Utah Code 59-12-2219. County option sales and use tax for highways and public transit — Base — Rate — Distribution and expenditure of revenue — Revenue may not supplant existing budgeted transportation revenue

59-12-2219. County option sales and use tax for highways and public transit — Base — Rate — Distribution and expenditure of revenue — Revenue may not supplant existing budgeted transportation revenue.

(1)	Subject to the other provisions of this part, and subject to Subsection (13), a county legislative body may impose a sales and use tax of .25% on the transactions described in Subsection 59-12-103(1) within the county, including the cities and towns within the county.

Terms Used In Utah Code 59-12-2219

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
County legislative body: means :Utah Code 68-3-12.5
Eligible political subdivision: means a political subdivision that:

(a)	provides public transit services;

(b)	is not a public transit district; and

(c)

is not annexed into a public transit district. See Utah Code 59-12-2202

Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 59-12-2202

Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 59-12-2202

Public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 59-12-2202

Public transit service: means a service provided as part of public transit. See Utah Code 59-12-2202

Regionally significant transportation facility: means :

(a)

in a county of the first or second class:

(i)	a principal arterial highway;

(ii)	a minor arterial highway;

(iii)

a fixed guideway that:

(A)	extends across two or more cities or unincorporated areas; or

(B)	is an extension to an existing fixed guideway; or

(iv)	an airport of regional significance; or

(b)

in a county of the second class that is not part of a large public transit district, or in a county of the third, fourth, fifth, or sixth class:

(i)	a principal arterial highway;

(ii)	a minor arterial highway;

(iii)

a major collector highway;

(iv)	a minor collector road; or

(v)

an airport of regional significance. See Utah Code 59-12-2202

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

State: means the state of Utah, its departments, and agencies. See Utah Code 59-12-102

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Use: means the exercise of any right or power over tangible personal property, a product transferred electronically, or a service under Subsection 59-12-103(1), incident to the ownership or the leasing of that tangible personal property, product transferred electronically, or service. See Utah Code 59-12-102

(2)

Subject to Subsection (9), the commission shall distribute sales and use tax revenue collected under this section as provided in Subsections (3) through (8).

(3)

If the entire boundary of a county that imposes a sales and use tax under this section is annexed into a single public transit district, the commission shall distribute the sales and use tax revenue collected within the county as follows:

(a)	.10% shall be transferred to the public transit district in accordance with Section 59-12-2206;

(b)	.10% shall be distributed as provided in Subsection (6); and

(c)	.05% shall be distributed to the county legislative body.

(4)

If the entire boundary of a county that imposes a sales and use tax under this section is not annexed into a single public transit district, but a city or town within the county is annexed into a single large public transit district, the commission shall distribute the sales and use tax revenue collected within the county as follows:

(a)

for a city or town within the county that is annexed into a single public transit district, the commission shall distribute the sales and use tax revenue collected within that city or town as follows:

(i)	.10% shall be transferred to the public transit district in accordance with Section 59-12-2206;

(ii)	.10% shall be distributed as provided in Subsection (6); and

(iii)

.05% shall be distributed to the county legislative body;

(b)

for an eligible political subdivision within the county, the commission shall distribute the sales and use tax revenue collected within that eligible political subdivision as follows:

(i)	.10% shall be transferred to the eligible political subdivision in accordance with Section 59-12-2206;

(ii)	.10% shall be distributed as provided in Subsection (6); and

(iii)

.05% shall be distributed to the county legislative body; and

(c)

the commission shall distribute the sales and use tax revenue, except for the sales and use tax revenue described in Subsections (4)(a) and (b), as follows:

(i)	.10% shall be distributed as provided in Subsection (6); and

(ii)	.15% shall be distributed to the county legislative body.

(5)

For a county not described in Subsection (3) or (4), if a county of the second, third, fourth, fifth, or sixth class imposes a sales and use tax under this section, the commission shall distribute the sales and use tax revenue collected within the county as follows:

(a)

(i)	.10% shall be distributed as provided in Subsection (6);

(ii)	.10% shall be distributed as provided in Subsection (7); and

(iii)

.05% shall be distributed to the county legislative body;

(b)

for an eligible political subdivision within the county, the commission shall distribute the sales and use tax revenue collected within that eligible political subdivision as follows:

(i)	.10% shall be distributed as provided in Subsection (6);

(ii)	.10% shall be distributed as provided in Subsection (7); and

(iii)

.05% shall be distributed to the county legislative body; and

(c)

the commission shall distribute the sales and use tax revenue, except for the sales and use tax revenue described in Subsections (5)(a) and (b), as follows:

(i)	.10% shall be distributed as provided in Subsection (6); and

(ii)	.15% shall be distributed to the county legislative body.

