| (1) |
Subject to the other provisions of this part and subject to the requirements of this section, the following counties may impose a sales and use tax under this section:
Terms Used In Utah Code 59-12-2220- 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- Highway: includes :Utah Code 68-3-12.5
- 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 provider: means a public transit district or an eligible political subdivision. See Utah Code 59-12-2202
- Public transit service: means a service provided as part of public transit. See Utah Code 59-12-2202
- System for public transit: includes :
| (i) | the following costs related to public transit:| (A) | maintenance costs; or |
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| (iii) | a park and ride facility; |
| (iv) | a passenger station or passenger terminal; |
| (v) | a right-of-way for public transit; or |
| (vi) | the following that serve a public transit facility:| (A) | a maintenance facility; |
| (G) | a facility or item similar to those described in Subsections (25)(b)(vi)(A) through (F). See Utah Code 59-12-2202- 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
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| (a) |
a county legislative body may impose the sales and use tax on the transactions described in Subsection 59-12-103(1) located within the county, including the cities and towns within the county if:
| (i) |
the entire boundary of a county is annexed into a large public transit district; and |
| (ii) |
the maximum amount of sales and use tax authorizations allowed pursuant to Section 59-12-2203 and authorized under the following sections has been imposed:
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| (b) |
if the county is not annexed into a large public transit district, the county legislative body may impose the sales and use tax on the transactions described in Subsection 59-12-103(1) located within the county, including the cities and towns within the county if:
| (i) |
the county is an eligible political subdivision; or |
| (ii) |
a city or town within the boundary of the county is an eligible political subdivision; or |
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| (c) |
a county legislative body of a county not described in Subsection (1)(a) may impose the sales and use tax on the transactions described in Subsection 59-12-103(1) located within the county, including the cities and towns within the county. |
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| (2) |
For purposes of Subsection (1) and subject to the other provisions of this section, a county legislative body that imposes a sales and use tax under this section may impose the tax at a rate of .2%. |
| (3) |
| (a) |
The commission shall distribute sales and use tax revenue collected under this section as determined by a county legislative body as described in Subsection (3)(b). |
| (b) |
If a county legislative body imposes a sales and use tax as described in this section, the county legislative body may elect to impose a sales and use tax revenue distribution as described in Subsection (4), (5), (6), or (7), depending on the class of county, and presence and type of a public transit provider in the county. |
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| (4) |
If a county legislative body imposes a sales and use tax as described in this section, and the entire boundary of the county is annexed into a large public transit district, and the county is a county of the first class, the commission shall distribute the sales and use tax revenue as follows:
| (a) |
.10% to a public transit district as described in Subsection (11); |
| (b) |
.05% to the cities and towns as provided in Subsection (8); and |
| (c) |
.05% to the county legislative body. |
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| (5) |
If a county legislative body imposes a sales and use tax as described in this section and the entire boundary of the county is annexed into a large public transit district, and the county is a county not described in Subsection (4), the commission shall distribute the sales and use tax revenue as follows:
| (a) |
.10% to a public transit district as described in Subsection (11); |
| (b) |
.05% to the cities and towns as provided in Subsection (8); and |
| (c) |
.05% to the county legislative body. |
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| (6) |
| (a) |
Except as provided in Subsection (12)(d), if the entire boundary of a county that imposes a sales and use tax as described in this section is not annexed into a single public transit district, but a city or town within the county is annexed into a single public transit district, or if the city or town is an eligible political subdivision, the commission shall distribute the sales and use tax revenue collected within the county as provided in Subsection (6)(b) or (c). |
| (b) |
For a city, town, or portion of the county described in Subsection (6)(a) that is annexed into the single public transit district, or an eligible political subdivision, the commission shall distribute the sales and use tax revenue collected within the portion of the county that is within a public transit district or eligible political subdivision as follows:
| (i) |
.05% to a public transit provider as described in Subsection (11); |
| (ii) |
.075% to the cities and towns as provided in Subsection (8); and |
| (iii) |
.075% to the county legislative body. |
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| (c) |
Except as provided in Subsection (12)(d), for a city, town, or portion of the county described in Subsection (6)(a) that is not annexed into a single public transit district or eligible political subdivision in the county, the commission shall distribute the sales and use tax revenue collected within that portion of the county as follows:
| (i) |
.08% to the cities and towns as provided in Subsection (8); and |
| (ii) |
.12% to the county legislative body. |
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| (7) |
For a county without a public transit service that imposes a sales and use tax as described in this section, the commission shall distribute the sales and use tax revenue collected within the county as follows:
| (a) |
.08% to the cities and towns as provided in Subsection (8); and |
| (b) |
.12% to the county legislative body. |
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| (8) |
| (a) |
Subject to Subsections (8)(b) and (c), the commission shall make the distributions required by Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows:
| (i) |
50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4) through (7) shall be distributed to the unincorporated areas, cities, and towns within those counties 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 that impose a tax under this section; and |
| (ii) |
