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Show For b Against Proposition No. 1 REVENUE AND TAXATION ARTICLE REVISION Vote cast by the members of the 1982 Legislature on final passage: HOUSE (75 members): Yeas, 57; Nays, 8; Absent or not voting, 10. SENATE (29 members): Yeas, 24; Nays, 3; Absent or not voting, 2. . " - tacreo L. - - - Under mpted, Official Ballot Title: retore Edatth Shall Article XIII of the State Constitu; ' cu"e 16 Ol 3 amended to allow the Legislature toe mptlor up to 45 of the value of residential value from property tax; to allow the Legis ':w to establish a property tax on local gov?: Jer property which is located outside : tooi local governments' own boundark propej exempt property owned by nonprofit curre zations used exclusively for reliiJJJ0 charitable, or educational purposes ;tand the Legislature to exempt livestock; K si to bt local governments to share tax and leraiT revenues; to remove the 75 ceiling Then the amount the state may fund f: ispeci public school program; and to mate enera organizational changes in the Reven. Taxation Article. vents enues sntiis ion to Seme oHif r , TheC 'L rish ion 7 IMPARTIAL ANALYSIS ision i PROPOSAL The Revenue and Taxation Article outlines the taxing authority of state and local governments. Since the Article was written in 1896, the largest portion is devoted to the property tax. Therefore, the proposed revision deals primarily prim-arily with constitutional changes to the property tax. The proposed revision to the Revenue and Taxation Article would make the following changes to the present Constitution: Property Tax Amendments a) Changes Local Government Exemption Under the present Constitution, all property of counties, cities and other local government units is tax exempt. This includes property located outside the boundaries of the governmental entities which own the property. These tax exempt properties may create a burden for the area where the property is located. The impacted areas, however, may not tax the property to offset this burden. The proposed revision would permit the Legislature to place publically owned properties on local tax rolls where these properties -( "Ott are located outside the boundaries of the go' Hflthi entity that owns them. b) Changes the Religious and Charitable xf T(j! Under the present Constitution ". . . lots witn- Ce used exclusively for religious or charitable p" . lcle js exempt from property taxation. The propo1 would make theconstitutionalexemptionsiniiia': ,aini statutory language governing the religious anfll icle exemption. The proposed amendment proving Property owned by a nonprofit organization; A ively for religious, charitable, or educational, would be exempt from the taxation. c) Provides for a Livestock Exemption . Under the present Constitution, the Leg , exempt inventory of a livestock rancher and ; evel of taxation of transient livestock andlif. led for slaughter. The proposed revision nolo . guishes between types of livestock which a. allow the Legislature to determine the cxtenl3" by whlcn aH livestock should be taxed. 3- Increases Exemptions for Residential Property Under the current Tax Article all property, unless empted, is to be taxed at a uniform and equal rate, erefore, property taxes on residential property must be Mat the same rate as all other property. The Legislature tlltio: 'V currently exempt from taxation only S2,000 on the T exe 'Ue ofa nome- The proposed revision would change the empiion and allow the Legislature to exempt up to 45 of prop value of residential property. The Legislature has gisla bypassed a bill tied to the passage of this amendment )veri-fell exempts 25 of the value of a residence from taxation. , riP( 7mves the Umlt on Disabled Veterans im' !!0m Tax Exemption it Off Currently the Constitution allows a property tax e ligation of $3,000 on property owned by disabled to a ! erans'The Proposed revision would remove the 53,000 ' tnfl i d allow the Legislature to establish the exemption ; iu ei to be given disabled veterans. nd fltwl Tax Amendments fnr ,,T,leremaimn changes in the proposed revision do not sPeciI'cally with the property tax. Rather, they relate keOal tax policy and procedure, jnilf Jtowslocflj Governments to Share Revenue Event