H.J.R. 16

1

JOINT RESOLUTION REGARDING TAX AND FEE
2 CHANGES
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kraig Powell
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This joint resolution of the Legislature proposes to amend the Utah Constitution to
11 modify requirements for increasing or decreasing a state or local tax or fee.
12 Highlighted Provisions:
13 This resolution proposes to amend the Utah Constitution to:
14 . require a two-thirds vote of a legislative or governing body at the state or local level
15 when enacting any tax increase or decrease or certain fee change.
16 Special Clauses:
17 This resolution directs the lieutenant governor to submit this proposal to voters.
18 This resolution provides a contingent effective date of January 1, 2013, for this
19 proposal.
20 Utah Constitution Sections Affected:
21 AMENDS:
22 ARTICLE VI, SECTION 22
23 ENACTS:
24 ARTICLE XI, SECTION 10
25
26 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
27 of the two houses voting in favor thereof:

28 Section 1. It is proposed to amend Utah Constitution Article VI, Section 22, to read:
29 Article VI, Section 22. [Reading of bills -- Bills to contain only one subject --
30 Final passage vote to be entered on journals -- Assent required for passage of bills and
31 joint resolutions.]
32 (1) Every bill shall be read by title three separate times in each house except in cases
33 where two-thirds of the house where such bill is pending suspend this requirement.
34 (2) Except general appropriation bills and bills for the codification and general revision
35 of laws, no bill shall be passed containing more than one subject, which shall be clearly
36 expressed in its title.
37 (3) The vote upon the final passage of all bills shall be by yeas and nays and entered
38 upon the respective journals of the house in which the vote occurs.
39 (4) No bill or joint resolution shall be passed except with the assent of the majority of
40 all the members elected to each house of the Legislature[.], except that the assent of two-thirds
41 of all members elected to each house is required for any bill that provides for:
42 (a) a tax increase or decrease;
43 (b) a fee increase if the increased fee will generate revenue exceeding the actual cost of
44 providing the service for which the fee is charged; or
45 (c) a fee decrease if the decreased fee will generate revenue that is insufficient to cover
46 the actual cost of providing the service for which the fee is charged.
47 Section 2. It is proposed to enact Utah Constitution Article XI, Section 10, to read:
48 Article XI, Section 10. [Approval of two-thirds of legislative or governing body
49 required for tax increase.]
50 The approval of two-thirds of the legislative body or governing body, as applicable, is
51 required for a county, city, town, school district, special service district, local district, or other
52 political subdivision of the state to enact any measure that provides for:
53 (1) a tax increase or decrease;
54 (2) a fee increase if the increased fee will generate revenue exceeding the actual cost of
55 providing the service for which the fee is charged; or
56 (3) a fee decrease if the decreased fee will generate revenue that is insufficient to cover
57 the actual cost of providing the service for which the fee is charged.
58 Section 3. Submittal to voters.

59 The lieutenant governor is directed to submit this proposed amendment to the voters of
60 the state at the next regular general election in the manner provided by law.
61 Section 4. Effective date.
62 If the amendment proposed by this joint resolution is approved by a majority of those
63 voting on it at the next regular general election, the amendment shall take effect on January 1,
64 2013.




Legislative Review Note
as of 1-27-11 12:44 PM

Office of Legislative Research and General Counsel