Constitutional Amendment A Ballot Title
Shall the Utah Constitution be amended to allow income tax money to be used for all state needs and prioritize public education funding for changes in enrollment and inflation? If this amendment is approved, state statute will eliminate the state sales tax on food.
PROPOSAL TO AMEND UTAH CONSTITUTION – INCOME TAX
2023 General Session
Utah Constitution Sections Affected:
AMENDS:
ARTICLE XIII, SECTION 5
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof:
Section 1. It is proposed to amend Utah Constitution, Article XIII, Section 5, to read:
Article XIII, Section 5. [Use and amount of taxes and expenditures.]
(1) (a) The Legislature shall provide by statute for an annual tax sufficient, with other revenues, to defray the estimated ordinary expenses of the State for each fiscal year.
(b) If the ordinary expenses of the State will exceed revenues for a fiscal year, the Governor shall:
(i) reduce all State expenditures on a pro rata basis, except for expenditures for debt of the State; or
(ii) convene the Legislature into session under Article VII, Section 6 to address the deficiency.
(2) (a) For any fiscal year, the Legislature may not make an appropriation or authorize an expenditure if the State’s expenditure exceeds the total tax provided for by statute and applicable to the particular appropriation or expenditure.
(b) Subsection (2)(a) does not apply to an appropriation or expenditure to suppress insurrection, defend the State, or assist in defending the United States in time of war.
(3) For any debt of the State, the Legislature shall provide by statute for an annual tax sufficient to pay:
(a) the annual interest; and
(b) the principal within 20 years after the final passage of the statute creating the debt.
(4) Except as provided in Article X, Section 5, Subsection (5)(a), the Legislature may not impose a tax for the purpose of a political subdivision of the State, but may by statute authorize political subdivisions of the State to assess and collect taxes for their own purposes.
(5) All revenue from taxes on intangible property or from a tax on income shall be used:
(a) to support the systems of public education and higher education as defined in Article X, Section 2; [and]
(b) to maintain a statutory public education funding framework that:
(i) uses a portion of revenue growth for expenditures from the Uniform School Fund for changes in student enrollment and long-term inflation; and
(ii) provides a budgetary stabilization account;
[(b)] (c) to support children and to support individuals with a disability[.]; and
(d) to support other state needs after the fulfillment of the requirements in Subsection (5)(b).
(6) Proceeds from fees, taxes, and other charges related to the operation of motor vehicles on public highways and proceeds from an excise tax on liquid motor fuel used to propel those motor vehicles shall be used for:
(a) statutory refunds and adjustments and costs of collection and administration;
(b) the construction, maintenance, and repair of State and local roads, including payment for property taken for or damaged by rights-of-way and for associat- ed administrative costs;
(c) driver education;
(d) enforcement of state motor vehicle and traffic laws; and
(e) the payment of the principal of and interest on any obligation of the State or a city or county, issued for any of the purposes set forth in Subsection (6)(b) and to which any of the fees, taxes, or other charges described in this Subsection (6) have been pledged, including any paid to the State or a city or county, as provided by statute.
(7) Fees and taxes on tangible personal property imposed under Section 2, Subsection (6) of this article are not subject to Subsection (6) of this Section 5 and shall be distributed to the taxing districts in which the property is located in the same proportion as that in which the revenue collected from real property tax is distributed.
(8) A political subdivision of the State may share its tax and other revenues with another political subdivision of the State as provided by statute.
(9) Beginning July 1, 2016, the aggregate annual revenue from all severance taxes, as those taxes are defined by statute, except revenue that by statute is used for purposes related to any federally recognized Indian tribe, shall be deposited annually into the permanent State trust fund under Article XXII, Section 4, as follows:
(a) 25% of the first $50,000,000 of aggregate annual revenue;
(b) 50% of the next $50,000,000 of aggregate annual revenue; and
(c) 75% of the aggregate annual revenue that exceeds $100,000,000. Section 2. Submittal to voters.
The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law.
Section 3. Contingent effective date.
If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2025.
Constitutional Amendment B
Ballot Title
Shall the Utah Constitution be amended to increase the limit on the annual distributions from the State School Fund to public schools from 4% to 5% of the fund?
PROPOSAL TO AMEND UTAH CONSTITUTION – STATE SCHOOL FUND
2023 General Session
Utah Constitution Sections Affected:
AMENDS:
ARTICLE X, SECTION 5
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof:
Section 1. It is proposed to amend Utah Constitution, Article X, Section 5, to read:
Article X, Section 5. [State School Fund and Uniform School Fund — Establishment and use — Debt guaranty.]
(1) There is established a permanent State School Fund which consists of:
(a) proceeds from the sales of all lands granted by the United States to this state for the support of the public elementary and secondary schools;
(b) 5% of the net proceeds from the sales of United States public lands lying within this state;
(c) all revenues derived from nonrenewable resources on state lands, other than sovereign lands and lands granted for other specific purposes;
(d) all revenues derived from the use of school trust lands;
(e) revenues appropriated by the Legislature; and
(f) other revenues and assets received by the permanent State School Fund under any other provision of law or by bequest or donation.
(2) (a) The permanent State School Fund shall be prudently invested by the state and shall be held by the state in perpetuity.
(b) Only earnings received from investment of the permanent State School Fund may be distributed from the fund, and any distribution from the fund shall be
for the support of the public education system as defined in Article X, Section 2 of this constitution.
(c) Annual distributions from the permanent State School Fund under Subsection (2)(b) may not exceed [4%] 5% of the fund, calculated as provided by statute.