if' opinions indicate that Article XIII, Section 5 ' is the local governments from sharing their tax ij r..K wittl each other. The proposed revision would "is prohibition and allow local governments at their ''on'o share tax revenues. Jmores the 75 Limit on the State Funding " Thl r M,n,m School Program "sblish n (Article x) requires the Legislature to " Never maintain a uniform public school system. L7 m paVing for the school system, Article XIII, Jfieu DJequires 'hat not more than 75 of the total cost " fcti b v t h and rnaintenance of the school program be je i0ca, ,e Sta,e- The remaining 25 of costs are raised at NoruvT throu8h property tax levies. The proposed k (ot hould remove the 75 limit on the state contribu-vernrliij,!, contribu-vernrliij,!, en ,001 Program. The Legislature, if it wished, tcfram i, m more an 75 of the cost of the school J Tom state revenues. 'hC1 Sr0r8anizatlonal Changes In the Tax Article ie iis J rticle has been amended over a dozen times rS tf cleisn'f"31 enactment in 1896. The result is that the tin 15 'icludPri Ve" or8anized. References about assessment !rrha-t;iaini nstn ,WUh references to exemptions. Language t"tl:;le(Arti i on is even contained in the Legislative pd'''andnr - The PrPsed revision rearranges the i u'kP .Tldes Sheadings within sections to make 31 pU 'eeas'er to understand. ilatur:, staH":, iStO.'j nidi i Effective Date This amendment, if approved by the voters, would effective beginning January 1, 1983. FISCAL EFFECT In estimating the fiscal impact of the passage of the Revenue and Taxation Article voters should be aware of legislation that will be enacted or repealed by the passage of the amendment. If the amendment passes, H.B. 142 (1982), which provides for a 25 exemption of residential property will become law. The present law, H.B. 164 (1981), exempting 20 of all locally assessed property, which is being challenged chal-lenged in court, will be repealed if the Article passes. Assuming that mill levies remain at 1981 levels, the following are three estimated fiscal impacts of the passage or failure of the amendment: 1. If the Tax Article passes there will be (a) a decrease in residential property taxes of approximately S12 million; (b) an increase of approximately S20 million from property taxes on local commercial and industrial properties; (c) no change in state assessed property taxes (mines, utilities and railroads); and (d) a reduction in the state contribution to the minimum school program of S3 million. 2. If the Tax Article does not pass and the current law on locally assessed exemptions withstands court challenge, there would be no change in revenues to state and local governments based upon 1981 mill levies. 3. If the Tax Article does not pass and the current laws on locally assessed exemptions are not upheld by the courts, then the reduction of 20 in the assessment levels of residential and local commercial property would be eliminated (or alternatively, state assessed property values would be lowered 20). Passage of the Article would repeal H.B. 164 (1981) and eliminate the 20 change in assessments arising from the legal challenges through implementations of H.B. 142 (1982). The other provision of the Tax Article are permissive in nature, requiring action by the Legislature andor local governments to take effect. Therefore revenue impacts for these provisions cannot be estimated. Jon M. Memmott, Director Office of Legislative Research State Capitol Salt Lake City, Utah 841 14 -7- Furthermore, efforts to reduce property taxes I. i education. Proposition 1 will provide flexibility funding for education without making the sck unnecessary victims of reduced property taxes, VOTE "YES" ON PROPOSITION 1! Senator Karl N. Snow Senate Majority Lei: 1847 North Oak Li Provo,Utah8f Representative Franklin W. Knot Chairman, House Revenue and Taxation Commit Box-East Box-East Lay ton, Utah 8i: Arguments for We need to deal directly with taxes on homes! Property taxes on homes are too high and home owners carry too much of the property tax burden. Our I Constitution does not allow the Legislature to directly I correct this imbalance. The Constitution needs to be I amended so property taxes will be fairer. Proposition 1 I will allow the Legislature to