H.B. 197

1

USE OF INCOME TAX REVENUES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Kevin S. Garn
5 AN ACT RELATING TO INCOME TAX REVENUE; PROVIDING THAT INCOME TAX
6 REVENUES SHALL BE DEPOSITED INTO THE UNIFORM SCHOOL FUND, EXCEPT
7 FOR THOSE APPROPRIATED TO THE STATE'S HIGHER EDUCATION SYSTEM; AND
8 PROVIDING AN EFFECTIVE DATE.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53A-16-101, as last amended by Chapter 12, Laws of Utah 1996, Second Special Session
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 53A-16-101 is amended to read:
14 53A-16-101. Uniform School Fund -- Sources enumerated.
15 (1) The Uniform School Fund established by Utah Constitution, Article X, [Sec.] Section
16 5, [of the Utah Constitution] consists of money received in the state treasury from the following
17 sources:
18 (a) interest on the State School Fund;
19 (b) escheats and forfeitures and proceeds from the sale or other disposition of property that
20 may accrue to the state by escheat or forfeiture, except under Section 58-37-13, regarding
21 controlled substances, and Section 41-6-13.7, regarding vehicles involved in police pursuits;
22 (c) unclaimed shares and proceeds from the sale or other disposition of those shares and
23 unclaimed dividends of any corporation incorporated under Utah law;
24 (d) all revenues derived from renewable resources on school and state lands, other than
25 those granted for specific purposes;
26 (e) the proceeds derived from the leasing or renting of school lands and other state lands,
27 including all forfeitures, penalties, and grazing and other fees received in connection with the

1 leases and rentals;
2 (f) money received from leases or rentals of land acquired by the state through foreclosure
3 of mortgages securing common school funds or through deeds from mortgagors or owners of those
4 lands; and
5 (g) all other constitutional or legislative allocations to the fund, including revenues
6 received under Utah Constitution, Article XIII, [Sec.] Section 12(3), [of the Utah Constitution]
7 from taxes on income or intangible property, except for those income tax revenues appropriated
8 to the state's higher education system.
9 [(2) Notwithstanding Subsection (1)(g), for fiscal year 1996-97, $38,864,000 of revenues
10 from taxes on income shall not be deposited in the Uniform School Fund but shall be used to fund
11 the higher education system.]
12 Section 2. Effective date.
13 If approved by two-thirds of all members elected to each house, this act takes effect upon
14 approval by the governor, or the day following the constitutional time limit of Utah Constitution
15 Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
16 override, except that Subsection 53A-16-101(2) changes take effect on July 1, 1997.




Legislative Review Note
as of 12-5-96 1:31 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 2 -