Utah 2026 General Session Status: Enacted 2 R cosponsors

SB 39 — Investment Zones Amendments

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 22, 2025. Enacted.

Signed by Governor Spencer Cox (Republican) on March 17, 2026.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

8625 added · 8646 removed

Plain-language change summary

The updated version of SB 39 introduces a few changes to provisions related to investment zones governed by the Governor's Office of Economic Opportunity. The key alterations include the clarification of terms and the amendment of specific types of zones, like convention center reinvestment zones and housing and transit reinvestment zones. It also repeals an outdated section of law, ensuring the legislation remains relevant and streamlined. These changes are important as they help improve local economic development efforts and make the laws easier to navigate.

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Latest
02-05 15:36 S.B.
Enrolled Copy S.B.
Whyte 3 LONG TITLE Committee Note:
Whyte 3 LONG TITLE General Description:
The Government Operations Interim Committee recommended this bill.
Legislative Vote:10 voting for 1 voting against 6 absent General Description:
▸ Ŝ→ [amends provisions of a home ownership promotion zone in a municipality or county 23a to S .
include a certain area within a boundary of a school;] ←Ŝ B .
and 9 ▸ makes technical and conforming changes.
and ▸ makes technical and conforming changes.
S.B.
This bill provides a special effective date.
39 02-05 15:36 This bill provides a special effective date.
10-20-404 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15 10-21-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15 10-21-201 (Effective 05/06/26), as enacted by Laws of Utah 2025, First Special Session, Chapter 15 11-13-103 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 187 11-13-206 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 424 11-13-207 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 424 17-79-403 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-80-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-80-201 (Effective 05/06/26), as enacted by Laws of Utah 2025, First Special Session, Chapter 14 17B-2a-802 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 17D-4-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 29, 347 17D-4-202.1 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 29 17D-4-203 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 498 20A-7-601 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 32B-1-202 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 162 53H-9-206 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 8 59-1-306 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 258 59-2-924 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 59-12-103 (Effective 05/06/26) (Superseded 07/01/26), as last amended by Laws of Utah 2025, Chapter 490 59-12-103 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 285 - 2 - 02-05 15:36 S.B.
S.B.
39 59-12-205 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 490, 495 59-12-402.1 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 29 59-12-402.5 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 436 59-12-1102 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 17 59-12-2206 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 400 59-12-2220 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-1-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 373 72-1-304 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-2-124 (Effective 05/06/26) (Superseded 07/01/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-2-124 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-2-201 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 16 72-2-301 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 501 72-5-117 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-6-112.5 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 22 ENACTS:
39 Enrolled Copy 10-20-404 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15 10-21-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15 10-21-201 (Effective 05/06/26), as enacted by Laws of Utah 2025, First Special Session, Chapter 15 11-13-103 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 187 11-13-206 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 424 11-13-207 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 424 17-79-403 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-80-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14 17-80-201 (Effective 05/06/26), as enacted by Laws of Utah 2025, First Special Session, Chapter 14 17B-2a-802 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 17D-4-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 29, 347 17D-4-202.1 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 29 17D-4-203 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 498 20A-7-601 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 32B-1-202 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 162 53H-9-206 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 8 59-1-306 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 258 59-2-924 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 59-12-103 (Effective 05/06/26) (Superseded 07/01/26), as last amended by Laws of Utah 2025, Chapter 490 59-12-103 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 285 59-12-205 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 490, 495 59-12-402.1 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 29 - 2 - Enrolled Copy S.B.
63N-23-303 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-304 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-305 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-307 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-401 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-402 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-403 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-404 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-405 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-406 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-407 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-501 (Effective 05/06/26), Utah Code Annotated 1953 - 3 - S.B.
39 59-12-402.5 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 436 59-12-1102 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 17 59-12-2206 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 400 59-12-2220 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-1-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 373 72-1-304 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-2-124 (Effective 05/06/26) (Superseded 07/01/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-2-124 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-2-201 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 16 72-2-301 (Effective 05/06/26), as enacted by Laws of Utah 2024, Chapter 501 72-5-117 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special Session, Chapter 15 72-6-112.5 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 22 ENACTS:
39 02-05 15:36 63N-23-601 (Effective 05/06/26), Utah Code Annotated 1953 RENUMBERS AND AMENDS:
63N-23-303 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-304 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-305 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-307 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-401 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-402 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-403 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-404 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-405 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-406 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-407 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-501 (Effective 05/06/26), Utah Code Annotated 1953 63N-23-601 (Effective 05/06/26), Utah Code Annotated 1953 RENUMBERS AND AMENDS:
63N-23-101 (Effective 05/06/26), (Renumbered from 63N-3-602, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-102 (Effective 05/06/26), (Renumbered from 63N-3-605, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-103 (Effective 05/06/26), (Renumbered from 63N-3-606, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-104 (Effective 05/06/26), (Renumbered from 10-21-203, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-201 (Effective 05/06/26), (Renumbered from 63N-3-603, as last amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-202 (Effective 05/06/26), (Renumbered from 63N-3-604, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-203 (Effective 05/06/26), (Renumbered from 63N-3-607, as last amended by Laws of Utah 2025, Chapter 404) 63N-23-204 (Effective 05/06/26), (Renumbered from 63N-3-608, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-205 (Effective 05/06/26), (Renumbered from 63N-3-609, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-206 (Effective 05/06/26), (Renumbered from 63N-3-610, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-207 (Effective 05/06/26), (Renumbered from 63N-3-611, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-301 (Effective 05/06/26), (Renumbered from 63N-3-603.1, as enacted by Laws of Utah 2025, Chapter 29) 63N-23-302 (Effective 05/06/26), (Renumbered from 63N-3-604.1, as enacted by Laws of Utah 2025, Chapter 29) 63N-23-306 (Effective 05/06/26), (Renumbered from 63N-3-610.1, as enacted by Laws of Utah 2025, Chapter 29) 63N-23-502 (Effective 05/06/26), (Renumbered from 10-21-501, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-503 (Effective 05/06/26), (Renumbered from 10-21-502, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) - 4 - 02-05 15:36 S.B.
63N-23-101 (Effective 05/06/26), (Renumbered from 63N-3-602, as last amended by - 3 - S.B.
39 63N-23-504 (Effective 05/06/26), (Renumbered from 10-21-503, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-505 (Effective 05/06/26), (Renumbered from 10-21-504, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-602 (Effective 05/06/26), (Renumbered from 17-80-501, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14) 63N-23-603 (Effective 05/06/26), (Renumbered from 17-80-502, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14) 63N-23-604 (Effective 05/06/26), (Renumbered from 17-80-503, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14) 63N-23-605 (Effective 05/06/26), (Renumbered from 17-80-504, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14) 63N-23-701 (Effective 05/06/26), (Renumbered from 63N-3-1601, as last amended by Laws of Utah 2025, Chapter 440) 63N-23-702 (Effective 05/06/26), (Renumbered from 63N-3-1602, as last amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-703 (Effective 05/06/26), (Renumbered from 63N-3-1603, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-704 (Effective 05/06/26), (Renumbered from 63N-3-1604, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-705 (Effective 05/06/26), (Renumbered from 63N-3-1605, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-706 (Effective 05/06/26), (Renumbered from 63N-3-1606, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-707 (Effective 05/06/26), (Renumbered from 63N-3-1607, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-708 (Effective 05/06/26), (Renumbered from 63N-3-1608, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-709 (Effective 05/06/26), (Renumbered from 63N-3-1609, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-801 (Effective 05/06/26), (Renumbered from 63N-3-1401, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-802 (Effective 05/06/26), (Renumbered from 63N-3-1402, as enacted by Laws of Utah 2024, Chapter 436) - 5 - S.B.
39 Enrolled Copy Laws of Utah 2025, Chapter 29) 63N-23-102 (Effective 05/06/26), (Renumbered from 63N-3-605, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-103 (Effective 05/06/26), (Renumbered from 63N-3-606, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-104 (Effective 05/06/26), (Renumbered from 10-21-203, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-201 (Effective 05/06/26), (Renumbered from 63N-3-603, as last amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-202 (Effective 05/06/26), (Renumbered from 63N-3-604, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-203 (Effective 05/06/26), (Renumbered from 63N-3-607, as last amended by Laws of Utah 2025, Chapter 404) 63N-23-204 (Effective 05/06/26), (Renumbered from 63N-3-608, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-205 (Effective 05/06/26), (Renumbered from 63N-3-609, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-206 (Effective 05/06/26), (Renumbered from 63N-3-610, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-207 (Effective 05/06/26), (Renumbered from 63N-3-611, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-301 (Effective 05/06/26), (Renumbered from 63N-3-603.1, as enacted by Laws of Utah 2025, Chapter 29) 63N-23-302 (Effective 05/06/26), (Renumbered from 63N-3-604.1, as enacted by Laws of Utah 2025, Chapter 29) 63N-23-306 (Effective 05/06/26), (Renumbered from 63N-3-610.1, as enacted by Laws of Utah 2025, Chapter 29) 63N-23-502 (Effective 05/06/26), (Renumbered from 10-21-501, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-503 (Effective 05/06/26), (Renumbered from 10-21-502, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-504 (Effective 05/06/26), (Renumbered from 10-21-503, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-505 (Effective 05/06/26), (Renumbered from 10-21-504, as renumbered and - 4 - Enrolled Copy S.B.
39 02-05 15:36 63N-23-803 (Effective 05/06/26), (Renumbered from 63N-3-1403, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-804 (Effective 05/06/26), (Renumbered from 63N-3-1404, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-805 (Effective 05/06/26), (Renumbered from 63N-3-1405, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-806 (Effective 05/06/26), (Renumbered from 63N-3-1406, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-807 (Effective 05/06/26), (Renumbered from 63N-3-1407, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-808 (Effective 05/06/26), (Renumbered from 63N-3-1408, as enacted by Laws of Utah 2024, Chapter 538) 63N-23-901 (Effective 05/06/26), (Renumbered from 11-13-227, as last amended by Laws of Utah 2025, First Special Session, Chapter 15) REPEALS:
39 amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-602 (Effective 05/06/26), (Renumbered from 17-80-501, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14) 63N-23-603 (Effective 05/06/26), (Renumbered from 17-80-502, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14) 63N-23-604 (Effective 05/06/26), (Renumbered from 17-80-503, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14) 63N-23-605 (Effective 05/06/26), (Renumbered from 17-80-504, as renumbered and amended by Laws of Utah 2025, First Special Session, Chapter 14) 63N-23-701 (Effective 05/06/26), (Renumbered from 63N-3-1601, as last amended by Laws of Utah 2025, Chapter 440) 63N-23-702 (Effective 05/06/26), (Renumbered from 63N-3-1602, as last amended by Laws of Utah 2025, First Special Session, Chapter 15) 63N-23-703 (Effective 05/06/26), (Renumbered from 63N-3-1603, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-704 (Effective 05/06/26), (Renumbered from 63N-3-1604, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-705 (Effective 05/06/26), (Renumbered from 63N-3-1605, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-706 (Effective 05/06/26), (Renumbered from 63N-3-1606, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-707 (Effective 05/06/26), (Renumbered from 63N-3-1607, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-708 (Effective 05/06/26), (Renumbered from 63N-3-1608, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-709 (Effective 05/06/26), (Renumbered from 63N-3-1609, as enacted by Laws of Utah 2024, Chapter 537) 63N-23-801 (Effective 05/06/26), (Renumbered from 63N-3-1401, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-802 (Effective 05/06/26), (Renumbered from 63N-3-1402, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-803 (Effective 05/06/26), (Renumbered from 63N-3-1403, as last amended by Laws of Utah 2025, Chapter 29) 63N-23-804 (Effective 05/06/26), (Renumbered from 63N-3-1404, as enacted by - 5 - S.B.
39 Enrolled Copy Laws of Utah 2024, Chapter 436) 63N-23-805 (Effective 05/06/26), (Renumbered from 63N-3-1405, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-806 (Effective 05/06/26), (Renumbered from 63N-3-1406, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-807 (Effective 05/06/26), (Renumbered from 63N-3-1407, as enacted by Laws of Utah 2024, Chapter 436) 63N-23-808 (Effective 05/06/26), (Renumbered from 63N-3-1408, as enacted by Laws of Utah 2024, Chapter 538) 63N-23-901 (Effective 05/06/26), (Renumbered from 11-13-227, as last amended by Laws of Utah 2025, First Special Session, Chapter 15) REPEALS:
- 6 - 02-05 15:36 S.B.