correct these problems I and will result in fairer property taxes. I Without Proposition 1, property taxes on homes I are likely to increase significantly. People are con- cerned about taxes on homes. In response to these I concerns, the Legislature has passed tax laws to I protect home owners. Railroad and mining companies I are challenging these laws in court. If they win, the I current protections will be removed. The result will be I that home owners could see large property tax I increases. The Utah State Tax Commission estimates I that under the present Constitution if these protections I are removed the assessed valuation on homes could increase as much as 87 percent. Proposition 1 will I amend the Constitution to allow the Legislature to hold I residential property taxes down. The Tax Article I Revision will allow for taxes on homes to be addressed I directly and will ensure that home owners are not I subjected to burdensome tax increases. I The Legislature has passed protections based on I Proposition 1! Proposition 1 will allow the Legislature t to directly exempt property taxes on homes up to 45 I percent of property's value. The Legislature has I already passed a law to implement this provision to I grant home owners a 25 percent exemption. Enactment I of this law is tied to the passage of Proposition 1 by the I voters. If Proposition 1 is defeated, home owners will I not have this protection against possible tax Increases. I Large publicly-owned industries should pay their I share of taxes! Under the present Constitution, prop- I erty owned by any level of government is tax exempt. I As a result, publicly-owned industries like the Inter- I mountain Power Project (IPP) do not directly pay I property taxes. These projects, however, increase the I tax burden for everyone. It is true that IPP and similar I projects are required to make payments in place of the I property tax. However, the status of these payments is I in doubt and the affected local governments have little I control over such payments. Proposition 1 will allow I the Legislature to place such projects on the tax rolls. I Without Proposition 1, hundreds of millions of dollars I In revenues may be lost. I Proposition 1 will allow for flexible funding for I education! The present Constitution unnecessarily limits the money the state may give to education. I Currently, the state may not provide more than 75 percent of the funding for the minimum school I program. The Constitution should be amended so that I the state can contribute to education as needed. t Rebuttal to Arguments in Favor of Proposition No. 1 Proposition 1 does not guarantee tax relief anyone. Proposition 1 will not reduce home proper taxes nor will it keep taxes from rising. It will or allow the legislature to manipulate valuations. It cl: nothing to control tax rates which are set by t governments. Thus, the proposition addresses or one side of the property tax equation. Look at history. The legislature has tried to ret' property taxes for the past ten years hoping top tax relief, but the results have always been thesarr higher taxes. First, it was the reappraisal progt later a freeze on assessments, next a 17 reduc the statewide school levy, then a 20 rollback residential assessments, now we have indexing eV: two years. These have all been done in the name property tax reform and fairness. How much did' reforms lower your property taxes? We need tax limitation, not tax shifts. Noma" how much the legislature wants to grant property ; relief it will never be successful until it is wOT take a hard line with local governments by PlaL limitations on mill levy increases. Court cases will not automatically increase taf Property taxes will not automal ically increase If incases in-cases are lost. Our courts may rule to lower s ' assessed property valuations to the same level -residential valuations and local governments0; e forced lo cut spending to recapture any lost in v iP SAVE UTAH'S ECONOMY AND VUTING "NO" ON PROPOSITION 1! lack A. Olson, Executive Vice-Pi James A. Thompson, P' McCown E. Hunt, Socrctary-Trea , Utah Taxpayers Assoc 1809 Wilsons-Salt Wilsons-Salt Lake City, UtahSJ' . ,; . -8- sto Arguments against "111 THE TAX ARTICLE REVISION GIVES BROADER cnm TAXING