(6)

(a)

Subject to Subsection (6)(b), the commission shall make the distributions required by Subsections (3)(b), (4)(a)(ii), (4)(b)(ii), (4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) as follows:

(i)

50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii), (4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and cities that impose a tax under this section shall be distributed to the unincorporated areas, cities, and towns within those counties and cities on the basis of the percentage that the population of each unincorporated area, city, or town bears to the total population of all of the counties and cities that impose a tax under this section; and

(ii)

50% of the total revenue collected under Subsections (3)(b), (4)(a)(ii), (4)(b)(ii), (4)(c)(i), (5)(a)(i), (5)(b)(i), (5)(c)(i), and (7)(d)(ii)(A) within the counties and cities that impose a tax under this section shall be distributed to the unincorporated areas, cities, and towns within those counties and cities on the basis of the location of the transaction as determined under Sections 59-12-211 through 59-12-215.

(b)

(i)	Population for purposes of this Subsection (6) shall be determined on the basis of the most recent official census or census estimate of the United States Bureau of the Census.

(ii)	If a needed population estimate is not available from the United States Bureau of the Census, population figures shall be derived from an estimate from the Utah Population Committee.

(7)

(a)

(i)

Subject to the requirements in Subsections (7)(b) and (c), a county legislative body:

(A)

for a county that obtained approval from a majority of the county’s registered voters voting on the imposition of a sales and use tax under this section prior to May 10, 2016, may, in consultation with any cities, towns, or eligible political subdivisions within the county, and in compliance with the requirements for changing an allocation under Subsection (7)(e), allocate the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) by adopting a resolution specifying the percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be allocated to a public transit district or an eligible political subdivision; or

(B)

for a county that imposes a sales and use tax under this section on or after May 10, 2016, shall, in consultation with any cities, towns, or eligible political subdivisions within the county, allocate the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) by adopting a resolution specifying the percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be allocated to a public transit district or an eligible political subdivision.

(ii)

If a county described in Subsection (7)(a)(i)(A) does not allocate the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) in accordance with Subsection (7)(a)(i)(A), the commission shall distribute 100% of the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) to:

(A)	a public transit district for a city or town within the county that is annexed into a single public transit district; or

(B)	an eligible political subdivision within the county.

(b)

If a county legislative body allocates the revenue as described in Subsection (7)(a)(i), the county legislative body shall allocate not less than 25% of the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) to:

(i)	a public transit district for a city or town within the county that is annexed into a single public transit district; or

(ii)	an eligible political subdivision within the county.

(c)	Notwithstanding Section 59-12-2208, the opinion question described in Section 59-12-2208 shall state the allocations the county legislative body makes in accordance with this Subsection (7).

(d)

The commission shall make the distributions required by Subsection (5)(a)(ii) or (5)(b)(ii) as follows:

(i)	the percentage specified by a county legislative body shall be distributed in accordance with a resolution adopted by a county legislative body under Subsection (7)(a) to an eligible political subdivision or a public transit district within the county; and

(ii)

except as provided in Subsection (7)(a)(ii), if a county legislative body allocates less than 100% of the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) to a public transit district or an eligible political subdivision, the remainder of the revenue under Subsection (5)(a)(ii) or (5)(b)(ii) not allocated by a county legislative body through a resolution under Subsection (7)(a) shall be distributed as follows:

(A)	50% of the revenue as provided in Subsection (6); and

(B)	50% of the revenue to the county legislative body.

(e)

If a county legislative body seeks to change an allocation specified in a resolution under Subsection (7)(a), the county legislative body may change the allocation by:

(i)	adopting a resolution in accordance with Subsection (7)(a) specifying the percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be allocated to a public transit district or an eligible political subdivision;

(ii)	obtaining approval to change the allocation of the sales and use tax by a majority of all the members of the county legislative body; and

(iii)

subject to Subsection (7)(f):

(A)	in accordance with Section 59-12-2208, submitting an opinion question to the county’s registered voters voting on changing the allocation so that each registered voter has the opportunity to express the registered voter’s opinion on whether the allocation should be changed; and

(B)	in accordance with Section 59-12-2208, obtaining approval to change the allocation from a majority of the county’s registered voters voting on changing the allocation.

(f)	Notwithstanding Section 59-12-2208, the opinion question required by Subsection (7)(e)(iii)(A) shall state the allocations specified in the resolution adopted in accordance with Subsection (7)(e) and approved by the county legislative body in accordance with Subsection (7)(e)(ii).

(g)

(i)

If a county makes an allocation by adopting a resolution under Subsection (7)(a) or changes an allocation by adopting a resolution under Subsection (7)(e), the allocation shall take effect on the first distribution the commission makes under this section after a 90-day period that begins on the date the commission receives written notice meeting the requirements of Subsection (7)(g)(ii) from the county.

(ii)

The notice described in Subsection (7)(g)(i) shall state:

(A)	that the county will make or change the percentage of an allocation under Subsection (7)(a) or (e); and

(B)	the percentage of revenue under Subsection (5)(a)(ii) or (5)(b)(ii) that will be allocated to a public transit district or an eligible political subdivision.