(2)(a) At a minimum, the proposed general plan, with the accompanying maps, charts, and descriptive and explanatory matter, shall include the planning commission's recommendations for the following plan elements:
39 (2)(a) At a minimum, the proposed general plan, with the accompanying maps, charts, and descriptive and explanatory matter, shall include the planning commission's recommendations for the following plan elements:
- 6 - Enrolled Copy S.B.
(i) a land use element that:
39 (i) a land use element that:
and - 7 - S.B.
and (iv) except for a city of the fifth class or a town, a water use and preservation element that addresses:
39 02-05 15:36 (iv) except for a city of the fifth class or a town, a water use and preservation element that addresses:
(A) the effect of permitted development or patterns of development on water - 7 - S.B.
(A) the effect of permitted development or patterns of development on water demand and water infrastructure;
39 Enrolled Copy demand and water infrastructure;
- 8 - 02-05 15:36 S.B.
(ii) shall include a recommendation for:
39 (ii) shall include a recommendation for:
and (B) landscaping options within a public street for current and future development that do not require the use of lawn or turf in a parkstrip;
and (B) landscaping options within a public street for current and future development - 8 - Enrolled Copy S.B.
39 that do not require the use of lawn or turf in a parkstrip;
(B) adopting new or modified lot size, configuration, and landscaping standards - 9 - S.B.
(B) adopting new or modified lot size, configuration, and landscaping standards that will reduce water demand for new single family development;
39 02-05 15:36 that will reduce water demand for new single family development;
(C) providing one or more water reduction incentives for existing development such as modification of existing landscapes and irrigation systems and - 9 - S.B.
(C) providing one or more water reduction incentives for existing development such as modification of existing landscapes and irrigation systems and installation of water fixtures or systems that minimize water demand;
39 Enrolled Copy installation of water fixtures or systems that minimize water demand;
and - 10 - 02-05 15:36 S.B.
and (E) the mapping of known geologic hazards;
39 (E) the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water, waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for - 10 - Enrolled Copy S.B.
(b) a public services and facilities element showing general plans for sewage, water, waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them, police and fire protection, and other public services;
39 them, police and fire protection, and other public services;
(5) "Base taxable value" means a property's taxable value as shown upon the assessment - 11 - S.B.
(5) "Base taxable value" means a property's taxable value as shown upon the assessment roll last equalized during the base year.
39 02-05 15:36 roll last equalized during the base year.
(6) "Base year" means, for a proposed home ownership promotion zone area, a year beginning the first day of the calendar quarter determined by the last equalized tax roll - 11 - S.B.
(6) "Base year" means, for a proposed home ownership promotion zone area, a year beginning the first day of the calendar quarter determined by the last equalized tax roll before the adoption of the home ownership promotion zone.
39 Enrolled Copy before the adoption of the home ownership promotion zone.
- 12 - 02-05 15:36 S.B.
(19) "Project improvements" means the same as that term is defined in Section 11-36a-102.
39 (19) "Project improvements" means the same as that term is defined in Section 11-36a-102.
(a) that involves land located within a station area for an existing public transit station that provides rail services;
(a) that involves land located within a station area for an existing public transit station - 12 - Enrolled Copy S.B.
39 that provides rail services;
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(a) establishes a vision, and the actions needed to implement that vision, for the - 13 - S.B.
(a) establishes a vision, and the actions needed to implement that vision, for the development of land within a station area;
39 02-05 15:36 development of land within a station area;
(25) "Subsequent progress report" means the annual report described in Subsection 10-21-202(2).
(25) "Subsequent progress report" means the annual report described in Subsection - 13 - S.B.
39 Enrolled Copy 10-21-202(2).
- 14 - 02-05 15:36 S.B.
(d) for a specified municipality that has a fixed guideway public transit station, shall include:
39 (d) for a specified municipality that has a fixed guideway public transit station, shall include:
(i) a recommendation to implement five or more of the moderate income housing - 14 - Enrolled Copy S.B.
(i) a recommendation to implement five or more of the moderate income housing strategies described in Subsection (3)(a)(iii), of which one shall be the moderate income housing strategy described in Subsection (3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection (3)(a)(iii)(G) or (H);
39 strategies described in Subsection (3)(a)(iii), of which one shall be the moderate income housing strategy described in Subsection (3)(a)(iii)(U) and one shall be a moderate income housing strategy described in Subsection (3)(a)(iii)(G) or (H);
(D) identify and utilize general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the municipality for the construction or rehabilitation of moderate income housing;
39 02-05 15:36 (D) identify and utilize general fund subsidies or other sources of revenue to waive construction related fees that are otherwise generally imposed by the municipality for the construction or rehabilitation of moderate income housing;
39 Enrolled Copy (E) create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones;
(E) create or allow for, and reduce regulations related to, internal or detached accessory dwelling units in residential zones;
(O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within the Utah Housing Corporation's funding capacity, an entity that applies for affordable housing programs administered by the Department of Workforce Services, an entity that applies for affordable housing programs administered by an association of governments established by an interlocal agreement under - 16 - 02-05 15:36 S.B.
(O) apply for or partner with an entity that applies for state or federal funds or tax incentives to promote the construction of moderate income housing, an entity that applies for programs offered by the Utah Housing Corporation within the Utah Housing Corporation's funding capacity, an entity that applies for affordable housing programs administered by the Department of Workforce Services, an entity that applies for affordable housing programs administered by an association of governments established by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or - 16 - Enrolled Copy S.B.
39 Title 11, Chapter 13, Interlocal Cooperation Act, an entity that applies for services provided by a public housing authority to preserve and create moderate income housing, or any other entity that applies for programs or services that promote the construction or preservation of moderate income housing;
39 services that promote the construction or preservation of moderate income housing;
(Y) create a home ownership promotion zone in accordance with [Part 5, Home Ownership Promotion Zone for Municipalities] Title 63N, Chapter 23, Part 5, - 17 - S.B.
(Y) create a home ownership promotion zone in accordance with [Part 5, Home Ownership Promotion Zone for Municipalities] Title 63N, Chapter 23, Part 5, Home Ownership Promotion Zone for Municipalities;
39 02-05 15:36 Home Ownership Promotion Zone for Municipalities;
(Z) create a first home investment zone in accordance with [Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] Title 63N, Chapter 23, Part 7, First - 17 - S.B.
(Z) create a first home investment zone in accordance with [Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] Title 63N, Chapter 23, Part 7, First Home Investment Zone;
39 Enrolled Copy Home Investment Zone;
and (ii) the purchasers of electricity from the new generating unit are the same as or - 18 - 02-05 15:36 S.B.
and (ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project.
39 different from the purchasers of electricity from the project.
(2) "Board" means the Permanent Community Impact Fund Board created by Section 35A-8-304, and [its] the board's successors.
(2) "Board" means the Permanent Community Impact Fund Board created by Section - 18 - Enrolled Copy S.B.
39 35A-8-304, and [its] the board's successors.
(9)(a) "Facilities providing replacement project capacity" means facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, - 19 - S.B.
(9)(a) "Facilities providing replacement project capacity" means facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed to provide replacement project capacity.
39 02-05 15:36 repowered, acquired, leased, used, or installed to provide replacement project capacity.
(b) "Facilities providing replacement project capacity" includes facilities that have been, - 19 - S.B.
(b) "Facilities providing replacement project capacity" includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
39 Enrolled Copy are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
and (ii) includes fuel facilities, fuel production facilities, fuel transportation facilities, - 20 - 02-05 15:36 S.B.
and (ii) includes fuel facilities, fuel production facilities, fuel transportation facilities, energy storage facilities, or water facilities that are:
39 energy storage facilities, or water facilities that are:
(b) "Project" includes a project entity's ownership interest in:
- 20 - Enrolled Copy S.B.
39 (b) "Project" includes a project entity's ownership interest in:
(i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;
39 02-05 15:36 (i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;
39 Enrolled Copy (ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted;
(ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted;
- 22 - 02-05 15:36 S.B.
(d) the manner of financing the joint or cooperative action and of establishing and maintaining a budget for it;
39 (d) the manner of financing the joint or cooperative action and of establishing and maintaining a budget for it;
(e) the permissible method or methods to be employed in accomplishing the partial or - 22 - Enrolled Copy S.B.
(e) the permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
39 complete termination of the agreement and for disposing of property upon such partial or complete termination;
(1)(a) The planning commission shall provide notice, as provided in Section 17-79-203, - 23 - S.B.
(1)(a) The planning commission shall provide notice, as provided in Section 17-79-203, of the planning commission's intent to make a recommendation to the county legislative body for a general plan or a comprehensive general plan amendment when the planning commission initiates the process of preparing the planning commission's - 23 - S.B.
39 02-05 15:36 of the planning commission's intent to make a recommendation to the county legislative body for a general plan or a comprehensive general plan amendment when the planning commission initiates the process of preparing the planning commission's recommendation.
39 Enrolled Copy recommendation.
(A) provides the general location and extent of existing and proposed freeways, arterial and collector streets, public transit, active transportation facilities, and - 24 - 02-05 15:36 S.B.
(A) provides the general location and extent of existing and proposed freeways, arterial and collector streets, public transit, active transportation facilities, and other modes of transportation that the planning commission considers appropriate;
39 other modes of transportation that the planning commission considers appropriate;
(B) addresses the county's plan for residential and commercial development - 24 - Enrolled Copy S.B.
(B) addresses the county's plan for residential and commercial development around major transit investment corridors to maintain and improve the connections between housing, employment, education, recreation, and commerce;
39 around major transit investment corridors to maintain and improve the connections between housing, employment, education, recreation, and commerce;
or - 25 - S.B.
or (B) consider and coordinate with the long-range transportation plan developed by the Department of Transportation, if the relevant areas of the county are not within the boundaries of a metropolitan planning organization;
39 02-05 15:36 (B) consider and coordinate with the long-range transportation plan developed by the Department of Transportation, if the relevant areas of the county are not within the boundaries of a metropolitan planning organization;
and - 25 - S.B.
and (ii) consider and coordinate with any station area plans adopted by municipalities located within the county under Section [10-21-203] 63N-23-104.
39 Enrolled Copy (ii) consider and coordinate with any station area plans adopted by municipalities located within the county under Section [10-21-203] 63N-23-104.
- 26 - 02-05 15:36 S.B.
(viii) shall review the county's land use ordinances and include a recommendation for changes to an ordinance that promotes the inefficient use of water;
39 (viii) shall review the county's land use ordinances and include a recommendation for changes to an ordinance that promotes the inefficient use of water;
(A) reduction or limitation of the use of lawn or turf;
- 26 - Enrolled Copy S.B.
39 (A) reduction or limitation of the use of lawn or turf;
(i) to the extent not covered by the county's resource management plan, the - 27 - S.B.
(i) to the extent not covered by the county's resource management plan, the protection, conservation, development, and use of natural resources, including the quality of:
39 02-05 15:36 protection, conservation, development, and use of natural resources, including the quality of:
(B) forests;
- 27 - S.B.
39 Enrolled Copy (B) forests;
- 28 - 02-05 15:36 S.B.
(e) recommendations for implementing all or any portion of the general plan, including the adoption of land and water use ordinances, capital improvement plans, community development and promotion, and any other appropriate action;
39 (e) recommendations for implementing all or any portion of the general plan, including the adoption of land and water use ordinances, capital improvement plans, community development and promotion, and any other appropriate action;
- 28 - Enrolled Copy S.B.
(f) provisions addressing any of the matters listed in Subsection 17-79-401(2) or 17-79-402(1);
39 (f) provisions addressing any of the matters listed in Subsection 17-79-401(2) or 17-79-402(1);
- 29 - S.B.
(13)(a) "Primary dwelling" means a single-family dwelling that:
39 02-05 15:36 (13)(a) "Primary dwelling" means a single-family dwelling that:
(b) "Primary dwelling" includes a garage if the garage:
- 29 - S.B.
39 Enrolled Copy (b) "Primary dwelling" includes a garage if the garage:
(a) provide a realistic opportunity to meet the need for additional moderate income - 30 - 02-05 15:36 S.B.
(a) provide a realistic opportunity to meet the need for additional moderate income housing within the next five years;
39 housing within the next five years;
(b) select three or more moderate income housing strategies described in Subsections (3)(a)(ii)(A) through (V), or at least one moderate income housing strategy described - 30 - Enrolled Copy S.B.
(b) select three or more moderate income housing strategies described in Subsections (3)(a)(ii)(A) through (V), or at least one moderate income housing strategy described in Subsections (3)(a)(ii)(W) through (BB), for implementation;
39 in Subsections (3)(a)(ii)(W) through (BB), for implementation;
- 31 - S.B.
(H) amend land use regulations to eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment - 31 - S.B.
39 02-05 15:36 (H) amend land use regulations to eliminate or reduce parking requirements for residential development where a resident is less likely to rely on the resident's own vehicle, such as residential development near major transit investment corridors or senior living facilities;
39 Enrolled Copy corridors or senior living facilities;
- 32 - 02-05 15:36 S.B.
(T) develop a moderate income housing project for residents who are disabled or 55 years old or older;
39 (T) develop a moderate income housing project for residents who are disabled or 55 years old or older;
(U) create or allow for, and reduce regulations related to, multifamily residential - 32 - Enrolled Copy S.B.
(U) create or allow for, and reduce regulations related to, multifamily residential dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones;
39 dwellings compatible in scale and form with detached single-family residential dwellings and located in walkable communities within residential or mixed-use zones;
(4)(a) In drafting the implementation plan portion of the moderate income housing element as described in Subsection (2)(c), the planning commission shall recommend to the legislative body the establishment of a five-year timeline for implementing - 33 - S.B.