POWER TO THE LEGISLATURE. THIS TAXING POWER SHOULD BE RESTRICTED, NOT EXPANDED. A SIMILAR REVISION WAS REJECTED BY THE VOTERS , IN 1980 AND SHOULD BE DEFEATED AGAIN FOR THE W' SAME REASONS. .eadei c Lane Increased Property Taxes. Although it is being sold 84604 as 'ax relief, the amendment will result in property tax iwltor. '"creases of at least 25 in 1983 for small businesses nittef ando,herlocally-assessed commercial properties. This ax 42! ,3X increase is mandated by House Bill 142 which will 8404' automat'cally take effect if voters approve the amendment. amend-ment. HB 142, which implements the Tax Article Revision, does not give tax relief to homeowners. Whether the amendment passes or not, homeowners ln most counties will see significant Increases in Property taxes in 1983 due to the statewide indexing Program. This indexing program will also add to the let ic til property tax increase on businesses. ,perii T. only amendment shifts tax burdens and hides the l do"5 ,rU.e,costs of government. This is no substitute for loci wlnS extravagant government spending. onl! Damage Utah's Economy. Due to the present economic crisis, the Utah economy cannot stand the lforni assive tax increases this measure would require, srani JetVallv when they are targeted at those providing me- wo ih UltimatelV. Utah consumers and wage earners 'ram thr have t0 pay the price of this tax increase on if fteav 8h h'8her prices and ni8ner unemployment. This :k if inc econorriy could force increases in sales and jverv me taxes t0 replace dwindling revenues. 116 01 soa arnendrnent would cause property tax rates to he'f adm-and WUld make Utah's tax difficult and C0StlV 10 at) lnister- It leaves unanswered the question of how alter ashmen,s and other rental units will be assessed V ta hiehp SlneSSes or as residences. This could result in lg io their h0Cgg8es t0 many families which d0 not own icinS tio Lose loctl control of public schools. The Constitutes. Constitu-tes. 75 Qf h Prhibits the state from funding more than of" This nr t0tal Cost of the minimum school program, jtaie plete r State government from exercising com-1 com-1 s- The am'1 0Ver our locally elected school boards. oUld mendment would remove this safeguard. )n1f uw' ner" ,axes could be imposed. The amendment BV Provirirt the le8'slature to impose "other taxes as taxpau by law"- The Constitution has protected ali0Wp!rs by specifically limiting the scope of taxation i allow th i le8islature- This new language would lvithth 8islature to do virtually anything it wishes urCt radfii ,3X s,ructure of the state; inventing new taxes Ul tional h8neW features to existing taxes. The Constitutes Constitu-tes destroye(f tections We have lons enioyed would be I Revenue sharing among local governments. The amendment would allow local governments to share 1 their revenues with other local governments for any purpose. This violates a fundamental principle of good government that the unit of government which spends the money should impose the tax. Otherwise, the spending government would not be subject to the restraining influence of the taxpayers. Jack A. Olson, Executive Vice-President James A. Thompson, President 1 McCown E. Hunt, Secretary-Treasurer R Utah Taxpayers Association 1809 Wilson Avenue, Salt Lake City, Utah 84108 i Rebuttal to Arguments in opposition to Proposition No. 1 The public should know who opposes Proposition 1! Proposition 1 was passed nearly unanimously by the I Legislature. Both major parties support it. Principal f opposition comes from organizations representing large business interests. These businesses have benefited from the increased tax burden on homes. They are challenging the present tax protections for homeowners. home-owners. If Proposition 1 loses, they will benefit. Voters should realize who opposes Proposition 1! Proposition 1 does grant tax relief! Proposition 1 will allow for a direct property tax exemption on residential property. It will provide direct tax relief to ! home-owners against tax Increases. i i Locally-assessed commercial taxes will increase with or without Proposition 1! Opponents claim Proposition Prop-osition 1 will increase taxes on locally-assessed com- ; mercial property. These taxes will increase whether j Proposition 1 