50% of the total revenue collected under Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) within the counties that impose a tax under Subsections (4) through (7) shall be distributed to the unincorporated areas, cities, and towns within those counties on the basis of the location of the transaction as determined under Sections 59-12-211 through 59-12-215. |
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| (b) |
| (i) |
Population for purposes of this Subsection (8) shall be determined on the basis of the most recent official census or census estimate of the United States Census Bureau. |
| (ii) |
If a needed population estimate is not available from the United States Census Bureau, population figures shall be derived from an estimate from the Utah Population Estimates Committee created by executive order of the governor. |
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| (c) |
| (i) |
Beginning on January 1, 2024, if the Housing and Community Development Division within the Department of Workforce Services determines that a city, town, or metro township is ineligible for funds in accordance with Subsection 10-9a-408(7), beginning the first day of the calendar quarter after receiving 90 days’ notice, the commission shall distribute the distribution that city, town, or metro township would have received under Subsection (8)(a) to cities, towns, or metro townships to which Subsection 10-9a-408(7) does not apply. |
| (ii) |
Beginning on January 1, 2024, if the Housing and Community Development Division within the Department of Workforce Services determines that a county is ineligible for funds in accordance with Subsection 17-27a-408(7), beginning the first day of the calendar quarter after receiving 90 days’ notice, the commission shall distribute the distribution that county would have received under Subsection (8)(a) to counties to which Subsection 17-27a-408(7) does not apply. |
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| (9) |
If a public transit service 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 provider that the public transit service has been organized. |
| (10) |
A county, city, or town that received distributions described in Subsections (4)(b), (4)(c), (5)(b), (5)(c), (6)(b)(ii), (6)(b)(iii), (6)(c), and (7) may only expend those funds for a purpose described in Section 59-12-2212.2. |
| (11) |
| (a) |
Subject to Subsections (11)(b), (c), and (d), revenue designated for public transit as described in this section may be used for capital expenses and service delivery expenses of:
| (i) |
a public transit district; |
| (ii) |
an eligible political subdivision; or |
| (iii) |
another entity providing a service for public transit or a transit facility within the relevant county, as those terms are defined in Section 17B-2a-802. |
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| (b) |
| (i) |
If a county of the first class imposes a sales and use tax described in this section, for a three-year period following the date on which the county imposes the sales and use tax under this section, revenue designated for public transit within a county of the first class as described in Subsection (4)(a) shall be transferred to the County of the First Class Highway Projects Fund created in Section 72-2-121. |
| (ii) |
If a county of the first class imposes a sales and use tax described in this section, beginning on the day three years after the date on which the county imposed the tax as described in Subsection (11)(b)(i), for revenue designated for public transit as described in Subsection (4)(a):
| (A) |
50% of the revenue from a sales and use tax imposed under this section in a county of the first class shall be transferred to the County of the First Class Highway Projects Fund created in Section 72-2-121; and |
| (B) |
50% of the revenue from a sales and use tax imposed under this section in a county of the first class shall be transferred to the Transit Transportation Investment Fund created in Subsection 72-2-124(9). |
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| (c) |
| (i) |
If a county that is not a county of the first class for which the entire boundary of the county is annexed into a large public transit district imposes a sales and use tax described in this section, for a three-year period following the date on which the county imposes the sales and use tax under this section, revenue designated for public transit as described in Subsection (5)(a) shall be transferred to the relevant county legislative body to be used for a purpose described in Subsection (11)(a). |
| (ii) |
If a county that is not a county of the first class for which the entire boundary of the county is annexed into a large public transit district imposes a sales and use tax described in this section, beginning on the day three years after the date on which the county imposed the tax as described in Subsection (11)(c)(i), for the revenue that is designated for public transit in Subsection (5)(a):
| (A) |
50% shall be transferred to the Transit Transportation Investment Fund created in Subsection 72-2-124(9); and |
| (B) |
50% shall be transferred to the relevant county legislative body to be used for a purpose described in Subsection (11)(a). |
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| (d) |
Except as provided in Subsection (12)(d), for a county that imposes a sales and use tax under this section, for revenue designated for public transit as described in Subsection (6)(b)(i), the revenue shall be transferred to the relevant county legislative body to be used for a purpose described in Subsection (11)(a). |
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| (12) |
| (a) |
Notwithstanding Section 59-12-2208, a county legislative body may, but is not required to, submit an opinion question to the county’s registered voters in accordance with Section 59-12-2208 to impose a sales and use tax under this section. |
| (b) |
If a county passes an ordinance to impose a sales and use tax as described in this section, the sales and use tax shall take effect on the first day of the calendar quarter after a 90-day period that begins on the date the commission receives written notice from the county of the passage of the ordinance. |
| (c) |
A county that imposed the local option sales and use tax described in this section before January 1, 2023, may maintain that county’s distribution allocation in place as of January 1, 2023. |
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| (13) |
| (a) |
Revenue collected from a sales and use tax under this section may not be used to supplant existing General Fund appropriations that a county, city, or town budgeted for transportation or public transit as of the date the tax becomes effective for a county, city, or town. |
| (b) |
The limitation under Subsection (13)(a) does not apply to a designated transportation or public transit capital or reserve account a county, city, or town established before the date the tax becomes effective. |
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Amended by Chapter 529, 2023 General Session
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