(4)(a) In drafting the implementation plan portion of the moderate income housing element as described in Subsection (2)(c), the planning commission shall recommend to the legislative body the establishment of a five-year timeline for implementing each of the moderate income housing strategies selected by the county for implementation.
39 02-05 15:36 each of the moderate income housing strategies selected by the county for implementation.
(i) identify specific measures and benchmarks for implementing each moderate income housing strategy selected by the county;
- 33 - S.B.
39 Enrolled Copy (i) identify specific measures and benchmarks for implementing each moderate income housing strategy selected by the county;
(5) "Council of governments" means a decision-making body in each county composed of - 34 - 02-05 15:36 S.B.
(5) "Council of governments" means a decision-making body in each county composed of membership including the county governing body and the mayors of each municipality in the county.
39 membership including the county governing body and the mayors of each municipality in the county.
(7) "Executive director" means a person appointed by the board of trustees of a large public transit district to serve as executive director.
- 34 - Enrolled Copy S.B.
39 (7) "Executive director" means a person appointed by the board of trustees of a large public transit district to serve as executive director.
- 35 - S.B.
(17) "Operator" means a public entity or other person engaged in the transportation of passengers for hire.
39 02-05 15:36 (17) "Operator" means a public entity or other person engaged in the transportation of passengers for hire.
(18)(a) "Public transit" means regular, continuing, shared-ride, surface transportation - 35 - S.B.
(18)(a) "Public transit" means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income.
39 Enrolled Copy services that are open to the general public or open to a segment of the general public defined by age, disability, or low income.
- 36 - 02-05 15:36 S.B.
(ii) railway line;
39 (ii) railway line;
(25) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle operated as public transportation by a public transit district.
- 36 - Enrolled Copy S.B.
39 (25) "Transit vehicle" means a passenger bus, coach, railcar, van, or other vehicle operated as public transportation by a public transit district.
- 37 - S.B.
(b) privately owned improvements if the improvements are an allowed use of funds under Section [63N-3-1403] 63N-23-803;
39 02-05 15:36 (b) privately owned improvements if the improvements are an allowed use of funds under Section [63N-3-1403] 63N-23-803;
and (c) a convention center revitalization project, as that term is defined in Section [ - 37 - S.B.
and (c) a convention center revitalization project, as that term is defined in Section [ 63N-3-602] 63N-23-101.
39 Enrolled Copy 63N-3-602] 63N-23-101.
- 38 - 02-05 15:36 S.B.
(i) a short-term bond;
39 (i) a short-term bond;
(12)(a) "Municipal advisor" means a person that:
- 38 - Enrolled Copy S.B.
39 (12)(a) "Municipal advisor" means a person that:
and (iii)(A) for a convention center public infrastructure district, infrastructure, - 39 - S.B.
and (iii)(A) for a convention center public infrastructure district, infrastructure, utilities, improvements, facilities, buildings, or remediation that:
39 02-05 15:36 utilities, improvements, facilities, buildings, or remediation that:
(II) benefit the public and are publicly maintained or operated by a public entity;
(II) benefit the public and are publicly maintained or operated by a public - 39 - S.B.
39 Enrolled Copy entity;
(15)(a) "Tax increment revenue" means the difference between the tax revenue generated from or within a specific area and the revenue that would be generated if a - 40 - 02-05 15:36 S.B.
(15)(a) "Tax increment revenue" means the difference between the tax revenue generated from or within a specific area and the revenue that would be generated if a base taxable value were used.
39 base taxable value were used.
Section 12.
- 40 - Enrolled Copy S.B.
39 Section 12.
(5)(a) The process for creating a convention center public infrastructure district or a - 41 - S.B.
(5)(a) The process for creating a convention center public infrastructure district or a convention center public infrastructure district in a capital city shall be initiated by the submission of a petition and a governing document to the city, except that:
39 02-05 15:36 convention center public infrastructure district in a capital city shall be initiated by the submission of a petition and a governing document to the city, except that:
(i) the city recorder shall certify the petition within 14 days from the day the - 41 - S.B.
(i) the city recorder shall certify the petition within 14 days from the day the petitioner submits the petition to the city recorder;
39 Enrolled Copy petitioner submits the petition to the city recorder;
- 42 - 02-05 15:36 S.B.
(10) If a city or county mayor chooses not to select a member of the board as described in Subsection (9)(b) or (c), elects in writing to permanently abdicate the board seat, or chooses to vacate a member at any time, the petitioner shall select a member for the - 42 - Enrolled Copy S.B.
39 (10) If a city or county mayor chooses not to select a member of the board as described in Subsection (9)(b) or (c), elects in writing to permanently abdicate the board seat, or chooses to vacate a member at any time, the petitioner shall select a member for the replacement who shall not be a representative of the city or county in which the convention center is located.
39 replacement who shall not be a representative of the city or county in which the convention center is located.
- 43 - S.B.
(iv) capital costs related to public transportation;
39 02-05 15:36 (iv) capital costs related to public transportation;
(v) for a public infrastructure district that is within or adjacent to a housing and transit reinvestment zone described in [Title 63N, Chapter 3, Part 6, Housing and - 43 - S.B.
(v) for a public infrastructure district that is within or adjacent to a housing and transit reinvestment zone described in [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, any and all costs to finance any public or privately owned improvements, which, in the discretion of the board of the public infrastructure district, promote the objectives described in [Section 63N-3-603.1] Section 63N-23-301 or 63N-23-401;
39 Enrolled Copy Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, any and all costs to finance any public or privately owned improvements, which, in the discretion of the board of the public infrastructure district, promote the objectives described in [Section 63N-3-603.1] Section 63N-23-301 or 63N-23-401;
and (xi) for a convention center public infrastructure district in a capital city that is within a capital city revitalization zone project area, as defined in Section [63N-3-1401] - 44 - 02-05 15:36 S.B.
and (xi) for a convention center public infrastructure district in a capital city that is within a capital city revitalization zone project area, as defined in Section [63N-3-1401] 63N-23-801, any allowed uses of funds or revenue provided for under Section 59-12-402.5, including eligible expenses consistent with the terms of the participation agreement, except that a convention center public infrastructure - 44 - Enrolled Copy S.B.
39 63N-23-801, any allowed uses of funds or revenue provided for under Section 59-12-402.5, including eligible expenses consistent with the terms of the participation agreement, except that a convention center public infrastructure district in a capital city may not issue negotiable bonds serviced by the revitalization tax under Section 59-12-402.5 for privately owned improvements for more than the maximum dollar amount described in the participation agreement.
39 district in a capital city may not issue negotiable bonds serviced by the revitalization tax under Section 59-12-402.5 for privately owned improvements for more than the maximum dollar amount described in the participation agreement.
- 45 - S.B.
(3) A public infrastructure district created by the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201, may:
39 02-05 15:36 (3) A public infrastructure district created by the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201, may:
(a) pay for the cost of the development and construction of a qualified stadium, as - 45 - S.B.
(a) pay for the cost of the development and construction of a qualified stadium, as defined in Section 11-70-101;
39 Enrolled Copy defined in Section 11-70-101;
(2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have a - 46 - 02-05 15:36 S.B.
(2) Except as provided in Subsections (3) through (5), an eligible voter seeking to have a local law passed by the local legislative body submitted to a vote of the people shall, after filing a referendum application, obtain legal signatures equal to:
39 local law passed by the local legislative body submitted to a vote of the people shall, after filing a referendum application, obtain legal signatures equal to:
(i) 7.75% of the number of active voters in the county;
- 46 - Enrolled Copy S.B.
39 (i) 7.75% of the number of active voters in the county;
- 47 - S.B.
(i) for a city of the fifth class or a county of the fifth class, 25% of the number of active voters in the city or county;
39 02-05 15:36 (i) for a city of the fifth class or a county of the fifth class, 25% of the number of active voters in the city or county;
or (j) for a town or a county of the sixth class, 35% of the number of active voters in the - 47 - S.B.
or (j) for a town or a county of the sixth class, 35% of the number of active voters in the town or county.
39 Enrolled Copy town or county.
(4) A person seeking to have a subjurisdictional law passed by the local legislative body - 48 - 02-05 15:36 S.B.
(4) A person seeking to have a subjurisdictional law passed by the local legislative body submitted to a vote of the people shall, after filing a referendum application, obtain legal signatures of the residents in the subjurisdiction equal to:
39 submitted to a vote of the people shall, after filing a referendum application, obtain legal signatures of the residents in the subjurisdiction equal to:
(a) 10% of the number of active voters in the subjurisdiction if the number of active - 48 - Enrolled Copy S.B.
(a) 10% of the number of active voters in the subjurisdiction if the number of active voters exceeds 25,000;
39 voters exceeds 25,000;
- 49 - S.B.
(i) 36% of the number of active voters in the city;
39 02-05 15:36 (i) 36% of the number of active voters in the city;
or (f) for a city of the fifth class or a town, 40% of the number of active voters in the city or town.
or - 49 - S.B.
39 Enrolled Copy (f) for a city of the fifth class or a town, 40% of the number of active voters in the city or town.
(2)(a) Except as otherwise provided in this section or Section 32B-1-202.1, the - 50 - 02-05 15:36 S.B.
(2)(a) Except as otherwise provided in this section or Section 32B-1-202.1, the commission may not issue a license for an outlet if, on the date the commission takes final action to approve or deny the application, there is a community location:
39 commission may not issue a license for an outlet if, on the date the commission takes final action to approve or deny the application, there is a community location:
(i) within 600 feet of the proposed outlet, as measured from the nearest patron - 50 - Enrolled Copy S.B.
(i) within 600 feet of the proposed outlet, as measured from the nearest patron entrance of the proposed outlet by following the shortest route of ordinary pedestrian travel to the property boundary of the community location;
39 entrance of the proposed outlet by following the shortest route of ordinary pedestrian travel to the property boundary of the community location;
(4) An outlet or restaurant that holds a license on May 12, 2020, and operates in accordance with the proximity requirements in effect at the time the commission issued the license or operates under a previously approved variance described in Subsection (3), subject to the other provisions of this title, that outlet or restaurant or an outlet or a restaurant with - 51 - S.B.
(4) An outlet or restaurant that holds a license on May 12, 2020, and operates in accordance with the proximity requirements in effect at the time the commission issued the license or operates under a previously approved variance described in Subsection (3), subject to the other provisions of this title, that outlet or restaurant or an outlet or a restaurant with the same type of license as that outlet or restaurant may operate at the premises regardless of whether:
39 02-05 15:36 the same type of license as that outlet or restaurant may operate at the premises regardless of whether:
(b) the property on which the outlet or restaurant is located changes ownership;
- 51 - S.B.
39 Enrolled Copy (b) the property on which the outlet or restaurant is located changes ownership;
(7) Nothing in this section prevents the commission from considering the proximity of an educational, religious, and recreational facility, or any other relevant factor in reaching a - 52 - 02-05 15:36 S.B.
(7) Nothing in this section prevents the commission from considering the proximity of an educational, religious, and recreational facility, or any other relevant factor in reaching a decision on a proposed location of an outlet.
39 decision on a proposed location of an outlet.
(1) As used in this section:
- 52 - Enrolled Copy S.B.
39 (1) As used in this section:
(A) compensation, commission, or any other form of a payment or increase of - 53 - S.B.
(A) compensation, commission, or any other form of a payment or increase of money;
39 02-05 15:36 money;
(j) "Eligible university" means an institution of higher education listed in Subsection 53H-1-102(1)(a).
- 53 - S.B.
39 Enrolled Copy (j) "Eligible university" means an institution of higher education listed in Subsection 53H-1-102(1)(a).
(e) Before adopting a designation resolution, a board of trustees may modify the - 54 - 02-05 15:36 S.B.
(e) Before adopting a designation resolution, a board of trustees may modify the proposed designation resolution to:
39 proposed designation resolution to:
or (ii) clarify or adjust provisions of the proposed designation resolution, as the board of trustees considers appropriate.
or (ii) clarify or adjust provisions of the proposed designation resolution, as the board of - 54 - Enrolled Copy S.B.
39 trustees considers appropriate.
or - 55 - S.B.
or (iv) any other eligible university-related purpose.
39 02-05 15:36 (iv) any other eligible university-related purpose.
(6)(a) A board of trustees member may not participate in a development action if the board of trustees member or a family member of the board of trustees member owns an interest in, is directly affiliated with, or is an employee or officer of a private firm, private company, or other private entity that the board of trustees member reasonably believes is likely to participate in or receive a direct financial benefit from the development of land that is the subject of a development agreement.
(6)(a) A board of trustees member may not participate in a development action if the - 55 - S.B.
39 Enrolled Copy board of trustees member or a family member of the board of trustees member owns an interest in, is directly affiliated with, or is an employee or officer of a private firm, private company, or other private entity that the board of trustees member reasonably believes is likely to participate in or receive a direct financial benefit from the development of land that is the subject of a development agreement.
Definition -- State Tax Commission Administrative Charge Account -- Amount of administrative charge -- Deposit of - 56 - 02-05 15:36 S.B.
Definition -- State Tax Commission Administrative Charge Account -- Amount of administrative charge -- Deposit of revenue into the restricted account -- Interest deposited into General Fund -- Expenditure of money deposited into the restricted account.
39 revenue into the restricted account -- Interest deposited into General Fund -- Expenditure of money deposited into the restricted account.
(1) As used in this section, "qualifying tax, fee, or charge" means a tax, fee, or charge the - 56 - Enrolled Copy S.B.
(1) As used in this section, "qualifying tax, fee, or charge" means a tax, fee, or charge the commission administers under:
39 commission administers under:
or (b) an equal percentage of revenue the commission collects from each qualifying tax, fee, or charge sufficient to cover the cost to the commission of administering the - 57 - S.B.
or (b) an equal percentage of revenue the commission collects from each qualifying tax, fee, or charge sufficient to cover the cost to the commission of administering the qualifying taxes, fees, or charges.
39 02-05 15:36 qualifying taxes, fees, or charges.
