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Show COMPLETE TEXT OF INITIATIVE A TAX AND SPENDING LIMITATIONS (The People's Tax and Spending Umitation Amendments) ! AN ACT LIMITING RESIDENTIAL PROPERTY TAXES TO 34 OF FAIR MARKET VALUE AND ALL OTHER PROPERTY TAXES TO 1 OF FAIR MARKET VALUE, EXEMPTING CERTAIN TAXES LEVIED FOR PAYMENT OF LEGALLY INCURRED INDEBTEDNESS FROM THE LIMITATION, PLACING LIMITATIONS ON STATE GOVERNMENT APPROPRIATIONS AND REVENUE AND UPON THE TAXING AUTHORITY OF LOCAL GOVERNMENTAL UNITS BASED UPON CHANGES IN UTAH PERSONAL INCOME AND THE POPULATION OF UNITS OF GOVERNMENT, REQUIRING A VOTE OF THE PEOPLE TO IMPOSE NEW TAXES AND INCREASES IN TAXES OTHER THAN PROPERTY TAX BY LOCAL UNITS OF GOVERNMENT, AND REQUIRING RE-QUIRING THE DEPARTMENT OF EMPLOYMENT SECURITY TO ADOPT PERSONAL INCOME AND POPULATION FIGURES FOR IMPLEMENTION OF REVENUE AND APPROPRIATIONS LIMITATIONS. LIMI-TATIONS. BE IT ENACTED BY THE PEOPLE OF THE STATE OF UTAH: SECTION 1. Section 59-17-101, Utah Code Annotated 1953, as enacted by Chapter 197, Laws of Utah 1979, and renumbered by Chapter 2, Laws of Utah 1987, is repealed and re-enacted to read: 59-17-101. PURPOSE OF ACT. It is the purpose of this Chapter to place limitations on state government appropriations and revenue and upon the taxing authority of local governmental units based upon changes in Utah personal income and the population of units of government. The limitations imposed by this chapter shall be in addition to limitations on tax levies, rates, and revenue otherwise provided for by law. SECTION 2. Section 59-17-102, Utah Code Annotated 1953, as last amended by Chapters 21 and 47, Laws of Utah 1985, and renumbered by Chapter 2, Laws of Utah 1987, is repealed and re-enacted to read: 59-17-102. DEFINITIONS. As used in this chapter (1) "Local governmental unit" means any city, town, county, school district, special district, or any other political subdivision of the state. (2) "Unit of government" means the state or a local governmental unit. (3) "Legislative body" means the Legislature or the governing body of a local governmental unit. (4) "Personal income" means the total personal income of the state as measured and estimated by the Department of Employment Security. By September 1 of each year, the Department of Employment Security shall adopt final estimates of personal income. (5) "Population" means the number of residents of the state or local governmental unit, but in respect to school districts, "population" means the number of students in average daily membership. "Population" of special districts or special improvement districts shall be determined by the county in which the district is located, or in the case of districts encompassing more than one county, by the most populous county within the district. "Population" of all other units of government shall be estimated by the Department of Employment Security. By September 1 of each year, the respective school districts and counties and the Department of Employment Security shall adopt final population estimates. (6) "Per capita personal income" means the result obtained for the state by dividing personal income of the state by the state's population as pursuant to Subsections (4) and (5). (7) "Fiscal emergency" means an extraordinary occurrence requiring unanticipated and immediate expenditure to preserve the health and safety of the people. (8) "Appropriation" means appropriation or budget, whichever is appropriate. (9) "Revenue" means the revenue of the unitof govern every tax, penalty, receipt, and other monetary exaction and connected with it, except as specifically exempted by this 'f ) (10) "Security" means any bond, note, warrant I evidence of indebtedness, whether or not such bond, note w"' other evidence of indebtedness is or constitutes an "ind'ebt?1' within the meaning of any provision of the Constitution or la i state of Utah. m SECTION 3. Section 59-17-103, Utah Code Annotated 1953 as ' by Chapter 197, Laws of Utah 1979, and renumbered by cT Laws of Utah 1987, is repealed and re-enacted to read' 59 17 103. STATE APPROPRIATIONS LIMIT pntu, 1 FOR CALCULATION. There is established a state app J limit for each fiscal year beginning after June 30, 1988. For""!" these fiscal years the annual legislative appropriations forth its agencies, departments, and institutions shall not exceed th determined by the following formula in which "R" equals th i recent year's personal income for the state, "P" equals th' year's personal income for the state, and "A" equals theprin'f appropriation for the state, its agencies, departments, and ' tions, as adjusted by the exemptions provided in section 59.r I A .85 (R-l)l A maximum appropriations I The recommendations and budget analysis prepared by the Of. ' Legislative Fiscal Analyst, as required by Chapter 12 of Title 36 be strictly in compliance with the limitations imposed C Chapter. SECTION 4. Section 59-17-104, Utah Code Annotated 1953, aserii-by aserii-by Chapter 197, Laws of Utah 1979, and renumbered by Chant ' Laws of Utah 1987, is repealed and re-enacted to read- 59 -1 7-1 04. LOCAL GOVERNMENTAL UNIT REVENUE J FORMULA FOR CALCULATION. There is established art limit for local governmental units for each fiscal year beginnin g' December 31, 1988. !"( For each of these fiscal years revenues of each local governs' unit shall not exceed the sum determined by the following fonJ' which "R" equals the current year's per capita personal income ! state, "P" equals the prior year's per capita personal income' state, "A" equals the prior year's revenue limit of the governmental unit, as adjusted by the exemption provided in ' 59-17-109, except for the first year in which the limitation appliB local governmental unit, "A" equals the prior year's total rev the local governmental unit, as adjusted by the exemptions pro' for in section 59-17-109, "X" equals the current year's populiiv the local governmental unit, and "Y" equals the prior population of the local governmental unit: A .90 (R-l)J AX maximum revenues. P Y i SECTION 5. Section 59-17-104.5, Utah Code Annotated IS-enacted IS-enacted to read: 59 -17 -104.5. PROPERTY TAX LIMITATION ON STAHi; LOCAL GOVERNMENTAL UNITS. There is established a mat ad valorem tax on any property in the State of Utah not ton. three-fourths of one percent (34) of the fair market xi. residental property, as defined in Section 59-2-103, and onepe-. (1) of the fair market value of property other than resit-property. resit-property. The tax shall be collected and apportioned as proit law. The limitation provided for in this section shall note 1 |
