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H.J.R. 30 Enrolled






Sponsor: David Clark

                  Douglas C. Aagard
                  Sheryl L. Allen
                  Patrice M. Arent
                  Ralph Becker
                  Jackie Biskupski
                  DeMar Bud Bowman
                  Afton B. Bradshaw
                  Katherine M. Bryson
                  Craig W. Buttars
                  Margaret Dayton
                  James A. FerrinBen C. Ferry
Kevin S. Garn
James R. Gowans
Neil A. Hansen
Wayne A. Harper
Thomas V. Hatch
Neal B. Hendrickson
Kory M. Holdaway
Bradley T. Johnson
Brad King
Rebecca D. LockhartSteven R. Mascaro
Ty McCartney
Darin G. Peterson
Paul Ray
Carl R. Saunders
Michael R. Styler
John E. Swallow
Matt Throckmorton
Stephen H. Urquhart
Peggy Wallace
Glenn L. Way                   This joint resolution of the Legislature proposes to amend the Utah Constitution to add a
                  property tax exemption for property not owned but under the control of the state or a
                  political subdivision. This joint resolution directs the lieutenant governor to submit the
                  proposal to voters and provides an effective date.
                  This resolution proposes to change the Utah Constitution as follows:
                      ARTICLE XIII, SECTION 2
                  Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of
                  the two houses voting in favor thereof:
                      Section 1. It is proposed to amend Utah Constitution Article XIII, Section 2, to read:
                       Article XIII, Section 2. [Tangible property to be taxed -- Value ascertained --
                  Exemptions -- Remittance or abatement of taxes of poor -- Intangible property -- Legislature
                  to provide annual tax for state.]
                      (1) All tangible property in the State, not exempt under the laws of the United States, or
                  under this Constitution, shall be taxed at a uniform and equal rate in proportion to its value, to be
                  ascertained as provided by law.

                      (2) The following are property tax exemptions:
                      (a) the property of the State, school districts, and public libraries;
                      (b) the property of counties, cities, towns, special districts, and all other political
                  subdivisions of the State, except that to the extent and in the manner provided by the Legislature the
                  property of a county, city, town, special district, or other political subdivision of the State located
                  outside of its geographic boundaries as defined by law may be subject to the ad valorem property tax;
                      (c) property owned by a nonprofit entity which is used exclusively for religious, charitable,
                  or educational purposes;
                      (d) places of burial not held or used for private or corporate benefit; and
                      (e) farm equipment and farm machinery as defined by statute. This exemption shall be
                  implemented over a period of time as provided by statute.
                      (3) Tangible personal property present in Utah on January 1, held for sale or processing and
                  which is shipped to final destination outside this State within twelve months may be deemed by law
                  to have acquired no situs in Utah for purposes of ad valorem property taxation and may be exempted
                  by law from such taxation, whether manufactured, processed or produced or otherwise originating
                  within or without the State.
                      (4) Tangible personal property present in Utah on January 1, held for sale in the ordinary
                  course of business and which constitutes the inventory of any retailer, or wholesaler or manufacturer
                  or farmer, or livestock raiser may be deemed for purposes of ad valorem property taxation to be
                      (5) Water rights, ditches, canals, reservoirs, power plants, pumping plants, transmission
                  lines, pipes and flumes owned and used by individuals or corporations for irrigating land within the
                  State owned by such individuals or corporations, or the individual members thereof, shall be
                  exempted from taxation to the extent that they shall be owned and used for such purposes.
                      (6) Power plants, power transmission lines and other property used for generating and
                  delivering electrical power, a portion of which is used for furnishing power for pumping water for
                  irrigation purposes on lands in the State of Utah, may be exempted from taxation to the extent that
                  such property is used for such purposes. These exemptions shall accrue to the benefit of the users

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                  of water so pumped under such regulations as the Legislature may prescribe.
                      (7) The taxes of the poor may be remitted or abated at such times and in such manner as may
                  be provided by law.
                      (8) The Legislature may provide by law for the exemption from taxation: of not to exceed
                  45% of the fair market value of residential property as defined by law; and all household furnishings,
                  furniture, and equipment used exclusively by the owner thereof at his place of abode in maintaining
                  a home for himself and family.
                      (9) Property owned by disabled persons who were disabled in the line of duty during any
                  war, international conflict, or military training in the military service of the United States or of the
                  State of Utah and by the unmarried surviving spouses and minor orphans of such disabled persons
                  or of persons who during any war, international conflict, or military training in the military service
                  of the United States or the State of Utah were killed in action or died in the line of duty as a result
                  of such service may be exempted as the Legislature may provide.
                      (10) Intangible property may be exempted from taxation as property or it may be taxed as
                  property in such manner and to such extent as the Legislature may provide, but if taxed as property
                  the income therefrom shall not also be taxed. Provided that if intangible property is taxed as
                  property the rate thereof shall not exceed five mills on each dollar of valuation.
                      (11) The Legislature shall provide by law for an annual tax sufficient, with other sources of
                  revenue, to defray the estimated ordinary expenses of the State for each fiscal year. For the purpose
                  of paying the State debt, if any there be, the Legislature shall provide for levying a tax annually,
                  sufficient to pay the annual interest and to pay the principal of such debt, within twenty years from
                  the final passage of the law creating the debt.
                      (12) Property that is not owned but is used, controlled, and possessed by the State or a
                  political subdivision of the State may be exempted from property tax as provided by statute.
                      Section 2. Submittal to voters.
                      The lieutenant governor is directed to submit this proposed amendment to the voters of the
                  state at the next regular general election in the manner provided by law.
                      Section 3. Effective date.

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                      If the amendment proposed by this joint resolution is approved by a majority of those voting
                  on it at the next regular general election, the amendment shall take effect on January 1, 2003.

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