(7) The commission shall expend money appropriated by the Legislature to the commission from the restricted account to administer qualifying taxes, fees, or charges or to offset general operational expenses.
- 57 - S.B.
39 Enrolled Copy (7) The commission shall expend money appropriated by the Legislature to the commission from the restricted account to administer qualifying taxes, fees, or charges or to offset general operational expenses.
- 58 - 02-05 15:36 S.B.
(A) semiconductor manufacturing equipment assessed by a county assessor in accordance with Part 3, County Assessment;
39 (A) semiconductor manufacturing equipment assessed by a county assessor in accordance with Part 3, County Assessment;
(d) "Base taxable value" means:
- 58 - Enrolled Copy S.B.
39 (d) "Base taxable value" means:
(ix) for a first home investment zone created under [Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] Title 63N, Chapter 23, Part 7, First Home Investment Zone, a property's taxable value as shown upon the assessment roll last equalized during the base year, as that term is defined in Section [63N-3-1601] - 59 - S.B.
(ix) for a first home investment zone created under [Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] Title 63N, Chapter 23, Part 7, First Home Investment Zone, a property's taxable value as shown upon the assessment roll last equalized during the base year, as that term is defined in Section [63N-3-1601] 63N-23-701;
39 02-05 15:36 63N-23-701;
(x) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, a property's taxable value as shown upon - 59 - S.B.
(x) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 2003a 17, Major Sporting Event Venue Zone Act, a property's taxable value as shown upon the assessment roll last equalized during the property tax base year, as that term is defined in Section 63N-3-1701;
39 Enrolled Copy the assessment roll last equalized during the property tax base year, as that term is defined in Section 63N-3-1701;
- 60 - 02-05 15:36 S.B.
(xiii) oil and gas gathering;
39 (xiii) oil and gas gathering;
(xvii) sand and gravel;
- 60 - Enrolled Copy S.B.
39 (xvii) sand and gravel;
(n) "Incremental property tax revenue" means the same as that term is defined in Section - 61 - S.B.
(n) "Incremental property tax revenue" means the same as that term is defined in Section 63N-2-502.
39 02-05 15:36 63N-2-502.
(A) the difference between the taxable value and the base taxable value of the property that is located within a project area and on which property tax differential is collected;
- 61 - S.B.
39 Enrolled Copy (A) the difference between the taxable value and the base taxable value of the property that is located within a project area and on which property tax differential is collected;
and - 62 - 02-05 15:36 S.B.
and (B) the number that represents the percentage of the property tax allocation from that project area that is paid to the authority;
39 (B) the number that represents the percentage of the property tax allocation from that project area that is paid to the authority;
(vi) for a housing and transit reinvestment zone or convention center reinvestment zone created in accordance with [Title 63N, Chapter 3, Part 6, Housing and - 62 - Enrolled Copy S.B.
(vi) for a housing and transit reinvestment zone or convention center reinvestment zone created in accordance with [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone, or Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, an amount calculated by multiplying:
39 Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone, or Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, an amount calculated by multiplying:
- 63 - S.B.
(A) the difference between the taxable value and the base taxable value of the property that is located within a first home investment zone and on which tax increment is collected;
39 02-05 15:36 (A) the difference between the taxable value and the base taxable value of the property that is located within a first home investment zone and on which tax increment is collected;
and (B) the number that represents the percentage of the tax increment that is paid to - 63 - S.B.
and (B) the number that represents the percentage of the tax increment that is paid to the first home investment zone;
39 Enrolled Copy the first home investment zone;
- 64 - 02-05 15:36 S.B.
(C) assessed value based on whether a property is assessed under Part 5, Farmland Assessment Act;
39 (C) assessed value based on whether a property is assessed under Part 5, Farmland Assessment Act;
(q) "Project area" means:
- 64 - Enrolled Copy S.B.
39 (q) "Project area" means:
(vii) for a first home investment zone created [under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] in accordance with Title 63N, Chapter 23, Part 2199a 7, First Home Investment Zone, the same as that term is defined in Section [ 63N-3-1601] 63N-23-701;
(vii) for a first home investment zone created [under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] in accordance with Title 63N, Chapter 23, Part 7, First Home Investment Zone, the same as that term is defined in Section [ 63N-3-1601] 63N-23-701;
or (viii) for a major sporting event venue zone established under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, the qualified development zone, - 65 - S.B.
or (viii) for a major sporting event venue zone established under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, the qualified development zone, as defined in Section 63N-3-1701.
39 02-05 15:36 as defined in Section 63N-3-1701.
(ii) for the Point of the Mountain State Land Authority created in Section 11-59-201, an amount equal to the incremental value that is no longer provided to the Point of the Mountain State Land Authority as property tax augmentation, as defined in Section [11-59-207] 11-59-208;
- 65 - S.B.
39 Enrolled Copy (ii) for the Point of the Mountain State Land Authority created in Section 11-59-201, an amount equal to the incremental value that is no longer provided to the Point of the Mountain State Land Authority as property tax augmentation, as defined in Section [11-59-207] 11-59-208;
(viii) for a first home investment zone created under [Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] Title 63N, Chapter 23, Part 7, First Home - 66 - 02-05 15:36 S.B.
(viii) for a first home investment zone created under [Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] Title 63N, Chapter 23, Part 7, First Home Investment Zone, an amount equal to the incremental value that is no longer provided to a first home investment zone as tax increment;
39 Investment Zone, an amount equal to the incremental value that is no longer provided to a first home investment zone as tax increment;
or (ix) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, an amount equal to the incremental value that is no longer provided to the creating entity of a major sporting event venue - 66 - Enrolled Copy S.B.
or (ix) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 2240a 17, Major Sporting Event Venue Zone Act, an amount equal to the incremental value that is no longer provided to the creating entity of a major sporting event venue zone as property tax increment.
39 zone as property tax increment.
(iv) for a first home investment zone created [under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] in accordance with Title 63N, Chapter 23, Part 2266a 7, First Home Investment Zone, the same as that term is defined in Section [ 63N-3-1601] 63N-23-701;
(iv) for a first home investment zone created [under Title 63N, Chapter 3, Part 16, First Home Investment Zone Act] in accordance with Title 63N, Chapter 23, Part 7, First Home Investment Zone, the same as that term is defined in Section [ 63N-3-1601] 63N-23-701;
or (v) for a major sporting event venue zone created under Title 63N, Chapter 3, Part - 67 - S.B.
or (v) for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, property tax increment, as that term is defined in Section 63N-3-1701.
39 02-05 15:36 2269a 17, Major Sporting Event Venue Zone Act, property tax increment, as that term is defined in Section 63N-3-1701.
and (b) a statement containing the taxable value of all personal property a county assessor assesses in accordance with Part 3, County Assessment, from the prior year end values.
and - 67 - S.B.
39 Enrolled Copy (b) a statement containing the taxable value of all personal property a county assessor assesses in accordance with Part 3, County Assessment, from the prior year end values.
and (B) the percentage of property taxes collected for the five calendar years - 68 - 02-05 15:36 S.B.
and (B) the percentage of property taxes collected for the five calendar years immediately [preceding] before the current calendar year;
39 immediately [preceding] before the current calendar year;
(5) A certified tax rate for a taxing entity described in this Subsection (5) shall be calculated as follows:
- 68 - Enrolled Copy S.B.
39 (5) A certified tax rate for a taxing entity described in this Subsection (5) shall be calculated as follows:
- 69 - S.B.
(b) The ad valorem property tax revenue generated by a judgment levy described in Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax rate.
39 02-05 15:36 (b) The ad valorem property tax revenue generated by a judgment levy described in Subsection (6)(a) may not be considered in establishing a taxing entity's aggregate certified tax rate.
(ii) the year end taxable value of personal property:
- 69 - S.B.
39 Enrolled Copy (ii) the year end taxable value of personal property:
(b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by subtracting the taxable value of real and personal property the commission assesses - 70 - 02-05 15:36 S.B.
(b) For purposes of Subsection (9)(a)(i), the commission shall calculate an amount by subtracting the taxable value of real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the current year, adjusted for current year incremental value, from the year end taxable value of the real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental value.
39 in accordance with Part 2, Assessment of Property, for the current year, adjusted for current year incremental value, from the year end taxable value of the real and personal property the commission assesses in accordance with Part 2, Assessment of Property, for the previous year, adjusted for prior year end incremental value.
(c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by subtracting the total taxable value of real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the current year, from the total year end taxable value of the real and personal property of - 70 - Enrolled Copy S.B.
(c) For purposes of Subsection (9)(a)(ii), the commission shall calculate an amount by subtracting the total taxable value of real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the current year, from the total year end taxable value of the real and personal property of a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the previous year.
39 a taxpayer the commission assesses in accordance with Part 2, Assessment of Property, for the previous year.
- 71 - S.B.
(d) sales of the following for residential use:
39 02-05 15:36 (d) sales of the following for residential use:
(f) except as provided in Section 59-12-104, amounts paid or charged as admission or user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or any other amusement, entertainment, recreation, exhibition, cultural, or athletic activity;
- 71 - S.B.
39 Enrolled Copy (f) except as provided in Section 59-12-104, amounts paid or charged as admission or user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or any other amusement, entertainment, recreation, exhibition, cultural, or athletic activity;
(k) amounts paid or charged for leases or rentals of tangible personal property if within - 72 - 02-05 15:36 S.B.
(k) amounts paid or charged for leases or rentals of tangible personal property if within this state the tangible personal property is:
39 this state the tangible personal property is:
or (iii) consumed;
or - 72 - Enrolled Copy S.B.
39 (iii) consumed;
and (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the - 73 - S.B.
and (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the transaction under this chapter other than this part.
39 02-05 15:36 transaction under this chapter other than this part.
(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed on amounts paid or charged for food and food ingredients equal to the sum of:
(c) Except as provided in Subsection (2)(f) or (g), a state tax and a local tax are imposed - 73 - S.B.
39 Enrolled Copy on amounts paid or charged for food and food ingredients equal to the sum of:
(iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's - 74 - 02-05 15:36 S.B.
(iii)(A) A car-sharing program may rely in good faith on a shared vehicle owner's representation that the shared vehicle is an individual-owned shared vehicle certified with the commission as described in Subsection (2)(e)(i).
39 representation that the shared vehicle is an individual-owned shared vehicle certified with the commission as described in Subsection (2)(e)(i).
(iv) If all shared vehicles shared through a car-sharing program are certified as described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax period.
(iv) If all shared vehicles shared through a car-sharing program are certified as - 74 - Enrolled Copy S.B.
39 described in Subsection (2)(e)(i)(A) for a tax period, the car-sharing program has no obligation to collect and remit the tax under Subsection (2)(a)(i)(A) for that tax period.
- 75 - S.B.
(ii) If an optional computer software maintenance contract is a bundled transaction that consists of taxable and nontaxable products that are not separately itemized on an invoice or similar billing document, the purchase of the optional computer software maintenance contract is 40% taxable under this chapter and 60% nontaxable under this chapter.
39 02-05 15:36 (ii) If an optional computer software maintenance contract is a bundled transaction that consists of taxable and nontaxable products that are not separately itemized on an invoice or similar billing document, the purchase of the optional computer software maintenance contract is 40% taxable under this chapter and 60% nontaxable under this chapter.
(A) if the sales price of the bundled transaction is attributable to tangible personal property, a product, or a service that is subject to taxation under this chapter and tangible personal property, a product, or service that is not subject to taxation under this chapter, the entire bundled transaction is subject to taxation under this chapter unless:
(A) if the sales price of the bundled transaction is attributable to tangible personal - 75 - S.B.
39 Enrolled Copy property, a product, or a service that is subject to taxation under this chapter and tangible personal property, a product, or service that is not subject to taxation under this chapter, the entire bundled transaction is subject to taxation under this chapter unless:
(g)(i) Except as otherwise provided in this chapter and subject to Subsections (2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental of tangible personal property, other property, a product, or a service that is not subject to taxation under this chapter, the entire - 76 - 02-05 15:36 S.B.
(g)(i) Except as otherwise provided in this chapter and subject to Subsections (2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental of tangible personal property, other property, a product, or a service that is not subject to taxation under this chapter, the entire transaction is subject to taxation under this chapter unless the seller, at the time of the transaction:
39 transaction is subject to taxation under this chapter unless the seller, at the time of the transaction:
(ii) A purchaser and a seller may correct the taxability of a transaction if:
- 76 - Enrolled Copy S.B.
39 (ii) A purchaser and a seller may correct the taxability of a transaction if:
(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate - 77 - S.B.
(i) Subject to Subsections (2)(j) and (k), a tax rate repeal or tax rate change for a tax rate imposed under the following shall take effect on the first day of a calendar quarter:
39 02-05 15:36 imposed under the following shall take effect on the first day of a calendar quarter:
(j)(i) A tax rate increase takes effect on the first day of the first billing period that begins on or after the effective date of the tax rate increase if the billing period for the transaction begins before the effective date of a tax rate increase imposed under:
(j)(i) A tax rate increase takes effect on the first day of the first billing period that begins on or after the effective date of the tax rate increase if the billing period for the transaction begins before the effective date of a tax rate increase imposed - 77 - S.B.
39 Enrolled Copy under:
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the term "catalogue sale." (l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine - 78 - 02-05 15:36 S.B.
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the term "catalogue sale." (l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
