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H.J.R. 13 Enrolled

             1     

JOINT RESOLUTION - TAX OPINION QUESTION

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Gregory H. Hughes

             5     
Senate Sponsor: Ralph Okerlund

             6     
             7      LONG TITLE
             8      General Description:
             9          This joint resolution authorizes the Legislature to present an opinion question to the
             10      registered voters of the state to impose a state sales and use tax to support and enhance
             11      heritage, arts, culture, and museums throughout the state.
             12      Highlighted Provisions:
             13          This resolution:
             14          .    pursuant to Section 36-16a-102 , authorizes the Legislature to present an opinion
             15      question to the legal voters on the ballot of the 2012 regular general election to
             16      impose a state sales and use tax to support and enhance heritage, arts, culture, and
             17      museums throughout the state in an amount equal to the difference between .15%
             18      and a tax imposed by counties, cities, and towns under Title 59, Chapter 12, Part 7,
             19      County Option Funding for Botanical, Cultural, Recreational, and Zoological
             20      Organizations or Facilities, and Part 14, City or Town Option Funding for
             21      Botanical, Cultural, Recreational, and Zoological Organizations or Facilities; and
             22          .    directs the lieutenant governor to submit the opinion question to the legal voters on
             23      the ballot of the 2012 regular general election pursuant to this resolution and
             24      Sections 36-16a-101 through 36-16a-108 .
             25      Special Clauses:
             26          None
             27     
             28      Be it resolved by the Legislature of the state of Utah:
             29          WHEREAS, Utah has a long history of supporting and preserving the state's heritage,


             30      arts, culture, and museums dating to the days of the first pioneers in 1847;
             31          WHEREAS, the state's heritage, arts, culture, and museums have become an integral
             32      part of Utah's rich tradition and significantly contribute to the state's economic development;
             33          WHEREAS, all Utahns benefit from the state's heritage, arts, culture, and museums;
             34          WHEREAS, the state's heritage, arts, culture, and museums need a dependable source
             35      of revenue in order to continue and be preserved;
             36          WHEREAS, Title 59, Chapter 12, Part 7 enables counties to ask for the opinion of their
             37      residents concerning the imposition of a sales and use tax of .10% to support cultural facilities,
             38      recreational facilities, zoological facilities, botanical organizations, cultural organizations,
             39      zoological organizations, and rural radio stations;
             40          WHEREAS, Title 59, Chapter 12, Part 14 enables a city or town to ask for the opinion
             41      of its residents concerning the imposition of a sales and use tax of .10% to support cultural
             42      facilities, recreational facilities, zoological facilities, botanical organizations, cultural
             43      organizations, and zoological organizations in that city or town;
             44          WHEREAS, the Legislature wants to know if Utah's legal voters would support the
             45      imposition of a statewide sales and use tax to support Utah's heritage, arts, culture, and
             46      museums;
             47          WHEREAS, revenue generated from a statewide sales and use tax could be used as a
             48      reliable source of state revenue to support Utah's heritage, arts, culture, and museums, that have
             49      the greatest economic impact in the state, and the revenue collected from the locally imposed
             50      sales and use taxes would continue to be used in counties, cities, and towns that have imposed
             51      the tax for the purposes described in Title 59, Chapter 12, Parts 7 and 14; and
             52          WHEREAS, Section 36-16a-102 authorizes the Legislature to submit non-binding
             53      opinion questions to the legal voters of Utah in a general election:
             54          NOW, THEREFORE, BE IT RESOLVED that the Legislature directs the lieutenant
             55      governor to submit the following non-binding opinion question to the legal voters of Utah at
             56      the regular general election to be held November 6, 2012:
             57          1. Imposing a statewide sales and use tax will help preserve Utah's heritage, arts,


             58      culture, and museums and will not interfere with the sales and use taxes counties, cities, and
             59      towns have already imposed to support cultural, recreational, and other public purposes.
             60          2. The state sales and use tax rate would be no higher than the difference between .15%
             61      and the rate the boundaries of an unincorporated area of a county, or a city or town imposed
             62      within the county under Title 59, Chapter 12, Part 7, County Option Funding for Botanical,
             63      Cultural, Recreational, and Zoological Organizations or Facilities, or Part 14, City or Town
             64      Option Funding for Botanical, Cultural, Recreational, and Zoological Organizations or
             65      Facilities. This state sales and use tax will be used to support and enhance heritage, arts,
             66      culture, and museums with the greatest economic impact in the state.
             67          3. If within the boundaries of an unincorporated area of a county, or a city or town, a
             68      tax is imposed under Title 59, Chapter 12, Part 7 or 14, the local sales and use tax rate would
             69      be .10% and the state sales and use tax rate would be no higher than .05%.
             70          4. Based on the foregoing items, the Legislature hereby submits to the legal voters for
             71      their opinion the following question:
             72          SHOULD THE STATE IMPOSE A SALES AND USE TAX RATE EQUAL TO THE
             73      DIFFERENCE BETWEEN .15% AND THE SALES AND USE TAX RATE IMPOSED
             74      WITHIN THE BOUNDARIES OF AN UNINCORPORATED AREA OF A COUNTY OR A
             75      CITY OR TOWN, under Title 59, Chapter 12, Part 7 or 14, TO SUPPORT UTAH'S
             76      HERITAGE, ARTS, CULTURE, AND MUSEUMS?
             77          YES
             78          NO
             79          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the lieutenant
             80      governor for his action in accordance with this resolution and Sections 36-16a-101 through
             81      108.


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