passes or not. This is because these properties have received unintended benefits of laws to lower property taxes on homes. These protections ! may be removed because of legal challenges. If re- i moved, taxes on residential and locally-assessed commercial property will both increase. Proposition 1 ' will exempt residential property taxes. Locally-assessed commercial taxes will increase anyway. The question for voters Is whether taxes on homes should also Increase. Proposition 1 will not expand authority over other taxes! The Legislature is able to impose and administer all necessary taxes. Only property tax administration is limited by the Constitution. Opponents claim Proposition Prop-osition 1 will expand the Legislature's power over other taxes. This claim is not true since the Legislature already has this authority! VOTE "YES" ON PROPOSITION 1! Senator Karl N. Snow, Jr. Senate Majority Leader 1847 North Oak Lane Provo, Utah 84601 Representative Franklin VV. Knowlton Chairman, House Revenue and Taxation Committee Box 426, East Layton, Utah 84041 -9- COMPLETE TEXT OF PROPOSITION NO. 1 j' TAX ARTICLE REVISION m A JOINT RESOLUTION OF THE BUDGET SESSION OF THE 44TH LEGISLATURE OF THE STATE OF UTAH PROPOSING PROPOS-ING TO AMEND ARTICLE XIII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO REVENUE AND TAXATION; PROVIDING FOR EXEMPTION OF THE PROPERTY OF COUNTIES, CITIES, TOWNS, SPECIAL DISTRICTS, AND ALLOWING THE LEGISLATURE LEGIS-LATURE TO EXCLUDE CERTAIN PUBLICLY-OWNED PROPERTY LOCATED OUTSIDE ITS GEOGRAPHIC BOUNDARIES FROM EXEMPTION FROM TAXATION; CLARIFYING THE EXEMPTION FROM TAXATION FOR CERTAIN WATER-RELATED RIGHTS AND PROPERTIES; PROVIDING FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY USED FOR RELIGIOUS, CHARITABLE, CHARI-TABLE, OR EDUCATIONAL PURPOSES; ELIMINATING THE LIMIT ON DISABLED VETERANS EXEMPTIONS; PROVIDING THAT THE LEGISLATURE MAY PROVIDE FOR THE EXEMPTION FROM TAXATION OF A PORTION OF THE VALUE OF RESIDENTIAL PROPERTY; REMOVING REMOV-ING CERTAIN INCOME TAX PROVISIONS FROM THE LEGISLATIVE ARTICLE AND PLACING IT IN THE REVENUE RE-VENUE AND TAXATION ARTICLE; ELIMINATING OUTDATED OUT-DATED LANGUAGE; REMOVING THE LIMIT ON STATE SUPPORT OF THE MINIMUM SCHOOL PROGRAM; PROVIDING FOR PERMISSIVE SHARING OF REVENUES BETWEEN POLITICAL SUBDIVISIONS OF THE STATE; MAKING CERTAIN CHANGES IN THE ORGANIZATION OF THIS ARTICLE; AND PROVIDING AN EFFECTIVE DATE. - THIS RESOLUTION PROPOSES TO AMEND ARTICLE XIII SECTIONS 2,3,4,5,7, AND 12 OF THE CONSTITUTION OF THE STATE OF UTAH; AND REPEALS ARTICLE VI SECTION 23, OF THE CONSTITUTION OF THE STATE OF UTAH. Be it resolved by the Legislature of the State of Utah, two-thirds two-thirds of all members elected to each of the two houses . voting in favor thereof: Section 1. It is proposed to amend Article XIII of the "Constitution of the State of Utah to read: Sec. 1. The fiscal year shall begin on the first day of January, unless changed by the Legislature. Sec. 2. LL) All tangible property in the state, not exempt . under the laws of the United States, or under this Constitu--tion, shall be taxed at a uniform and equal rate in proportion to its value, to be ascertained as provided by law. 21 The following are property tax exemptions: laLThe property of the state, counties, cities 'towns, school districts, municipal corporations and public 'lihrarip. lots with tha hnilrlingr thnmnn exclusively -'fnr nithnr rolirinnn wnrr.hip nr rhlritrirtlP purp0:c: aij places fbl The property of counties, cities, towns, special -districts, and all other political subdivisions of the state . except that to the extent and in the manner provided by thp Legislature the property of a county, city, ton: m district or other political subdivision of the sta-, , outside of its geographic boundaries as defined!)', be subject to the ad valorem property tax; jf fc Property owned by a nonprofit entity wliic !; exclusively for religious, charitable or educate M poses; and t d Places of burial not held or used for fr corporate benefit , shall be exempt from taxar ;s 3 Tangible personal property present in ln January 1, m., which is held for sale or proce: which is shipped to final destination outside' .': within twelve months may be deemed by lav.-acquired lav.