39 the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
or (C) a residential use.
or - 78 - Enrolled Copy S.B.
39 (C) a residential use.
or (B) award grants, up to the amount authorized by the Legislature in an - 79 - S.B.
or (B) award grants, up to the amount authorized by the Legislature in an appropriations act, to political subdivisions of the state to implement the measures described in Subsections 23A-3-214(3)(a) through (d) to protect sensitive plant and animal species.
39 02-05 15:36 appropriations act, to political subdivisions of the state to implement the measures described in Subsections 23A-3-214(3)(a) through (d) to protect sensitive plant and animal species.
(iii) At the end of each fiscal year:
- 79 - S.B.
39 Enrolled Copy (iii) At the end of each fiscal year:
(e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described in Subsection (4)(a) shall be deposited into the Water Resources - 80 - 02-05 15:36 S.B.
(e)(i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described in Subsection (4)(a) shall be deposited into the Water Resources Conservation and Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
39 Conservation and Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
(A) conduct hydrologic and geotechnical investigations by the Division of Water Resources in a cooperative effort with other state, federal, or local entities, for the purpose of quantifying surface and ground water resources and describing the hydrologic systems of an area in sufficient detail so as to enable local and state resource managers to plan for and accommodate growth in water use without jeopardizing the resource;
(A) conduct hydrologic and geotechnical investigations by the Division of Water Resources in a cooperative effort with other state, federal, or local entities, for the purpose of quantifying surface and ground water resources and describing - 80 - Enrolled Copy S.B.
39 the hydrologic systems of an area in sufficient detail so as to enable local and state resource managers to plan for and accommodate growth in water use without jeopardizing the resource;
(A) transferred each fiscal year to the Department of Natural Resources as - 81 - S.B.
(A) transferred each fiscal year to the Department of Natural Resources as designated sales and use tax revenue;
39 02-05 15:36 designated sales and use tax revenue;
(A) transferred each fiscal year to the Division of Water Resources as designated sales and use tax revenue;
- 81 - S.B.
39 Enrolled Copy (A) transferred each fiscal year to the Division of Water Resources as designated sales and use tax revenue;
(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the remaining difference described in Subsection (5)(a) shall be deposited each year into - 82 - 02-05 15:36 S.B.
(e) After making the transfers required by Subsections (5)(b) and (c), 15% of the remaining difference described in Subsection (5)(a) shall be deposited each year into the Water Rights Restricted Account created by Section 73-2-1.6.
39 the Water Rights Restricted Account created by Section 73-2-1.6.
(7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d), for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under Subsection (3)(a) equal to 24% of the revenue collected from the following sales and use taxes:
(7)(a) Notwithstanding Subsection (3)(a) and subject to Subsections (7)(b), (c), and (d), for a fiscal year beginning on or after July 1, 2023, the commission shall deposit into the Transportation Investment Fund of 2005 created by Section 72-2-124 a portion of - 82 - Enrolled Copy S.B.
39 the taxes listed under Subsection (3)(a) equal to 24% of the revenue collected from the following sales and use taxes:
(B) the amount of revenue generated in the current fiscal year by registration fees designated under Section 41-1a-1201 to be deposited into the Transportation - 83 - S.B.
(B) the amount of revenue generated in the current fiscal year by registration fees designated under Section 41-1a-1201 to be deposited into the Transportation Investment Fund of 2005;
39 02-05 15:36 Investment Fund of 2005;
(iii) The commission shall annually deposit the amount described in Subsection (7)(c)(i) into the Active Transportation Investment Fund created in Subsection [ 72-2-124(11)] 72-2-124(12).
(iii) The commission shall annually deposit the amount described in Subsection (7)(c)(i) into the Active Transportation Investment Fund created in Subsection [ - 83 - S.B.
39 Enrolled Copy 72-2-124(11)] 72-2-124(12).
- 84 - 02-05 15:36 S.B.
(c) The commission shall annually deposit the amount described in Subsection (8)(b) into the Transit Transportation Investment Fund created in Section 72-2-124.
39 (c) The commission shall annually deposit the amount described in Subsection (8)(b) into the Transit Transportation Investment Fund created in Section 72-2-124.
(10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal year during which the commission receives notice under Section 63N-2-510 that construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund, created in Section 63N-2-512.
(10) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the fiscal year during which the commission receives notice under Section 63N-2-510 that construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the - 84 - Enrolled Copy S.B.
39 commission shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund, created in Section 63N-2-512.
(b) Beginning no sooner than January 1, 2026, notwithstanding Subsection (3)(a), and except as provided in Subsections (17), (18), and (19), and as described in Section [ - 85 - S.B.
(b) Beginning no sooner than January 1, 2026, notwithstanding Subsection (3)(a), and except as provided in Subsections (17), (18), and (19), and as described in Section [ 63N-3-610.1] 63N-23-406, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, the commission, at least annually, shall transfer an amount equal to 50% of the sales and use tax increment as defined in Section [63N-3-602] 63N-23-101 from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within an established - 85 - S.B.
39 02-05 15:36 63N-3-610.1] 63N-23-406, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, the commission, at least annually, shall transfer an amount equal to 50% of the sales and use tax increment as defined in Section [63N-3-602] 63N-23-101 from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, to a convention center public infrastructure district created in accordance with Section 17D-4-202.1 and specified in the convention center reinvestment zone proposal submitted [pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] in accordance with Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City.
39 Enrolled Copy sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, to a convention center public infrastructure district created in accordance with Section 17D-4-202.1 and specified in the convention center reinvestment zone proposal submitted [pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] in accordance with Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City.
(15) Notwithstanding Subsection (3)(a) and except as provided in Subsections (17), (18), and (19), beginning October 1, 2024 the commission shall transfer to the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201, the revenue - 86 - 02-05 15:36 S.B.
(15) Notwithstanding Subsection (3)(a) and except as provided in Subsections (17), (18), and (19), beginning October 1, 2024 the commission shall transfer to the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201, the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as defined in Section 11-70-101.
39 from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within the district sales tax area, as defined in Section 11-70-101.
(iii) "Point of the mountain state land" means the same as that term is defined in Section 11-59-102.
- 86 - Enrolled Copy S.B.
39 (iii) "Point of the mountain state land" means the same as that term is defined in Section 11-59-102.
- 87 - S.B.
(i) "Applicable percentage" means:
39 02-05 15:36 (i) "Applicable percentage" means:
(B) for the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201, the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (17)(a)(ii)(B);
(B) for the Utah Fairpark Area Investment and Restoration District created in - 87 - S.B.
39 Enrolled Copy Section 11-70-201, the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (17)(a)(ii)(B);
(i) "Applicable percentage" means, for a convention center reinvestment zone created in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center - 88 - 02-05 15:36 S.B.
(i) "Applicable percentage" means, for a convention center reinvestment zone created in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, an amount equal to 50% of the sales and use tax increment, as that term is defined in Section [63N-3-602] 63N-23-101, from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (18)(a)(ii).
39 Reinvestment Zone in a Capital City, an amount equal to 50% of the sales and use tax increment, as that term is defined in Section [63N-3-602] 63N-23-101, from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (18)(a)(ii).
(ii) "Qualified development zone" means the sales and use tax boundary of a convention center reinvestment zone created in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter - 88 - Enrolled Copy S.B.
(ii) "Qualified development zone" means the sales and use tax boundary of a convention center reinvestment zone created in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City.
39 23, Part 4, Convention Center Reinvestment Zone in a Capital City.
(1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales - 89 - S.B.
(1) A tax is imposed on the purchaser as provided in this part on the purchase price or sales price for amounts paid or charged for the following transactions:
39 02-05 15:36 price for amounts paid or charged for the following transactions:
or (iii) an ancillary service associated with a:
or - 89 - S.B.
39 Enrolled Copy (iii) an ancillary service associated with a:
(f) except as provided in Section 59-12-104, amounts paid or charged as admission or user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or - 90 - 02-05 15:36 S.B.
(f) except as provided in Section 59-12-104, amounts paid or charged as admission or user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature, exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries, fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails, tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises, horseback rides, sports activities, or any other amusement, entertainment, recreation, exhibition, cultural, or athletic activity;
39 any other amusement, entertainment, recreation, exhibition, cultural, or athletic activity;
(A) any parts are actually used in the repairs or renovations of that tangible personal property;
- 90 - Enrolled Copy S.B.
39 (A) any parts are actually used in the repairs or renovations of that tangible personal property;
and - 91 - S.B.
and (II) that terminates upon the occurrence of a condition;
39 02-05 15:36 (II) that terminates upon the occurrence of a condition;
and (C) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act;
and - 91 - S.B.
39 Enrolled Copy (C) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act;
(e)(i)(A) The rates described in Subsections (2)(a)(i)(A) and (2)(a)(i)(B) do not apply to car sharing, a car sharing program, a shared vehicle driver, or a shared - 92 - 02-05 15:36 S.B.
(e)(i)(A) The rates described in Subsections (2)(a)(i)(A) and (2)(a)(i)(B) do not apply to car sharing, a car sharing program, a shared vehicle driver, or a shared vehicle owner, for a car sharing or shared vehicle transaction if a shared vehicle owner certifies to the commission, on a form prescribed by the commission, that the shared vehicle is an individual-owned shared vehicle.
39 vehicle owner, for a car sharing or shared vehicle transaction if a shared vehicle owner certifies to the commission, on a form prescribed by the commission, that the shared vehicle is an individual-owned shared vehicle.
(C) The commission shall verify that a shared vehicle is an individual-owned shared vehicle by verifying that the applicable Utah taxes imposed under this chapter were paid on the purchase of the shared vehicle.
(C) The commission shall verify that a shared vehicle is an individual-owned shared vehicle by verifying that the applicable Utah taxes imposed under this - 92 - Enrolled Copy S.B.
39 chapter were paid on the purchase of the shared vehicle.
(f)(i) For a bundled transaction that is attributable to food and food ingredients and tangible personal property other than food and food ingredients, a state tax and a - 93 - S.B.
(f)(i) For a bundled transaction that is attributable to food and food ingredients and tangible personal property other than food and food ingredients, a state tax and a local tax is imposed on the entire bundled transaction equal to the sum of:
39 02-05 15:36 local tax is imposed on the entire bundled transaction equal to the sum of:
(ii) If an optional computer software maintenance contract is a bundled transaction that consists of taxable and nontaxable products that are not separately itemized on an invoice or similar billing document, the purchase of the optional computer software maintenance contract is 40% taxable under this chapter and 60% nontaxable under this chapter.
(ii) If an optional computer software maintenance contract is a bundled transaction that consists of taxable and nontaxable products that are not separately itemized on an invoice or similar billing document, the purchase of the optional computer software maintenance contract is 40% taxable under this chapter and 60% - 93 - S.B.
39 Enrolled Copy nontaxable under this chapter.
(g)(i) Except as otherwise provided in this chapter and subject to Subsections - 94 - 02-05 15:36 S.B.
(g)(i) Except as otherwise provided in this chapter and subject to Subsections (2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental of tangible personal property, other property, a product, or a service that is not subject to taxation under this chapter, the entire transaction is subject to taxation under this chapter unless the seller, at the time of the transaction:
39 (2)(g)(ii) and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental of tangible personal property, other property, a product, or a service that is not subject to taxation under this chapter, the entire transaction is subject to taxation under this chapter unless the seller, at the time of the transaction:
(A) separately states the portion of the transaction that is not subject to taxation under this chapter on an invoice, bill of sale, or similar document provided to - 94 - Enrolled Copy S.B.
(A) separately states the portion of the transaction that is not subject to taxation under this chapter on an invoice, bill of sale, or similar document provided to the purchaser;
39 the purchaser;
- 95 - S.B.
(ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the seller's regular course of business includes books and records the seller keeps in the regular course of business for nontax purposes.
39 02-05 15:36 (ii) For purposes of Subsection (2)(h)(i), books and records that a seller keeps in the seller's regular course of business includes books and records the seller keeps in the regular course of business for nontax purposes.
(iv) Subsection (2)(c)(i);
- 95 - S.B.
39 Enrolled Copy (iv) Subsection (2)(c)(i);
- 96 - 02-05 15:36 S.B.
(A) Subsection (2)(a)(i)(A);
39 (A) Subsection (2)(a)(i)(A);
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the term "catalogue sale." (l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
(iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the term "catalogue sale." (l)(i) For a location described in Subsection (2)(l)(ii), the commission shall determine - 96 - Enrolled Copy S.B.
39 the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
- 97 - S.B.
(iii) Subsection (2)(c)(i);
39 02-05 15:36 (iii) Subsection (2)(c)(i);
(c) The commission shall deposit 85% of the difference between 1.4543% of the revenue described in Subsection (4)(a) and the deposits made under Subsection (5)(b), into the Water Resources Conservation and Development Fund created in Section 73-10-24 for use by the Division of Water Resources for:
(c) The commission shall deposit 85% of the difference between 1.4543% of the revenue described in Subsection (4)(a) and the deposits made under Subsection (5)(b), into the Water Resources Conservation and Development Fund created in Section - 97 - S.B.
39 Enrolled Copy 73-10-24 for use by the Division of Water Resources for:
- 98 - 02-05 15:36 S.B.
(iii) The amount described in Subsection (4)(e)(ii)(C) shall be annually deposited into the Transit Transportation Investment Fund created in Section 72-2-124.
39 (iii) The amount described in Subsection (4)(e)(ii)(C) shall be annually deposited into the Transit Transportation Investment Fund created in Section 72-2-124.
(h) The commission shall deposit 1% of the revenue described in Subsection (4)(a) into the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902 as follows:
