subsection (2)(a)(ii);
781          (ii) the tax imposed by Subsection (2)(b)(ii);
782          (iii) the tax imposed by Subsection (2)(c); and
783          (iv) the tax imposed by Subsection (2)(f)(i)(B).
784          (c) The state tax imposed by Subsection (2)(d) shall be deposited into the General
785     Fund.
786          (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
787     2003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
788     through (g):
789          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
790          (A) by a 1/16% tax rate on the transactions described in Subsection (1); and
791          (B) for the fiscal year; or
792          (ii) $17,500,000.
793          (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
794     described in Subsection (4)(a) shall be transferred each year as designated sales and use tax
795     revenue to the Department of Natural Resources to:
796          (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
797     protect sensitive plant and animal species; or
798          (B) award grants, up to the amount authorized by the Legislature in an appropriations
799     act, to political subdivisions of the state to implement the measures described in Subsections
800     79-2-303(3)(a) through (d) to protect sensitive plant and animal species.

801          (ii) Money transferred to the Department of Natural Resources under Subsection
802     (4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
803     person to list or attempt to have listed a species as threatened or endangered under the
804     Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
805          (iii) At the end of each fiscal year:
806          (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
807     Water Resources Conservation and Development Fund created in Section 73-10-24;
808          (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
809     Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
810          (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
811     Drinking Water Loan Program Subaccount created in Section 73-10c-5.
812          (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
813     Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
814     created in Section 4-18-106.
815          (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
816     in Subsection (4)(a) shall be transferred each year as designated sales and use tax revenue to
817     the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for
818     the adjudication of water rights.
819          (ii) At the end of each fiscal year:
820          (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
821     Water Resources Conservation and Development Fund created in Section 73-10-24;
822          (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
823     Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
824          (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
825     Drinking Water Loan Program Subaccount created in Section 73-10c-5.
826          (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
827     in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
828     Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
829          (ii) In addition to the uses allowed of the Water Resources Conservation and
830     Development Fund under Section 73-10-24, the Water Resources Conservation and
831     Development Fund may also be used to:

832          (A) conduct hydrologic and geotechnical investigations by the Division of Water
833     Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
834     quantifying surface and ground water resources and describing the hydrologic systems of an
835     area in sufficient detail so as to enable local and state resource managers to plan for and
836     accommodate growth in water use without jeopardizing the resource;
837          (B) fund state required dam safety improvements; and
838          (C) protect the state's interest in interstate water compact allocations, including the
839     hiring of technical and legal staff.
840          (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
841     in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
842     created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
843          (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
844     in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
845     created in Section 73-10c-5 for use by the Division of Drinking Water to:
846          (i) provide for the installation and repair of collection, treatment, storage, and
847     distribution facilities for any public water system, as defined in Section 19-4-102;
848          (ii) develop underground sources of water, including springs and wells; and
849          (iii) develop surface water sources.
850          (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
851     2006, the difference between the following amounts shall be expended as provided in this
852     Subsection (5), if that difference is greater than $1:
853          (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
854     fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
855          (ii) $17,500,000.
856          (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
857          (A) transferred each fiscal year to the Department of Natural Resources as designated
858     sales and use tax revenue; and
859          (B) expended by the Department of Natural Resources for watershed rehabilitation or
860     restoration.
861          (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
862     tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation

863     and Development Fund created in Section 73-10-24.
864          (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
865     remaining difference described in Subsection (5)(a) shall be:
866          (A) transferred each fiscal year to the Division of Water Resources as designated sales
867     and use tax revenue; and
868          (B) expended by the Division of Water Resources for cloud-seeding projects
869     authorized by Title 73, Chapter 15, Modification of Weather.
870          (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
871     tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation
872     and Development Fund created in Section 73-10-24.
873          (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
874     remaining difference described in Subsection (5)(a) shall be deposited into the Water
875     Resources Conservation and Development Fund created in Section 73-10-24 for use by the
876     Division of Water Resources for:
877          (i) preconstruction costs:
878          (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
879     26, Bear River Development Act; and
880          (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
881     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
882          (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
883     Chapter 26, Bear River Development Act;
884          (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
885     authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
886          (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
887     Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
888          (e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
889     remaining difference described in Subsection (5)(a) shall be deposited each year into the Water
890     Rights Restricted Account created by Section 73-2-1.6.
891          (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a),
892     each fiscal year, the commission shall deposit into the Water Infrastructure Restricted Account
893     created in Section 73-10g-103 the amount of revenue generated by a 1/16% tax rate on the

