59-12-804 - Imposition of rural city hospital tax -- Base -- Rate -- Administration, collection, and enforcement of tax.
59-12-804. Imposition of rural city hospital tax -- Base -- Rate -- Administration,collection, and enforcement of tax.
(1) (a) A city legislative body may impose a sales and use tax of up to 1%:
(i) on the transactions described in Subsection 59-12-103(1) located within the city; and
(ii) to fund rural city hospitals in that city.
(b) Notwithstanding Subsection (1)(a)(i), a city legislative body may not impose a taxunder this section on:
(i) the sales and uses described in Section 59-12-104 to the extent the sales and uses areexempt from taxation under Section 59-12-104; and
(ii) except as provided in Subsection (1)(d), amounts paid or charged for food and foodingredients.
(c) For purposes of this Subsection (1), the location of a transaction shall be determinedin accordance with Sections 59-12-211 through 59-12-215.
(d) A city legislative body imposing a tax under this section shall impose the tax onamounts paid or charged for food and food ingredients if the food and food ingredients are soldas part of a bundled transaction attributable to food and food ingredients and tangible personalproperty other than food and food ingredients.
(2) (a) Before imposing a tax under Subsection (1)(a), a city legislative body shall obtainapproval to impose the tax from a majority of the:
(i) members of the city legislative body; and
(ii) city's registered voters voting on the imposition of the tax.
(b) The city legislative body shall conduct the election according to the procedures andrequirements of Title 11, Chapter 14, Local Government Bonding Act.
(3) The money generated by a tax imposed under Subsection (1) may only be used for thefinancing of:
(a) ongoing operating expenses of a rural city hospital;
(b) the acquisition of land for a rural city hospital; or
(c) the design, construction, equipping, or furnishing of a rural city hospital.
(4) (a) A tax under this section shall be:
(i) except as provided in Subsection (4)(b), administered, collected, and enforced inaccordance with:
(A) the same procedures used to administer, collect, and enforce the tax under:
(I) Part 1, Tax Collection; or
(II) Part 2, Local Sales and Use Tax Act; and
(B) Chapter 1, General Taxation Policies; and
(ii) levied for a period of 10 years and may be reauthorized at the end of the ten-yearperiod by the city legislative body as provided in Subsection (1).
(b) Notwithstanding Subsection (4)(a)(i), a tax under this section is not subject toSubsections 59-12-205(2) through (6).
(5) The commission may retain an amount not to exceed 1-1/2% of the tax collectedunder this section for the cost of administering the tax.
Amended by Chapter 384, 2008 General Session