(h) The commission shall deposit 1% of the revenue described in Subsection (4)(a) into - 98 - Enrolled Copy S.B.
39 the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902 as follows:
(B) to conduct hydrologic and geotechnical investigations by the Division of - 99 - S.B.
(B) to conduct hydrologic and geotechnical investigations by the Division of Water Resources in a cooperative effort with other state, federal, or local entities, for the purpose of quantifying surface and ground water resources and describing the hydrologic systems of an area in sufficient detail so as to enable local and state resource managers to plan for and accommodate growth in water use without jeopardizing the resource;
39 02-05 15:36 Water Resources in a cooperative effort with other state, federal, or local entities, for the purpose of quantifying surface and ground water resources and describing the hydrologic systems of an area in sufficient detail so as to enable local and state resource managers to plan for and accommodate growth in water use without jeopardizing the resource;
(v) The commission shall deposit $3,587,500 into the Utah Wastewater Loan Program Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
- 99 - S.B.
39 Enrolled Copy (v) The commission shall deposit $3,587,500 into the Utah Wastewater Loan Program Subaccount created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
- 100 - 02-05 15:36 S.B.
(A) 50% into the Water Resources Conservation and Development Fund created in Section 73-10-24;
39 (A) 50% into the Water Resources Conservation and Development Fund created in Section 73-10-24;
(x) The commission shall allocate $175,000 to the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of water rights.
(x) The commission shall allocate $175,000 to the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for the adjudication of water - 100 - Enrolled Copy S.B.
39 rights.
(7)(a) Notwithstanding Subsection (3)(a) and except as provided in Subsections (11), (12), and (13), and as described in Section [63N-3-610] 63N-23-206, beginning the first day of a calendar quarter one year after the sales and use tax boundary for a - 101 - S.B.
(7)(a) Notwithstanding Subsection (3)(a) and except as provided in Subsections (11), (12), and (13), and as described in Section [63N-3-610] 63N-23-206, beginning the first day of a calendar quarter one year after the sales and use tax boundary for a housing and transit reinvestment zone is established under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, the commission, at least annually, shall transfer an amount equal to 15% of the sales and use tax increment from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, into the Transit Transportation Investment Fund created in Section 72-2-124.
39 02-05 15:36 housing and transit reinvestment zone is established under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, the commission, at least annually, shall transfer an amount equal to 15% of the sales and use tax increment from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, into the Transit Transportation Investment Fund created in Section 72-2-124.
- 101 - S.B.
(b) Beginning no sooner than January 1, 2026, notwithstanding Subsection (3)(a), and except as provided in Subsections (11), (12), and (13), and as described in Section [ 63N-3-610.1] 63N-3-406, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, the commission, at least annually, shall transfer an amount equal to 50% of the sales and use tax increment as defined in Section [63N-3-602] 63N-23-101 from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, to a convention center public infrastructure district created in accordance with Section 17D-4-202.1 and specified in the convention center reinvestment zone proposal submitted [pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] in accordance with Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City.
39 Enrolled Copy (b) Beginning no sooner than January 1, 2026, notwithstanding Subsection (3)(a), and except as provided in Subsections (11), (12), and (13), and as described in Section [ 63N-3-610.1] 63N-3-406, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, the commission, at least annually, shall transfer an amount equal to 50% of the sales and use tax increment as defined in Section [63N-3-602] 63N-23-101 from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate, on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, to a convention center public infrastructure district created in accordance with Section 17D-4-202.1 and specified in the convention center reinvestment zone proposal submitted [pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] in accordance with Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City.
(ii) "Point of the mountain authority" means the Point of the Mountain State Land - 102 - 02-05 15:36 S.B.
(ii) "Point of the mountain authority" means the Point of the Mountain State Land Authority, created in Section 11-59-201.
39 Authority, created in Section 11-59-201.
(c) The distribution under Subsection (9)(b) shall begin the next calendar quarter that begins at least 90 days after the point of the mountain authority provides the commission a map that:
(c) The distribution under Subsection (9)(b) shall begin the next calendar quarter that - 102 - Enrolled Copy S.B.
39 begins at least 90 days after the point of the mountain authority provides the commission a map that:
(A) for a housing and transit reinvestment zone created under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, 15% of the revenue from the - 103 - S.B.
(A) for a housing and transit reinvestment zone created under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 2, Housing and Transit Reinvestment Zone, 15% of the revenue from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (11)(a)(ii)(A);
39 02-05 15:36 sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (11)(a)(ii)(A);
and (C) for the Point of the Mountain State Land Authority created in Section 11-59-201, 50% of the revenue from sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (11)(a)(ii)(C).
and (C) for the Point of the Mountain State Land Authority created in Section - 103 - S.B.
39 Enrolled Copy 11-59-201, 50% of the revenue from sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (11)(a)(ii)(C).
(i) "Applicable percentage" means, for a convention center reinvestment zone created in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, an amount equal to 50% of the sales and use tax increment, as that term is defined in Section [63N-3-602] 63N-23-101, from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection - 104 - 02-05 15:36 S.B.
(i) "Applicable percentage" means, for a convention center reinvestment zone created in a capital city under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 4, Convention Center Reinvestment Zone in a Capital City, an amount equal to 50% of the sales and use tax increment, as that term is defined in Section [63N-3-602] 63N-23-101, from the sales and use tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate for sales occurring within the qualified development zone described in Subsection (12)(a)(ii).
39 (12)(a)(ii).
and (B) intended to be permanently attached to real property within the qualified development zone.
and (B) intended to be permanently attached to real property within the qualified - 104 - Enrolled Copy S.B.
39 development zone.
and - 105 - S.B.
and (b) as required to conform to the amendments to Part 1, Tax Collection.
39 02-05 15:36 (b) as required to conform to the amendments to Part 1, Tax Collection.
and (ii)(A) except as provided in Subsections (2)(a)(ii)(B), (C), (D), (E), and (F), 50% of each dollar collected from the sales and use tax authorized by this part shall be distributed to each county, city, and town on the basis of the location of the transaction as determined under Sections 59-12-211 through 59-12-215;
and (ii)(A) except as provided in Subsections (2)(a)(ii)(B), (C), (D), (E), and (F), 50% of each dollar collected from the sales and use tax authorized by this part shall - 105 - S.B.
39 Enrolled Copy be distributed to each county, city, and town on the basis of the location of the transaction as determined under Sections 59-12-211 through 59-12-215;
and (F) except as provided in Subsections (10) through (13), beginning the first day of a calendar quarter after the sales and use tax boundary for a major sporting - 106 - 02-05 15:36 S.B.
and (F) except as provided in Subsections (10) through (13), beginning the first day of a calendar quarter after the sales and use tax boundary for a major sporting event venue zone is established, the commission, at least annually, shall transfer an amount equal to 50% of the sales and use tax increment, as defined in Section 63N-3-1701, from the sales and use tax imposed under this part on transactions occurring within a sales and use tax boundary, as described in Section 63N-3-1710, to the creating entity of the major sporting event venue zone.
39 event venue zone is established, the commission, at least annually, shall transfer an amount equal to 50% of the sales and use tax increment, as defined in Section 63N-3-1701, from the sales and use tax imposed under this part on transactions occurring within a sales and use tax boundary, as described in Section 63N-3-1710, to the creating entity of the major sporting event venue zone.
(3) Beginning no sooner than January 1, 2026, and before application of Subsections (2), (4), (5), and (6), and except as provided in Subsections (8) and (9), and as described in Section [63N-3-610.1] 63N-23-306, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone, the commission, at least annually, shall transfer an amount equal to 100% of the sales and use tax increment, as defined in Section [63N-3-602] 63N-23-101, from the sales and use tax imposed under this part on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, to the entity specified in the convention center reinvestment zone proposal submitted [ pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] in accordance with Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone.
- 106 - Enrolled Copy S.B.
39 (3) Beginning no sooner than January 1, 2026, and before application of Subsections (2), (4), (5), and (6), and except as provided in Subsections (8) and (9), and as described in Section [63N-3-610.1] 63N-23-306, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone, the commission, at least annually, shall transfer an amount equal to 100% of the sales and use tax increment, as defined in Section [63N-3-602] 63N-23-101, from the sales and use tax imposed under this part on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, to the entity specified in the convention center reinvestment zone proposal submitted [ pursuant to Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] in accordance with Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone.
- 107 - S.B.
(c) For an eligible county, city, or town that qualifies to receive a distribution described in this Subsection (4), the commission shall apply the provisions of this Subsection (4) after the commission applies the provisions of Subsection (3).
39 02-05 15:36 (c) For an eligible county, city, or town that qualifies to receive a distribution described in this Subsection (4), the commission shall apply the provisions of this Subsection (4) after the commission applies the provisions of Subsection (3).
(ii) "Participating local government" means a county or municipality, as defined in Section 10-1-104, that is not an eligible municipality certified in accordance with Section 35A-16-404.
(ii) "Participating local government" means a county or municipality, as defined in - 107 - S.B.
39 Enrolled Copy Section 10-1-104, that is not an eligible municipality certified in accordance with Section 35A-16-404.
- 108 - 02-05 15:36 S.B.
(ii) "Sand and gravel" means sand, gravel, or a combination of sand and gravel.
39 (ii) "Sand and gravel" means sand, gravel, or a combination of sand and gravel.
(A) the total amount of sand and gravel, measured in tons, sold during a calendar year from all sand and gravel extraction sites located within a county, city, or town;
(A) the total amount of sand and gravel, measured in tons, sold during a calendar year from all sand and gravel extraction sites located within a county, city, or - 108 - Enrolled Copy S.B.
39 town;
or (ii) if the Utah Population Committee estimate is not available for each municipality and unincorporated area, the adjusted sub-county population estimate provided by - 109 - S.B.
or (ii) if the Utah Population Committee estimate is not available for each municipality and unincorporated area, the adjusted sub-county population estimate provided by the Utah Population Committee in accordance with Section 63C-20-104.
39 02-05 15:36 the Utah Population Committee in accordance with Section 63C-20-104.
(i) "Applicable percentage" means, for a convention center reinvestment zone created under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone, for sales occurring within the qualified development zone described in Subsection (8)(a)(ii), 100% of the sales and use tax increment, as that term is defined in Section [ 63N-3-602] 63N-23-101, from the sales and use tax:
(i) "Applicable percentage" means, for a convention center reinvestment zone created under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone, for sales occurring within the qualified development zone described in Subsection (8)(a)(ii), - 109 - S.B.
39 Enrolled Copy 100% of the sales and use tax increment, as that term is defined in Section [ 63N-3-602] 63N-23-101, from the sales and use tax:
- 110 - 02-05 15:36 S.B.
(i) the sales price or purchase price of the qualifying construction materials;
39 (i) the sales price or purchase price of the qualifying construction materials;
(10)(a) As used in this Subsection (10):
- 110 - Enrolled Copy S.B.
39 (10)(a) As used in this Subsection (10):
and (E) for an eligible basic special district created under Title 17B, Chapter 1, Part 3762a 14, Basic Special District, for sales occurring within a qualified development zone - 111 - S.B.
and (E) for an eligible basic special district created under Title 17B, Chapter 1, Part 14, Basic Special District, for sales occurring within a qualified development zone described in Subsection (10)(a)(iii)(E), 50% of the revenue from the sales and use tax imposed under this part[;] .
39 02-05 15:36 described in Subsection (10)(a)(iii)(E), 50% of the revenue from the sales and use tax imposed under this part[;] .
(D) the Utah Fairpark Investment and Restoration District, created in Section 11-70-201;
- 111 - S.B.
39 Enrolled Copy (D) the Utah Fairpark Investment and Restoration District, created in Section 11-70-201;
- 112 - 02-05 15:36 S.B.
(iii) "Schedule J sale" means a sale reported on State Tax Commission Form TC-62M, Schedule J or a substantially similar form as designated by the commission.
39 (iii) "Schedule J sale" means a sale reported on State Tax Commission Form TC-62M, Schedule J or a substantially similar form as designated by the commission.
(i) "Applicable percentage" means, for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, for sales occurring within the qualified development zone described in Subsection (12)(a)(ii):
(i) "Applicable percentage" means, for a major sporting event venue zone created under Title 63N, Chapter 3, Part 17, Major Sporting Event Venue Zone Act, for - 112 - Enrolled Copy S.B.
39 sales occurring within the qualified development zone described in Subsection (12)(a)(ii):
- 113 - S.B.
(i) the sales price or purchase price of the qualifying construction materials;
39 02-05 15:36 (i) the sales price or purchase price of the qualifying construction materials;
(b) Revenue generated from the applicable percentage by a Schedule J sale within a qualified development zone shall be distributed to the jurisdiction that would have received the revenue in the absence of the qualified development zone.
- 113 - S.B.
39 Enrolled Copy (b) Revenue generated from the applicable percentage by a Schedule J sale within a qualified development zone shall be distributed to the jurisdiction that would have received the revenue in the absence of the qualified development zone.
- 114 - 02-05 15:36 S.B.
(b) the sales and uses described in Section 59-12-104 to the extent the sales and uses are exempt under Section 59-12-104;
39 (b) the sales and uses described in Section 59-12-104 to the extent the sales and uses are exempt under Section 59-12-104;
(7) A city or town that imposes a tax under this section shall impose the tax on the purchase price or sales price for amounts paid or charged for food and food ingredients if the food and food ingredients are sold as part of a bundled transaction attributable to food and food ingredients and tangible personal property other than food and food ingredients.
