63M-1-1406 - Tourism Marketing Performance Account.
63M-1-1406. Tourism Marketing Performance Account.
(1) There is created within the General Fund a restricted account known as the TourismMarketing 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 monies shall be deposited into the account.
(c) Monies in the account are nonlapsing.
(4) The account shall be funded by appropriations made to the account by the Legislaturein accordance with this section.
(5) The director may use account monies appropriated to the office to pay for thestatewide advertising, marketing, and branding campaign for promotion of the state as conductedby the office.
(6) (a) For the fiscal year beginning July 1, 2007, the director shall allocate 10% of theaccount monies appropriated to the office to be distributed to a sports organization foradvertising, marketing, branding, and promoting Utah in attracting sporting events into the stateas determined by the office.
(b) For a fiscal year beginning on or after July 1, 2008, the amount distributed underSubsection (6)(a) shall be indexed from the July 1, 2007 fiscal year to reflect a percent increaseor decrease of monies set aside into the account as compared to the previous fiscal year.
(c) The monies distributed under Subsections (6)(a) and (b) are nonlapsing.
(d) The office shall provide for an annual accounting to the office by a sportsorganization of the use of monies it receives under Subsection (6)(a) or (b).
(e) For purposes of this Subsection (6), "sports organization" means an organization thatis:
(i) exempt from federal income taxation in accordance with Section 501(c)(3), InternalRevenue Code; and
(ii) created to foster national and international amateur sports competitions to be held inthe state and sports tourism throughout the state, to include advertising, marketing, branding, andpromoting Utah for the purpose of attracting sporting events into the state.
(7) (a) Monies set aside into the account shall be as follows:
(i) for the fiscal year beginning July 1, 2005 only, an amount appropriated in Section 7 ofthis bill;
(ii) for the fiscal year beginning July 1, 2006:
(A) the beginning nonlapsing appropriation balances, if any, in the Tourism MarketingPerformance Account;
(B) any legislative appropriation from the sales and use tax revenue increases identifiedin Subsection (8); and
(C) any appropriation made by the Legislature from the General Fund to the account inan appropriations bill; and
(iii) for the fiscal year beginning July 1, 2007, and for each fiscal year thereafter, a$1,000,000 reduction in the prior year's appropriation sources other than the sales and use taxrevenue increases identified in Subsection (8), plus a legislative appropriation from thecumulative sales and use tax revenue increases identified in Subsection (8).
(b) Monies in the account are nonlapsing.
(8) (a) In fiscal years 2006 through 2015, a portion of the state sales and use tax revenuesdetermined under this Subsection (8) shall be certified as a set-aside for the account by the StateTax Commission and reported to the Office of Legislative Fiscal Analyst.
(b) The State Tax Commission shall determine the set-aside under this Subsection (8) ineach fiscal year by applying the following formula: if the increase in the state sales and use taxrevenues derived from the retail sales of tourist-oriented goods and services in the fiscal year twoyears 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 goodsand services generated in the fiscal year three years prior to the fiscal year in which the set-asideis to be made, an amount equal to 1/2 of the state sales and use tax revenues generated above the3% increase shall be calculated by the commission and set aside by the state treasurer forappropriation to the account.
(c) Total monies to be appropriated to the account in any fiscal year under Subsections(8)(a) and (b) may not exceed the amount in the account under this section in the fiscal yearimmediately preceding the current fiscal year by more than $3,000,000.
(d) As used in this Subsection (8), "sales of tourism-oriented goods and services" arethose sales by businesses registered with the State Tax Commission under the following codes ofthe 1997 North American Industry Classification System of the federal Executive Office of thePresident, 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) For the fiscal year beginning on July 1, 2009, $6,000,000 of ongoing monies in theaccount shall be transferred to the General Fund.
Amended by Chapter 394, 2009 General Session