894     transactions described in Subsection (1) for the fiscal year.
895          (7) (a) Notwithstanding Subsection (3)(a) and subject to Subsection (7)(b), for a fiscal
896     year beginning on or after July 1, 2023, the commission shall deposit into the Transportation
897     Investment Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under
898     Subsection (3)(a) equal to 17% of the revenue collected from the following sales and use taxes:
899          (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
900          (ii) the tax imposed by Subsection (2)(b)(i); and
901          (iii) the tax imposed by Subsection (2)(f)(i)(A)(I).
902          (b) (i) As used in this Subsection (7)(b):
903          (A) "Additional growth revenue" means the amount of relevant revenue collected in
904     the current fiscal year that exceeds by more than 3% the relevant revenue collected in the
905     previous fiscal year.
906          (B) "Combined amount" means the combined total amount of money deposited into the
907     Cottonwood Canyons fund under Subsections (7)(b)(iii) and (8)(d)(iii) in any single fiscal year.
908          (C) "Cottonwood Canyons fund" means the Cottonwood Canyons Transportation
909     Investment Fund created in Subsection 72-2-124(10).
910          (D) "Relevant revenue" means the portion of taxes listed under Subsection (3)(a) that
911     equals 17% of the revenue collected from taxes described in Subsections (7)(a)(i) through (iii).
912          (ii) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
913     reduce the deposit under Subsection (7)(a) into the Transportation Investment Fund of 2005 by
914     an amount equal to the amount of the deposit under this Subsection (7)(b) to the Cottonwood
915     Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
916     limit in Subsection (7)(b)(iii).
917          (iii) The commission shall annually deposit the amount described in Subsection
918     (7)(b)(ii) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
919     for any single fiscal year of $20,000,000.
920          (iv) If the amount of relevant revenue declines in a fiscal year compared to the previous
921     fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
922     Canyons fund under this Subsection (7)(b) in the same proportion as the decline in relevant
923     revenue.
924          (c) (i) Subject to Subsection (7)(c)(ii), for a fiscal year beginning on or after July 1,

925     2023, the commission shall annually reduce the deposit into the Transportation Investment
926     Fund of 2005 under Subsections (7)(a) and (7)(b) by an amount that is equal to 5% of:
927          (A) the amount of revenue generated in the current fiscal year by the portion of taxes
928     listed under Subsection (3)(a) that equals 20.68% of the revenue collected from taxes described
929     in Subsections (7)(a)(i) through (iv);
930          (B) the amount of revenue generated in the current fiscal year by registration fees
931     designated under Section 41-1a-1201 to be deposited into the Transportation Investment Fund
932     of 2005; and
933          (C) [revenues] revenue transferred by the Division of Finance to the Transportation
934     Investment Fund of 2005 in accordance with Section 72-2-106 in the current fiscal year.
935          (ii) The amount described in Subsection (7)(c)(i) may not exceed $45,000,000 in a
936     given fiscal year.
937          (iii) The commission shall annually deposit the amount described in Subsection
938     (7)(c)(i) into the Active Transportation Investment Fund created in Subsection 72-2-124(11).
939          (8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
940     Subsection (7), and subject to Subsections (8)(b) and (d)(ii), for a fiscal year beginning on or
941     after July 1, 2018, the commission shall annually deposit into the Transportation Investment
942     Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under Subsection (3)(a)
943     in an amount equal to 3.68% of the [revenues] revenue collected from the following taxes:
944          (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
945          (ii) the tax imposed by Subsection (2)(b)(i); and
946          (iii) the tax imposed by Subsection (2)(f)(i)(A)(I).
947          (b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
948     reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(a) by
949     an amount that is equal to 35% of the amount of revenue generated in the current fiscal year by
950     the portion of the tax imposed on motor and special fuel that is sold, used, or received for sale
951     or use in this state that exceeds 29.4 cents per gallon.
952          (c) The commission shall annually deposit the amount described in Subsection (8)(b)
953     into the Transit Transportation Investment Fund created in Section 72-2-124.
954          (d) (i) As used in this Subsection (8)(d):
955          (A) "Additional growth revenue" means the amount of relevant revenue collected in

956     the current fiscal year that exceeds by more than 3% the relevant revenue collected in the
957     previous fiscal year.
958          (B) "Combined amount" means the combined total amount of money deposited into the
959     Cottonwood Canyons fund under Subsections (7)(b)(iii) and (8)(d)(iii) in any single fiscal year.
960          (C) "Cottonwood Canyons fund" means the Cottonwood Canyons Transportation
961     Investment Fund created in Subsection 72-2-124(10).
962          (D) "Relevant revenue" means the portion of taxes listed under Subsection (3)(a) that
963     equals 3.68% of the revenue collected from taxes described in Subsections (8)(a)(i) through
964     (iii).
965          (ii) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
966     reduce the deposit under Subsection (8)(a) into the Transportation Investment Fund of 2005 by
967     an amount equal to the amount of the deposit under this Subsection (8)(d) to the Cottonwood
968     Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
969     limit in Subsection (8)(d)(iii).
970          (iii) The commission shall annually deposit the amount described in Subsection
971     (8)(d)(ii) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
972     for any single fiscal year of $20,000,000.
973          (iv) If the amount of relevant revenue declines in a fiscal year compared to the previous
974     fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
975     Canyons fund under this Subsection (8)(d) in the same proportion as the decline in relevant
976     revenue.
977          (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
978     2009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
979     created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
980          (10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
981     fiscal year during which the commission receives notice under Section 63N-2-510 that
982     construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the commission
983     shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue generated by
984     the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund, created in
985     Section 63N-2-512.
986          (11) (a) The rate specified in this subsection is 0.15%.

