Senator Daniel McCay proposes the following substitute bill:


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PROPOSAL TO AMEND UTAH CONSTITUTION - REVENUE

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AND TAXATION

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2023 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Daniel McCay

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House Sponsor: Steve Eliason

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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 property tax.
12     Highlighted Provisions:
13          This resolution proposes to amend the Utah Constitution to:
14          ▸     prohibit the State, or a political subdivision of the State, from imposing a tax on the
15     transfer of real property.
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, 2025 for this proposal.
19     Utah Constitution Sections Affected:
20     AMENDS:
21          Article XIII, Section 3
22     

23     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
24     of the two houses voting in favor thereof:
25          Section 1. It is proposed to amend Utah Constitution, Article XIII, Section 3, to read:

26          Article XIII, Section 3. [Property tax exemptions.]
27          (1) The following are exempt from property tax:
28          (a) property owned by the State;
29          (b) property owned by a public library;
30          (c) property owned by a school district;
31          (d) property owned by a political subdivision of the State, other than a school district,
32     and located within the political subdivision;
33          (e) property owned by a political subdivision of the State, other than a school district,
34     and located outside the political subdivision unless the Legislature by statute authorizes the
35     property tax on that property;
36          (f) property owned by a nonprofit entity used exclusively for religious, charitable, or
37     educational purposes;
38          (g) places of burial not held or used for private or corporate benefit;
39          (h) farm equipment and farm machinery as defined by statute;
40          (i) water rights, reservoirs, pumping plants, ditches, canals, pipes, flumes, power
41     plants, and transmission lines to the extent owned and used by an individual or corporation to
42     irrigate land that is:
43          (i) within the State; and
44          (ii) owned by the individual or corporation, or by an individual member of the
45     corporation; and
46          (j) (i) if owned by a nonprofit entity and used within the State to irrigate land, provide
47     domestic water, as defined by statute, or provide water to a public water supplier:
48          (A) water rights; and
49          (B) reservoirs, pumping plants, ditches, canals, pipes, flumes, and, as defined by
50     statute, other water infrastructure;
51          (ii) land occupied by a reservoir, ditch, canal, or pipe that is exempt under Subsection
52     (1)(j)(i)(B) if the land is owned by the nonprofit entity that owns the reservoir, ditch, canal, or
53     pipe; and
54          (iii) land immediately adjacent to a reservoir, ditch, canal, or pipe that is exempt under
55     Subsection (1)(j)(i)(B) if the land is:
56          (A) owned by the nonprofit entity that owns the adjacent reservoir, ditch, canal, or

57     pipe; and
58          (B) reasonably necessary for the maintenance or for otherwise supporting the operation
59     of the reservoir, ditch, canal, or pipe.
60          (2) (a) The Legislature may by statute exempt the following from property tax:
61          (i) tangible personal property constituting inventory present in the State on January 1
62     and held for sale in the ordinary course of business;
63          (ii) tangible personal property present in the State on January 1 and held for sale or
64     processing and shipped to a final destination outside the State within 12 months;
65          (iii) subject to Subsection (2)(b), property to the extent used to generate and deliver
66     electrical power for pumping water to irrigate lands in the State;
67          (iv) up to 45% of the fair market value of residential property, as defined by statute;
68          (v) household furnishings, furniture, and equipment used exclusively by the owner of
69     that property in maintaining the owner's home; and
70          (vi) tangible personal property that, if subject to property tax, would generate an
71     inconsequential amount of revenue.
72          (b) The exemption under Subsection (2)(a)(iii) shall accrue to the benefit of the users
73     of pumped water as provided by statute.
74          (3) The following may be exempted from property tax as provided by statute:
75          (a) property owned by a disabled person who, during military training or a military
76     conflict, was disabled in the line of duty in the military service of the United States or the State;
77          (b) property owned by the unmarried surviving spouse or the minor orphan of a person
78     who:
79          (i) is described in Subsection (3)(a); or
80          (ii) during military training or a military conflict, was killed in action or died in the line
81     of duty in the military service of the United States or the State; and
82          (c) real property owned by a person in the military or the person's spouse, or both, and
83     used as the person's primary residence, if the person serves under an order to federal active duty
84     out of state for at least 200 days in a continuous 365-day period.
85          (4) The Legislature may by statute provide for the remission or abatement of the taxes
86     of the poor.
87          (5) The State and its political subdivisions are prohibited from imposing a tax on the

88     transfer of real property.
89          Section 2. Submittal to voters.
90          The lieutenant governor is directed to submit this proposed amendment to the voters of
91     the state at the next regular general election in the manner provided by law.
92          Section 3. Contingent effective date.
93          If the amendment proposed by this joint resolution is approved by a majority of those
94     voting on it at the next regular general election, the amendment shall take effect on January 1,
95     2025.