Chief Sponsor: Raymond P. Ward

Senate Sponsor: ____________


9     General Description:
10          This joint resolution of the Legislature proposes to amend the Utah Constitution to
11     modify provisions relating to education.
12     Highlighted Provisions:
13          This resolution proposes to amend the Utah Constitution to:
14          ▸     repeal a provision requiring taxes on intangible property and income to be used to
15     support public and higher education;
16          ▸     require the Legislature to provide sufficient funding for the establishment and
17     maintenance of the state's education systems; and
18          ▸     modify a provision requiring the public education system to be open to all children
19     of the state to require instead that the public education system provide an adequate
20     education to all children of the state.
21     Special Clauses:
22          This resolution directs the lieutenant governor to submit this proposal to voters.
23          This resolution provides a contingent effective date of January 1, 2021 for this proposal.
24     Utah Constitution Sections Affected:
25     AMENDS:
26          ARTICLE X, SECTION 1


29     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
30     of the two houses voting in favor thereof:
31          Section 1. It is proposed to amend Utah Constitution, Article X, Section 1, to read:
32          Article X, Section 1. [Free nonsectarian schools.]
33          The Legislature shall provide sufficient funding for the establishment and maintenance
34     of the state's education systems including: (a) a public education system, which shall [be open]
35     provide an adequate education to all children of the state; and (b) a higher education system.
36     Both systems shall be free from sectarian control.
37          Section 2. It is proposed to amend Utah Constitution, Article XIII, Section 5, to read:
38          Article XIII, Section 5. [Use and amount of taxes and expenditures.]
39          (1) (a) The Legislature shall provide by statute for an annual tax sufficient, with other
40     revenues, to defray the estimated ordinary expenses of the State for each fiscal year.
41          (b) If the ordinary expenses of the State will exceed revenues for a fiscal year, the
42     Governor shall:
43          (i) reduce all State expenditures on a pro rata basis, except for expenditures for debt of
44     the State; or
45          (ii) convene the Legislature into session under Article VII, Section 6 to address the
46     deficiency.
47          (2) (a) For any fiscal year, the Legislature may not make an appropriation or authorize
48     an expenditure if the State's expenditure exceeds the total tax provided for by statute and
49     applicable to the particular appropriation or expenditure.
50          (b) Subsection (2)(a) does not apply to an appropriation or expenditure to suppress
51     insurrection, defend the State, or assist in defending the United States in time of war.
52          (3) For any debt of the State, the Legislature shall provide by statute for an annual tax
53     sufficient to pay:
54          (a) the annual interest; and
55          (b) the principal within 20 years after the final passage of the statute creating the debt.
56          (4) Except as provided in Article X, Section 5, Subsection (5)(a), the Legislature may
57     not impose a tax for the purpose of a political subdivision of the State, but may by statute
58     authorize political subdivisions of the State to assess and collect taxes for their own purposes.

59          [(5) All revenue from taxes on intangible property or from a tax on income shall be
60     used to support the systems of public education and higher education as defined in Article X,
61     Section 2.]
62          [(6)] (5) Proceeds from fees, taxes, and other charges related to the operation of motor
63     vehicles on public highways and proceeds from an excise tax on liquid motor fuel used to
64     propel those motor vehicles shall be used for:
65          (a) statutory refunds and adjustments and costs of collection and administration;
66          (b) the construction, maintenance, and repair of State and local roads, including
67     payment for property taken for or damaged by rights-of-way and for associated administrative
68     costs;
69          (c) driver education;
70          (d) enforcement of state motor vehicle and traffic laws; and
71          (e) the payment of the principal of and interest on any obligation of the State or a city
72     or county, issued for any of the purposes set forth in Subsection [(6)] (5)(b) and to which any of
73     the fees, taxes, or other charges described in this Subsection [(6)] (5) have been pledged,
74     including any paid to the State or a city or county, as provided by statute.
75          [(7)] (6) Fees and taxes on tangible personal property imposed under Section 2,
76     Subsection (6) of this article are not subject to Subsection [(6)] (5) of this Section 5 and shall
77     be distributed to the taxing districts in which the property is located in the same proportion as
78     that in which the revenue collected from real property tax is distributed.
79          [(8)] (7) A political subdivision of the State may share its tax and other revenues with
80     another political subdivision of the State as provided by statute.
81          [(9)] (8) Beginning July 1, 2016, the aggregate annual revenue from all severance
82     taxes, as those taxes are defined by statute, except revenue that by statute is used for purposes
83     related to any federally recognized Indian tribe, shall be deposited annually into the permanent
84     State trust fund under Article XXII, Section 4, as follows:
85          (a) 25% of the first $50,000,000 of aggregate annual revenue;
86          (b) 50% of the next $50,000,000 of aggregate annual revenue; and
87          (c) 75% of the aggregate annual revenue that exceeds $100,000,000.
88          Section 3. Submittal to voters.
89          The lieutenant governor is directed to submit this proposed amendment to the voters of

90     the state at the next regular general election in the manner provided by law.
91          Section 4. Contingent effective date.
92          If the amendment proposed by this joint resolution is approved by a majority of those
93     voting on it at the next regular general election, the amendment shall take effect on January 1,
94     2021.