(7) A city or town that imposes a tax under this section shall impose the tax on the purchase price or sales price for amounts paid or charged for food and food ingredients if the food and food ingredients are sold as part of a bundled transaction attributable to food and - 114 - Enrolled Copy S.B.
39 food ingredients and tangible personal property other than food and food ingredients.
(2) The legislative body of the local government may impose a sales and use tax under this - 115 - S.B.
(2) The legislative body of the local government may impose a sales and use tax under this section if the legislative body, on or before December 31, 2024:
39 02-05 15:36 section if the legislative body, on or before December 31, 2024:
(b) The tax imposed under this section may not be imposed for a period greater than 30 years, beginning on the date of the first imposition of the tax.
(b) The tax imposed under this section may not be imposed for a period greater than 30 - 115 - S.B.
39 Enrolled Copy years, beginning on the date of the first imposition of the tax.
(8) A local government may impose a tax under this section by majority vote of the members of the local government's legislative body in compliance with the procedures and requirements of [Title 63N, Chapter 3, Part 14, Capital City Revitalization Zone] - 116 - 02-05 15:36 S.B.
(8) A local government may impose a tax under this section by majority vote of the members of the local government's legislative body in compliance with the procedures and requirements of [Title 63N, Chapter 3, Part 14, Capital City Revitalization Zone] Title 63N, Chapter 23, Part 8, Capital City Revitalization Zone.
39 Title 63N, Chapter 23, Part 8, Capital City Revitalization Zone.
(a) within the project area defined in Section [63N-3-1401] 63N-23-801;
- 116 - Enrolled Copy S.B.
39 (a) within the project area defined in Section [63N-3-1401] 63N-23-801;
- 117 - S.B.
(d) The county option sales and use tax under this section shall be imposed:
39 02-05 15:36 (d) The county option sales and use tax under this section shall be imposed:
(b)(i) At least one of the hearings required by Subsection (2)(a) shall have a starting time of no earlier than 6 p.m.
(b)(i) At least one of the hearings required by Subsection (2)(a) shall have a starting - 117 - S.B.
39 Enrolled Copy time of no earlier than 6 p.m.
and (B) the newspaper selected shall be one of general interest and readership in the - 118 - 02-05 15:36 S.B.
and (B) the newspaper selected shall be one of general interest and readership in the community, and not one of limited subject matter.
39 community, and not one of limited subject matter.
(3) Beginning no sooner than January 1, 2026, and subject to Section 59-12-205, before application of Subsections (4) through (7), and as described in Section [63N-3-610.1] 63N-3-306, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone Act] Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone, the commission, at least annually, shall transfer an amount equal to 100% of the sales and use tax increment as defined in Section [63N-3-602] 63N-23-101, from the sales and use tax imposed under this part on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, to a convention center public infrastructure district created in accordance with Section 17D-4-202.1.
(3) Beginning no sooner than January 1, 2026, and subject to Section 59-12-205, before application of Subsections (4) through (7), and as described in Section [63N-3-610.1] 63N-3-306, beginning the first day of a calendar quarter after the year set in the proposal and after the sales and use tax boundary for a convention center reinvestment zone is established under [Title 63N, Chapter 3, Part 6, Housing and Transit Reinvestment Zone - 118 - Enrolled Copy S.B.
39 Act] Title 63N, Chapter 23, Part 3, Convention Center Reinvestment Zone, the commission, at least annually, shall transfer an amount equal to 100% of the sales and use tax increment as defined in Section [63N-3-602] 63N-23-101, from the sales and use tax imposed under this part on transactions occurring within an established sales and use tax boundary, as defined in Section [63N-3-602] 63N-23-101, to a convention center public infrastructure district created in accordance with Section 17D-4-202.1.
and - 119 - S.B.
and (ii) the amount to be distributed annually to all other counties under Subsection (4)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under Subsection (4)(c)(i).
39 02-05 15:36 (ii) the amount to be distributed annually to all other counties under Subsection (4)(b)(ii) shall be reduced proportionately to offset the additional amount distributed under Subsection (4)(c)(i).
or (ii) if the Utah Population Committee estimate is not available, the most recent census or census estimate of the United States Bureau of the Census.
or (ii) if the Utah Population Committee estimate is not available, the most recent - 119 - S.B.
39 Enrolled Copy census or census estimate of the United States Bureau of the Census.
- 120 - 02-05 15:36 S.B.
(c) For a county that imposes a tax under this part, the commission shall retain each month an amount equal to the product of:
39 (c) For a county that imposes a tax under this part, the commission shall retain each month an amount equal to the product of:
(e) An amount the commission deposits into the Qualified Emergency Food Agencies Fund shall be expended as provided in Section 35A-8-1009.
(e) An amount the commission deposits into the Qualified Emergency Food Agencies - 120 - Enrolled Copy S.B.
39 Fund shall be expended as provided in Section 35A-8-1009.
(d)(i) If a tax due under this chapter on a catalogue sale is computed on the basis of - 121 - S.B.
(d)(i) If a tax due under this chapter on a catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in Subsection (7)(b)(i) takes effect:
39 02-05 15:36 sales and use tax rates published in the catalogue, an enactment or repeal of a tax described in Subsection (7)(b)(i) takes effect:
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the term "catalogue sale." (e)(i) Except as provided in Subsection (7)(f) or (g), if, for an annexation that occurs on or after July 1, 2004, the annexation will result in the enactment or repeal of a tax under this part for an annexing area, the enactment or repeal shall take effect:
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the term "catalogue sale." (e)(i) Except as provided in Subsection (7)(f) or (g), if, for an annexation that occurs on or after July 1, 2004, the annexation will result in the enactment or repeal of a - 121 - S.B.
39 Enrolled Copy tax under this part for an annexing area, the enactment or repeal shall take effect:
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, - 122 - 02-05 15:36 S.B.
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the term "catalogue sale." Section 25.
39 the commission may by rule define the term "catalogue sale." Section 25.
(a) the same procedures used to administer, collect, and enforce a tax under:
- 122 - Enrolled Copy S.B.
39 (a) the same procedures used to administer, collect, and enforce a tax under:
- 123 - S.B.
(c) Section 59-12-2217;
39 02-05 15:36 (c) Section 59-12-2217;
(i) provides written notice to the commission and the state treasurer requesting the transfer;
- 123 - S.B.
39 Enrolled Copy (i) provides written notice to the commission and the state treasurer requesting the transfer;
and (ii) the maximum amount of sales and use tax authorizations allowed in accordance with Section 59-12-2203 and authorized under the following sections has been - 124 - 02-05 15:36 S.B.
and (ii) the maximum amount of sales and use tax authorizations allowed in accordance with Section 59-12-2203 and authorized under the following sections has been imposed:
39 imposed:
(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:
(b) if the county is not annexed into a large public transit district, the county legislative - 124 - Enrolled Copy S.B.
39 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:
and - 125 - S.B.
and (c) .05% to the county legislative body.
39 02-05 15:36 (c) .05% to the county legislative body.
(6)(a) Except as provided in Subsection (14)(c), 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).
(6)(a) Except as provided in Subsection (14)(c), if the entire boundary of a county that - 125 - S.B.
39 Enrolled Copy 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).
(8)(a) Subject to Subsections (8)(b) and (c), the commission shall make the distributions - 126 - 02-05 15:36 S.B.
(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:
39 required by Subsections (4)(b), (5)(b), (6)(b)(ii), (6)(c)(i), and (7)(a) as follows:
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.
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) - 126 - Enrolled Copy S.B.
39 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.
(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 17-80-202(6), beginning the first day of the calendar quarter after receiving 90 days' notice, the commission - 127 - S.B.
(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 17-80-202(6), 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 17-80-202(6) does not apply.
39 02-05 15:36 shall distribute the distribution that county would have received under Subsection (8)(a) to counties to which Subsection 17-80-202(6) does not apply.
(10)(a) Except as provided in Subsections (10)(b) and (c), 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.
(10)(a) Except as provided in Subsections (10)(b) and (c), a county, city, or town that received distributions described in Subsections (4)(b), (4)(c), (5)(b), (5)(c), (6)(b)(ii), - 127 - S.B.
39 Enrolled Copy (6)(b)(iii), (6)(c), and (7) may only expend those funds for a purpose described in Section 59-12-2212.2.
- 128 - 02-05 15:36 S.B.
(B) Revenue deposited into the County of the First Class Highway Projects Fund created in Section 72-2-121 as described in Subsection (11)(b)(i)(A) may be used for public transit innovation grants as provided in Title 72, Chapter 2, Part 4, Public Transit Innovation Grants.
39 (B) Revenue deposited into the County of the First Class Highway Projects Fund created in Section 72-2-121 as described in Subsection (11)(b)(i)(A) may be used for public transit innovation grants as provided in Title 72, Chapter 2, Part 4, Public Transit Innovation Grants.
(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;
- 128 - Enrolled Copy S.B.
39 (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;
- 129 - S.B.
(d) Except as provided in Subsection [(13)(c)] (14)(c), 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).
39 02-05 15:36 (d) Except as provided in Subsection [(13)(c)] (14)(c), 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).
(13) For a city described in Subsection (10)(c), during the bondable term of a revitalization project described in Subsection (10)(c), the city shall transfer at least 50%, and may transfer up to 100%, of any revenue the city receives from a distribution under Subsection (4)(b) to a convention center public infrastructure district created in accordance with Section 17D-4-202.1 for revitalization of a convention center owned by the county within a city of the first class and surrounding revitalization projects related to the convention center as permitted in Subsection (10)(c).
- 129 - S.B.
39 Enrolled Copy (13) For a city described in Subsection (10)(c), during the bondable term of a revitalization project described in Subsection (10)(c), the city shall transfer at least 50%, and may transfer up to 100%, of any revenue the city receives from a distribution under Subsection (4)(b) to a convention center public infrastructure district created in accordance with Section 17D-4-202.1 for revitalization of a convention center owned by the county within a city of the first class and surrounding revitalization projects related to the convention center as permitted in Subsection (10)(c).
Section 63N-23-101, which is renumbered from Section 63N-3-602 is renumbered - 130 - 02-05 15:36 S.B.
Section 63N-23-101, which is renumbered from Section 63N-3-602 is renumbered and amended to read:
39 and amended to read:
(a) equal to or less than 80% of the county median gross income for households of the same size, in certain circumstances as provided in this part;
(a) equal to or less than 80% of the county median gross income for households of the - 130 - Enrolled Copy S.B.
39 same size, in certain circumstances as provided in this part;
- 131 - S.B.
(9) "Commuter rail station" means an existing station, stop, or terminal, or a proposed station, stop, or terminal, which has been specifically identified as needed in phase one of a metropolitan planning organization's adopted long-range transportation plan and in phase one of the relevant public transit district's adopted long-range transit plan:
39 02-05 15:36 (9) "Commuter rail station" means an existing station, stop, or terminal, or a proposed station, stop, or terminal, which has been specifically identified as needed in phase one of a metropolitan planning organization's adopted long-range transportation plan and in phase one of the relevant public transit district's adopted long-range transit plan:
(10) "Convention center" means a convention center owned by a county of the first class within a city of the first class.
- 131 - S.B.
39 Enrolled Copy (10) "Convention center" means a convention center owned by a county of the first class within a city of the first class.
[(14)] (15) "Dwelling unit" means one or more rooms arranged for the use of one or more individuals living together, as a single housekeeping unit normally having cooking, - 132 - 02-05 15:36 S.B.
[(14)] (15) "Dwelling unit" means one or more rooms arranged for the use of one or more individuals living together, as a single housekeeping unit normally having cooking, living, sanitary, and sleeping facilities.
39 living, sanitary, and sleeping facilities.
[(17)] (18) "Enhanced development costs" means extra costs associated with structured parking costs, vertical construction costs, horizontal construction costs, life safety costs, structural costs, conveyor or elevator costs, and other costs incurred due to the increased height of buildings or enhanced development.
[(17)] (18) "Enhanced development costs" means extra costs associated with structured parking costs, vertical construction costs, horizontal construction costs, life safety costs, - 132 - Enrolled Copy S.B.
39 structural costs, conveyor or elevator costs, and other costs incurred due to the increased height of buildings or enhanced development.
or - 133 - S.B.
or (b) along an extension to an existing light rail line or new light rail line.
39 02-05 15:36 (b) along an extension to an existing light rail line or new light rail line.
[(30)] (31) "Participation agreement" means the same as that term is defined in Section 17C-1-102, except that the agency may not provide and the person may not receive a direct subsidy.
- 133 - S.B.
39 Enrolled Copy [(30)] (31) "Participation agreement" means the same as that term is defined in Section 17C-1-102, except that the agency may not provide and the person may not receive a direct subsidy.
- 134 - 02-05 15:36 S.B.
[(35)] (37) "Sales and use tax base year" means:
39 [(35)] (37) "Sales and use tax base year" means:
(ii) imposed by a city of the first class in a county of the first class under Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act;
(ii) imposed by a city of the first class in a county of the first class under Title 59, - 134 - Enrolled Copy S.B.
39 Chapter 12, Part 2, Local Sales and Use Tax Act;
- 135 - S.B.
(i) the amount of sales and use tax revenue generated each year following the sales and use tax base year by the sales and use tax from the area within a convention center reinvestment zone designated in the convention center reinvestment zone proposal as the area from which sales and use tax increment is to be collected;
39 02-05 15:36 (i) the amount of sales and use tax revenue generated each year following the sales and use tax base year by the sales and use tax from the area within a convention center reinvestment zone designated in the convention center reinvestment zone proposal as the area from which sales and use tax increment is to be collected;
or (b) for a convention center reinvestment zone, revenue that is generated from:
or - 135 - S.B.
39 Enrolled Copy (b) for a convention center reinvestment zone, revenue that is generated from:
- 136 - 02-05 15:36 S.B.
[(40)] (44) "Tax Commission" means the State Tax Commission created in Section 59-1-201.
39 [(40)] (44) "Tax Commission" means the State Tax Commission created in Section 59-1-201.
[63N-3-605] 63N-23-102 (Effective 05/06/26).
- 136 - Enrolled Copy S.B.
39 [63N-3-605] 63N-23-102 (Effective 05/06/26).
and - 137 - S.B.
and (j) one representative, representing the largest participating local taxing entity, after the municipality, county, and school district.
39 02-05 15:36 (j) one representative, representing the largest participating local taxing entity, after the municipality, county, and school district.
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How this bill changes current law

