Article XIII Section 5

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Index	Constitution
Article XIII	Revenue and Taxation
Article XIII, Section 5	[Use and amount of taxes and expenditures.] *(Effective 1/1/2021)*

Effective 1/1/2021
Article XIII, Section 5. [Use and amount of taxes and expenditures.]

(1)

(a)	The Legislature shall provide by statute for an annual tax sufficient, with other revenues, to defray the estimated ordinary expenses of the State for each fiscal year.

(b)

If the ordinary expenses of the State will exceed revenues for a fiscal year, the Governor shall:

(i)	reduce all State expenditures on a pro rata basis, except for expenditures for debt of the State; or

(ii)	convene the Legislature into session under Article VII, Section 6 to address the deficiency.

(2)

(a)	For any fiscal year, the Legislature may not make an appropriation or authorize an expenditure if the State's expenditure exceeds the total tax provided for by statute and applicable to the particular appropriation or expenditure.

(b)	Subsection (2)(a) does not apply to an appropriation or expenditure to suppress insurrection, defend the State, or assist in defending the United States in time of war.

(3)

For any debt of the State, the Legislature shall provide by statute for an annual tax sufficient to pay:

(a)	the annual interest; and

(b)	the principal within 20 years after the final passage of the statute creating the debt.

(4)	Except as provided in Article X, Section 5, Subsection (5)(a), the Legislature may not impose a tax for the purpose of a political subdivision of the State, but may by statute authorize political subdivisions of the State to assess and collect taxes for their own purposes.

(5)

All revenue from taxes on intangible property or from a tax on income shall be used:

(a)	to support the systems of public education and higher education as defined in Article X, Section 2; and

(b)	to support children and to support individuals with a disability.

(6)

Proceeds from fees, taxes, and other charges related to the operation of motor vehicles on public highways and proceeds from an excise tax on liquid motor fuel used to propel those motor vehicles shall be used for:

(a)	statutory refunds and adjustments and costs of collection and administration;

(b)	the construction, maintenance, and repair of State and local roads, including payment for property taken for or damaged by rights-of-way and for associated administrative costs;

(c)	driver education;

(d)	enforcement of state motor vehicle and traffic laws; and

(e)

the payment of the principal of and interest on any obligation of the State or a city or county, issued for any of the purposes set forth in Subsection (6)(b) and to which any of the fees, taxes, or other charges described in this Subsection (6) have been pledged, including any paid to the State or a city or county, as provided by statute.

(7)

Fees and taxes on tangible personal property imposed under Section 2, Subsection (6) of this article are not subject to Subsection (6) of this Section 5 and shall be distributed to the taxing districts in which the property is located in the same proportion as that in which the revenue collected from real property tax is distributed.

(8)	A political subdivision of the State may share its tax and other revenues with another political subdivision of the State as provided by statute.

(9)

Beginning July 1, 2016, the aggregate annual revenue from all severance taxes, as those taxes are defined by statute, except revenue that by statute is used for purposes related to any federally recognized Indian tribe, shall be deposited annually into the permanent State trust fund under Article XXII, Section 4, as follows:

(a)	25% of the first $50,000,000 of aggregate annual revenue;

(b)	50% of the next $50,000,000 of aggregate annual revenue; and

(c)	75% of the aggregate annual revenue that exceeds $100,000,000.

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