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8 LONG TITLE
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
27 ARTICLE XIII, SECTION 5
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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 [
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.
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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 [
73 the fees, taxes, or other charges described in this Subsection [
74 including any paid to the State or a city or county, as provided by statute.
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76 Subsection (6) of this article are not subject to Subsection [
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.
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80 another political subdivision of the State as provided by statute.
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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.