987          (b) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year
988     beginning on or after July 1, 2019, annually transfer the amount of revenue collected from the
989     rate described in Subsection (11)(a) on the transactions that are subject to the sales and use tax
990     under Subsection (2)(a)(i)(A) into the Medicaid Expansion Fund created in Section 26B-1-315.
991          (12) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
992     2020-21, the commission shall deposit $200,000 into the General Fund as a dedicated credit
993     solely for use of the Search and Rescue Financial Assistance Program created in, and expended
994     in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
995          (13) (a) For each fiscal year beginning with fiscal year 2020-21, the commission shall
996     annually transfer $1,813,400 of the revenue deposited into the Transportation Investment Fund
997     of 2005 under Subsections (7) and (8) to the General Fund.
998          (b) If the total revenue deposited into the Transportation Investment Fund of 2005
999     under Subsections (7) and (8) is less than $1,813,400 for a fiscal year, the commission shall
1000     transfer the total revenue deposited into the Transportation Investment Fund of 2005 under
1001     Subsections (7) and (8) during the fiscal year to the General Fund.
1002          (14) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
1003     beginning the first day of the calendar quarter one year after the sales and use tax boundary for
1004     a housing and transit reinvestment zone is established, the commission, at least annually, shall
1005     transfer an amount equal to 15% of the sales and use tax increment within an established sales
1006     and use tax boundary, as defined in Section 63N-3-602, into the Transit Transportation
1007     Investment Fund created in Section 72-2-124.
1008          (15) Notwithstanding Subsection (3)(a), the commission shall, for a fiscal year
1009     beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
1010     Restricted Account, created in Section 51-9-902, a portion of the taxes listed under Subsection
1011     (3)(a) equal to 1% of the [revenues] revenue collected from the following sales and use taxes:
1012          (a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
1013          (b) the tax imposed by Subsection (2)(b)(i); and
1014          (c) the tax imposed by Subsection (2)(f)(i)(A)(I).
1015          (16) (a) Notwithstanding Subsection (3)(a), for each fiscal year beginning on or after
1016     July 1, 2024, the commission shall calculate the amount that is equal to 10% of the amount of
1017     state sales and use tax revenue that is:

1018          (i) imposed under Subsections (2)(a)(i)(A) and (2)(f)(i)(A)(I);
1019          (ii) remitted in the previous fiscal year; and
1020          (iii) remitted by an establishment that reports a NAICS Code 45911, Sporting Goods
1021     Retailers, of the 2022 North American Industrial Classification System of the federal Executive
1022     Office of the President, Office of Management and Budget, on the establishment's sales tax
1023     account or sales tax outlet.
1024          (b) The commission shall report the amount calculated in accordance with Subsection
1025     (16)(a) to the Division of Finance and the Office of the Legislative Fiscal Analyst.
1026          (c) The Division of Finance shall deposit the amount calculated in accordance with
1027     Subsection (16)(a) into the Outdoor Recreation Impacts Fund created in Section 79-7-207.
1028          Section 3. Section 79-7-207 is enacted to read:
1029          79-7-207. Outdoor Recreation Impacts Fund.
1030          (1) There is created an expendable special revenue fund known as the "Outdoor
1031     Recreation Impacts Fund."
1032          (2) The fund consists of:
1033          (a) revenue deposited in accordance with Section 59-12-103;
1034          (b) gifts, grants, donations, or any other conveyance of money made by private sources
1035     or appropriations; and
1036          (c) interest earned on the fund.
1037          (3) (a) The fund shall earn interest.
1038          (b) Interest earned on the money in the fund shall be deposited into the fund.
1039          (4) The division shall distribute revenue from the fund as follows:
1040          (a) Beaver County, 2.78%;
1041          (b) Carbon County, 2.86%;
1042          (c) Daggett County, 2.78%;
1043          (d) Duschesne County, 3.08%;
1044          (e) Emery County, 6.44%;
1045          (f) Garfield County, 12.16%;
1046          (g) Grand County, 9.69%;
1047          (h) Juab County, 3.04%;
1048          (i) Kane County, 17.62%;

1049          (j) Millard County, 2.80%;
1050          (k) Morgan County, 3.19%;
1051          (l) Piute County, 2.87%;
1052          (m) Rich County, 3.83%;
1053          (n) San Juan County, 4.65%;
1054          (o) Sanpete County, 3.19%;
1055          (p) Sevier County, 5.38%;
1056          (q) Wasatch County, 6.80%; and
1057          (r) Wayne County, 6.87%.
1058          (5) The county may use a distribution:
1059          (a) for avalanche forecasting; or
1060          (b) to mitigate the impacts of outdoor recreation, including:
1061          (i) solid waste disposal;
1062          (ii) search and rescue activities;
1063          (iii) law enforcement activities;
1064          (iv) emergency medical services; or
1065          (v) fire protection services.
1066          Section 4. Effective date.
1067          (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
1068          (2) The actions affecting Section 59-12-103 (Contingently Effective 01/01/25)
1069     contingently take effect on January 1, 2025.