2 changes Share ↗

Compared against the Utah Code as published AI-generated reading aid — verify against the official bill.

The bill renumbers and amends sections related to general plan preparation, moderate income housing elements, and investment zones, and also repeals an outdated provision.

  • 63N-23-104

    Section 10-21-203 → Section 63N-23-104

    The section is renumbered to reflect its new location concerning station area planning.

  • 63N-23-801

    Section 11-13-227 → Section 63N-23-801

    The section is renumbered to reflect its new designation in the investment zones legislation.

Amendments

1 amendment

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Action History

  1. Governor Signed

  2. Senate/ to Governor

  3. Senate/ received enrolled bill from Printing

  4. Senate/ enrolled bill to Printing

  5. Enrolled Bill Returned to House or Senate

  6. Draft of Enrolled Bill Prepared

  7. Bill Received from Senate for Enrolling

  8. Senate/ signed by President/ sent for enrolling

  9. Senate/ received from House

  10. House/ to Senate

  11. House/ signed by Speaker/ returned to Senate

  12. House/ passed 3rd reading

  13. House/ 3rd reading

  14. House/ 2nd reading

  15. House/ committee report favorable [House Economic Development and Workforce Services Committee]

  16. House Comm - Favorable Recommendation [House Economic Development and Workforce Services Committee]

  17. House/ to standing committee [House Economic Development and Workforce Services Committee]

  18. House/ 1st reading (Introduced)

  19. House/ received from Senate

  20. Senate/ to House

  21. Senate/ passed 3rd reading

  22. Senate/ 3rd reading

  23. Senate/ passed 2nd reading

  24. Senate/ floor amendment

  25. Senate/ 2nd reading

  26. Senate/ placed on 2nd Reading Calendar

  27. Senate/ committee report favorable [Senate Government Operations and Political Subdivisions Committee]

  28. Senate Comm - Favorable Recommendation [Senate Government Operations and Political Subdivisions Committee]

  29. Senate/ to standing committee [Senate Government Operations and Political Subdivisions Committee]

  30. Senate/ 1st reading (Introduced)

  31. Senate/ received fiscal note from Fiscal Analyst

  32. LFA/ fiscal note publicly available for SB0039

  33. LFA/ fiscal note sent to sponsor for SB0039

  34. Senate/ received bill from Legislative Research

  35. LFA/ bill sent to agencies for fiscal input for SB0039

  36. LFA/ bill assigned to staff for fiscal analysis for SB0039

  37. Numbered Bill Publicly Distributed

  38. Bill Numbered but not Distributed

Sponsors

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

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Frequently asked questions

Who sponsors SB 39?
SB 39 is sponsored by Stephen L. Whyte (Republican) and Wayne A. Harper (Republican).
What is the current status of SB 39?
This bill has been enacted into law. Introduced December 22, 2025. Enacted.
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