Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 22 First Substitute (2015GS)

Sponsor

Rep. Wilson, B.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the formula for determining potential increases in legislative appropriations for the Tourism Marketing Performance Account; and
• makes technical changes.

Every vote on this bill

Bill text

TOURISM MARKETING PERFORMANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad R. Wilson
Senate Sponsor: 
____________
LONG TITLE
Committee Note:
The Economic Development and Workforce Services Interim Committee recommended
this bill.
General Description:
This bill modifies provisions of the Tourism Marketing Performance Account.
Highlighted Provisions:
This bill:
▸ modifies the formula for determining potential increases in legislative
appropriations for the Tourism Marketing Performance Account; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63M-1-1406
, as last amended by Laws of Utah 2014, Chapter 423
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63M-1-1406
 is amended to read:
63M-1-1406.
Tourism Marketing Performance Account.
(1) There is created within the General Fund a restricted account known as the Tourism
Marketing Performance Account.
(2) The account shall be administered by the office for the purposes listed in
Subsection (5).
(3) (a) The account shall earn interest.
(b) All interest earned on account money shall be deposited into the account.
(4) The account shall be funded by appropriations made to the account by the
Legislature in accordance with this section.
(5) The director shall use account money appropriated to the office to pay for the
statewide advertising, marketing, and branding campaign for promotion of the state as
conducted by the office.
(6) (a) For [
a
] 
each
 fiscal year beginning on or after July 1, 2007, the office shall
annually allocate 10% of the account money appropriated to the office to a sports organization
for advertising, marketing, branding, and promoting Utah in attracting sporting events into the
state.
(b) The sports organization shall:
(i) provide an annual written report to the office that gives a complete accounting of
the use of money the sports organization receives under this Subsection (6); and
(ii) partner with the office to promote the state and to encourage economic growth in
the state.
(c) For purposes of this Subsection (6), "sports organization" means an organization
that is:
(i) exempt from federal income taxation in accordance with Section 501(c)(3), Internal
Revenue Code; and
(ii) created to foster national and international sports competitions in the state,
including competitions related to Olympic sports, and to promote and encourage sports tourism
throughout the state, including advertising, marketing, branding, and promoting Utah for the
purpose of attracting sporting events into the state.
(7) Money deposited into the account shall [
consist of
] 
include
 a legislative
appropriation from the cumulative sales and use tax revenue increases [
identified
] 
described
 in
Subsection (8), plus any 
additional
 appropriation made by the Legislature.
(8) (a) In fiscal years 2006 through 2019, a portion of the state sales and use tax
revenues determined under this Subsection (8) shall be certified as a set-aside for the account
by the State Tax Commission and reported to the Office of Legislative Fiscal Analyst.
(b) [
The
] 
For fiscal years 2016 through 2019, the
 State Tax Commission shall
[
determine
] 
calculate
 the set-aside under this Subsection (8) in each fiscal year by applying the
following formula: if the increase in the state sales and use tax revenues derived from the retail
sales of tourist-oriented goods and services, in the fiscal year two years prior to the fiscal year
in which the set-aside is to be made for the account, is at least 3% over the state sales and use
tax revenues derived from the retail sales of tourist-oriented goods and services generated in
the fiscal year three years prior to the fiscal year in which the set-aside is to be made, an
amount equal to [
1/2 of
] the state sales and use tax revenues generated above the 3% increase
shall be calculated by the commission and set aside by the state treasurer for appropriation to
the account.
(c) The total money appropriated to the account in [
any
] 
a
 fiscal year under Subsections
(8)(a) and (b) may not exceed the amount [
in the account under this section in the fiscal year
immediately preceding the current
] 
appropriated to the account in the preceding
 fiscal year by
more than $3,000,000.
(d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
collected under Subsections 
59-12-103
(2)(a)(i)(A) and 
59-12-103
(2)(c)(i).
[
(d)
] 
(e)
 As used in this Subsection (8), "
retail
 sales of tourist-oriented goods and
services" are [
those sales by businesses
] 
calculated by adding the following percentages of
sales from each business
 registered with the State Tax Commission under 
one of
 the following
codes of the [
] 
 North American Industry Classification System of the federal
Executive Office of the President, Office of Management and Budget:
[
(i) NAICS Code 453 Miscellaneous Store Retailers;
]
[
(ii) NAICS Code 481 Passenger Air Transportation;
]
[
(iii) NAICS Code 487 Scenic and Sightseeing Transportation;
]
[
(iv) NAICS Code 711 Performing Arts, Spectator Sports and Related Industries;
]
[
(v) NAICS Code 712 Museums, Historical Sites and Similar Institutions;
]
[
(vi) NAICS Code 713 Amusement, Gambling and Recreation Industries;
]
[
(vii) NAICS Code 721 Accommodations;
]
[
(viii) NAICS Code 722 Food Services and Drinking Places;
]
[
(ix) NAICS Code 4483 Jewelry, Luggage, and Leather Goods Stores;
]
[
(x) NAICS Code 4853 Taxi and Limousine Service;
]
[
(xi) NAICS Code 4855 Charter Bus;
]
[
(xii) NAICS Code 5615 Travel Arrangement and Reservation Services;
]
[
(xiii) NAICS Code 44611 Pharmacies and Drug Stores;
]
[
(xiv) NAICS Code 45111 Sporting Goods Stores;
]
[
(xv) NAICS Code 45112 Hobby Toy and Game Stores;
]
[
(xvi) NAICS Code 45121 Book Stores and News Dealers;
]
[
(xvii) NAICS Code 445120 Convenience Stores without Gas Pumps;
]
[
(xviii) NAICS Code 447110 Gasoline Stations with Convenience Stores;
]
[
(xix) NAICS Code 447190 Other Gasoline Stations;
]
[
(xx) NAICS Code 532111 Passenger Car Rental; and
]
[
(xxi) NAICS Code 532292 Recreational Goods Rental.
]
[
(e) The Division of Finance shall for each fiscal year transfer the first $6,000,000 of
ongoing money in the account to the General Fund.
]
(i) 80% of the sales from each business under NAICS Codes:
(A) 532111 Passenger Car Rental;
(B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;
(C) 5615 Travel Arrangement and Reservation Services;
(D) 7211 Traveler Accommodation; and
(E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;
(ii) 25% of the sales from each business under NAICS Codes:
(A) 51213 Motion Picture and Video Exhibition;
(B) 532292 Recreational Goods Rental;
(C) 711 Performing Arts, Spectator Sports, and Related Industries;
(D) 712 Museums, Historical Sites, and Similar Institutions; and
(E) 713 Amusement, Gambling, and Recreation Industries;
(iii) 20% of the sales from each business under NAICS Code 722 Food Services and
Drinking Places;
(iv) 18% of the sales from each business under NAICS Codes:
(A) 447 Gasoline Stations; and
(B) 81293 Parking Lots and Garages;
(v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
and Maintenance; and
(vi) 5% of the sales from each business under NAICS Codes:
(A) 445 Food and Beverage Stores;
(B) 446 Health and Personal Care Stores;
(C) 448 Clothing and Clothing Accessories Stores;
(D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;
(E) 452 General Merchandise Stores; and
(F) 453 Miscellaneous Store Retailers.
Section 2. 
Effective date.
This bill takes effect on July 1, 2015.
Legislative Review Note
 as of 10-15-14 5:01 PM
Office of Legislative Research and General Counsel