(8)

(a)

If a public transit district is organized after the date a county legislative body first imposes a tax under this section, a change in a distribution required by this section may not take effect until the first distribution the commission makes under this section after a 90-day period that begins on the date the commission receives written notice from the public transit district of the organization of the public transit district.

(b)

If an eligible political subdivision intends to provide public transit service within a county after the date a county legislative body first imposes a tax under this section, a change in a distribution required by this section may not take effect until the first distribution the commission makes under this section after a 90-day period that begins on the date the commission receives written notice from the eligible political subdivision stating that the eligible political subdivision intends to provide public transit service within the county.

(9)

(a)

(i)

Notwithstanding Subsections (3) through (8), for a county that has not imposed a sales and use tax under this section before May 8, 2018, and if the county imposes a sales and use tax under this section before June 30, 2019, the commission shall distribute all of the sales and use tax revenue collected by the county before June 30, 2019, to the county for the purposes described in Subsection (9)(a)(ii).

(ii)

For any revenue collected by a county pursuant to Subsection (9)(a)(i) before June 30, 2019, the county may expend that revenue for:

(A)	reducing transportation related debt;

(B)	a regionally significant transportation facility; or

(C)	a public transit project of regional significance.

(b)

For a county that has not imposed a sales and use tax under this section before May 8, 2018, and if the county imposes a sales and use tax under this section before June 30, 2019, the commission shall distribute the sales and use tax revenue collected by the county on or after July 1, 2019, as described in Subsections (3) through (8).

(c)

For a county that has not imposed a sales and use tax under this section before June 30, 2019, if the entire boundary of that county is annexed into a large public transit district, and if the county imposes a sales and use tax under this section on or after July 1, 2019, the commission shall distribute the sales and use tax revenue collected by the county as described in Subsections (3) through (8).

(10)	A county, city, or town may expend revenue collected from a tax under this section, except for revenue the commission distributes in accordance with Subsection (3)(a), (4)(a)(i), (4)(b)(i), or (7)(d)(i), for a purpose described in Section 59-12-2212.2.

(11)	A public transit district or an eligible political subdivision may expend revenue the commission distributes in accordance with Subsection (3)(a), (4)(a)(i), (4)(b)(i), or (7)(d)(i) for capital expenses and service delivery expenses of the public transit district or eligible political subdivision.

(12)	Notwithstanding Section 59-12-2208, a county, city, or town legislative body may, but is not required to, submit an opinion question to the county’s, city’s, or town’s registered voters in accordance with Section 59-12-2208 to impose a sales and use tax under this section.

(13)

(a)

(i)

Notwithstanding any other provision in this section, if the entire boundary of a county is annexed into a large public transit district, if the county legislative body wishes to impose a sales and use tax under this section, the county legislative body shall pass the ordinance to impose a sales and use tax under this section on or before June 30, 2022.

(ii)	If the entire boundary of a county is annexed into a large public transit district, the county legislative body may not pass an ordinance to impose a sales and use tax under this section on or after July 1, 2022.

(b)	Notwithstanding the deadline described in Subsection (13)(a), any sales and use tax imposed under this section by passage of a county ordinance on or before June 30, 2022, may remain in effect.

(14)

(a)

Beginning on July 1, 2020, and subject to Subsection (15), if a county has not imposed a sales and use tax under this section, subject to the provisions of this part, the legislative body of a city or town described in Subsection (14)(b) may impose a .25% sales and use tax on the transactions described in Subsection 59-12-103(1) within the city or town.

(b)

The following cities or towns may impose a sales and use tax described in Subsection (14)(a):

(i)	a city or town that has been annexed into a public transit district; or

(ii)	an eligible political subdivision.

(c)

If a city or town imposes a sales and use tax as provided in this section, the commission shall distribute the sales and use tax revenue collected by the city or town as follows:

(i)	.125% to the city or town that imposed the sales and use tax, to be distributed as provided in Subsection (6); and

(ii)

.125%, as applicable, to:

(A)	the public transit district in which the city or town is annexed; or

(B)	the eligible political subdivision for public transit services.

(d)	If a city or town imposes a sales and use tax under this section and the county subsequently imposes a sales and use tax under this section, the commission shall distribute the sales and use tax revenue collected within the city or town as described in Subsection (14)(c).

(15)

(a)

(i)	Notwithstanding any other provision in this section, if a city or town legislative body wishes to impose a sales and use tax under this section, the city or town legislative body shall pass the ordinance to impose a sales and use tax under this section on or before June 30, 2022.

(ii)	A city or town legislative body may not pass an ordinance to impose a sales and use tax under this section on or after July 1, 2022.

(b)	Notwithstanding the deadline described in Subsection (15)(a), any sales and use tax imposed under this section by passage of an ordinance by a city or town legislative body on or before June 30, 2022, may remain in effect.

Amended by Chapter 529, 2023 General Session

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