(d) The Legislature may make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands consistent with the state’s fiduciary responsibilities towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the permanent State School Fund.
(e) The permanent State School Fund shall be guaranteed by the state against loss or diversion.
(3) There is established a Uniform School Fund which consists of:
(a) money from the permanent State School Fund;
(b) revenues appropriated by the Legislature; and
(c) other revenues received by the Uniform School Fund under any other provision of law or by donation.
(4) The Uniform School Fund shall be maintained and used for the support of the state’s public education system as defined in Article X, Section 2 of this constitution and apportioned as the Legislature shall provide.
(5) (a) Notwithstanding Article VI, Section 29, the State may guarantee the debt of school districts created in accordance with Article XIV, Section 3, and may guarantee debt incurred to refund the school district debt. Any debt guaranty, the school district debt guaranteed thereby, or any borrowing of the state undertaken to facilitate the payment of the state’s obligation under any debt guaranty shall not be included as a debt of the state for purposes of the 1.5% limitation of Article XIV, Section 1.
(b) The Legislature may provide that reimbursement to the state shall be obtained from monies which otherwise would be used for the support of the educa- tional programs of the school district which incurred the debt with respect to which a payment under the state’s guaranty was made.
Section 2. Submittal to voters.
The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law.
Section 3. Contingent effective date.
If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2025.
Constitutional Amendment C Ballot Title
Shall the Utah Constitution be amended to have the office of county sheriff be elected by voters?
PROPOSAL TO AMEND UTAH CONSTITUTION – ELECTION OF COUNTY SHERIFFS
2023 General Session
Utah Constitution Sections Affected:
ENACTS:
ARTICLE XI, SECTION 10
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof:
Section 1. It is proposed to enact Utah Constitution Article XI, Section 10, to read:
Article XI, Section 10. [Election of County Sheriffs.]
(1) Each county shall have an office of county sheriff.
(2) The office of county sheriff is an elected office.
(3) Their term of office shall be four years from the first day of January next after their election. Section 2. Submittal to voters.
The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law.
Section 3. Contingent effective date.
If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2025.
Constitutional Amendment D 2024 Fourth Special Session House Joint Resolution (S.J.R) 401
Proposal to Amend Utah Constitution – Voter Legislative Power
Ballot Title
Should the Utah Constitution be changed to strengthen the initiative process by:
– Prohibiting foreign influence on ballot initiatives and referendums.
– Clarifying the voters and legislative bodies’ ability to amend laws.
If approved, state law would also be changed to:
– Allow Utah citizens 50% more time to gather signatures for a statewide referendum.
– Establish requirements for the legislature to follow the intent of a ballot initiative.
PROPOSAL TO AMEND UTAH CONSTITUTION – VOTER LEGISLATIVE POWER
2024 Fourth Special Session
Utah Constitution Sections Affected:
AMENDS:
ARTICLE I, SECTION 2 ARTICLE VI, SECTION 1
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof:
Section 1. It is proposed to amend Utah Constitution, Article I, Section 2, to read:
Article I, Section 2 . All political power inherent in the people
All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government through the processes established in Article VI, Section 1, Subsection (2), or through Article XXIII as the public welfare may require.
Section 2. It is proposed to amend Utah Constitution, Article VI, Section 1, to read:
Article VI, Section 1 . Power vested in Senate, House, and People — Prohibition of foreign influence on initiatives and referenda.
(1) The Legislative power of the State shall be vested in:
(a) a Senate and House of Representatives which shall be designated the Legislature of the State of Utah; and
(b) the people of the State of Utah as provided in Subsection (2).
(2)(a)(i) The legal voters of the State of Utah, in the numbers, under the conditions, in the manner, and within the time provided by statute, may:
(A) initiate any desired legislation and cause it to be submitted to the people for adoption upon a majority vote of those voting on the legislation, as provided by statute; or
(B) require any law passed by the Legislature, except those laws passed by a two-thirds vote of the members elected to each house of the Legislature, to be submitted to the voters of the State, as provided by statute, before the law may take effect.
(ii) Notwithstanding Subsection (2)(a)(i)(A), legislation initiated to allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife shall be adopted upon approval of two-thirds of those voting.
(b) The legal voters of any county, city, or town, in the numbers, under the conditions, in the manner, and within the time provided by statute, may:
(i) initiate any desired legislation and cause it to be submitted to the people of the county, city, or town for adoption upon a majority vote of those voting on the legislation, as provided by statute; or
(ii) require any law or ordinance passed by the law making body of the county, city, or town to be submitted to the voters thereof, as provided by statute, before the law or ordinance may take effect.
(3)(a) Foreign individuals, entities, or governments may not, directly or indirectly, influence, support, or oppose an initiative or a referendum.
(b) The Legislature may provide, by statute, definitions, scope, and enforcement of the prohibition under Subsection (3)(a).
(4) Notwithstanding any other provision of this Constitution, the people’s exercise of their Legislative power as provided in Subsection (2) does not limit or preclude the exercise of Legislative power, including through amending, enacting, or repealing a law, by the Legislature, or by a law making body of a county, city, or town, on behalf of the people whom they are elected to represent.
Section 3. Submittal to voters.
The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law.
Section 4. Contingent effective date.
If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2025 .
Section 5. Retrospective operation.
The actions affecting Article I, Section 2 and Article VI, Section 1, Subsection (4) have retrospective operation.
Published in the ETV Newspaper September 18, 2024.