-acquired no situs in Utah for purposes of ad ' property taxation and may be exempted bylaw:: taxation, whether manufactured, processed or; or otherwise originating within or without the si: 4 Tangible personal property present in jj January 1, m., held for sale in the ordinary : D business and which constitutes the inventor retailer, or wholesaler or manufacturer or t'w livestock raiser may be deemed for purposes ofac property taxation to be exempted. 5 Water rights, ditches, canals, reservoi:-J Plants, pumping plants, transmission lines, f flumes owned and used by individuals or corpora irrigating land within the state owned by suchK or corporations, or the individual members titer; ftot bo separately taxed so long a hJJ- from taxation to the extent that they shall be o. used exclusively for such purposes. , 6 Power plants, power transmission lines e property used for generating and delivering power, a portion of which is used for furnishing! pumping water for irrigation purposes on lands!' of Utah, may be exempted from taxation to the ex such property is used for such purposes. These-shall These-shall accrue to the benefit of the users of water under such regulations as the Legislature mayPJ LZ) The taxes of the indigent poor may ( or abated at such times and in such manners-provided manners-provided by law. 8 The Legislature may provide by law for "1;. Hon from taxation: of not to exceed 45gl!j themes, homuiimlj, resjontiaJJIt MLlaw; and personal propeWr. fa7Wtifae-fer homes, homcjlooesrawH-3,1 ! furnishings, furniture, and equipment used ex j the owner thereof at his place of abode In mam-home mam-home for himself and family. 13 Property Hext:ed S3.WHfrW':. disabled persons who served in any war in J "vice of the United States or of the state of l ""married widows and minor orphansofs J P"sns or of persons who while servi 10- Hilary service of the United States or the state of Utah ire killed in action or died as a result of such service may lexempted as the Legislature may provide. j1 JjO) IntanEible property may be exempted from taxa-p7 taxa-p7 was property or it may be taxed as property in such Mir and to such extent as the Legislature may provide, fflaxed as property the income therefrom shall not also whichtlijxed. Provided that if intangible property is taxed as cationftlli the rate thereof shall not exceed five mills on fetollar of valuation. 3r pnj: ii Legislature shall provide by law for an annual flW insufficient, with other sources of revenue, to defray the in L'!:simated ordinary expenses of the state for each fiscal jcessic !at- For the purpose of paying the state debt, if any there de this '-"le Legislature shall provide for levying a tax annually, law k efficient to pay the annual interest and to pay the ad vi nicipal of such debt, within twenty years from the final 1VV fror flS5a8e of the law creating the debt, or pre- e stale Sec 3. (jj The Legislature shall provide by law a in U': n aniequal rate of assessment and taxation on all cor! PfPerty in the state, according to its value in torv r It"41 ' except as otherwise provided in . fanr PiLillis Article. The Legislature shall prescribe by ;advaL sucl1 regulations provisions as shall secure a just i"iuation for taxation of such property, so that every J jsnand corporation shall pay a tax in proportion to the oirs, wofhis, her, or its tangible property, provided that the ; P'P'J' ,re may determine the manner and extent of joralK (wsieftt livestock and livestock being fed for i usod for human consumption . Hereof j Lfiiij il Lan(i use for agricultural purposes may, as the ; oW"''0;a5 ure Prescribes, be assessed according to its value fcioth CU"Ural use witnout regard to the value it may have 3S and w!rPoses- totangiblo proporty may bo oxomptod ig elf-fejlffr--f roporty or it may be taxed in ouch lg poi )eh extent as the Legislature may provide s in : jtZTr414''!;-!)!" property bo taxod as propcrty-. propcrty-. exit'c 'vZti not exceed five mills on each dollar oi exeni; 'brxemptcd from taxation as property, the-r the-r so Pl 'Zffifr4im9from shall bo taxed undor any tw j pre" pTrut when taxed by the slate of Utah as rerWw not als0 bo tax0f1" W . ni 'Zrovido (or deductions, exemptions : ab lirfrafty-tax based upon income. The personal siZratibo graduated bul tlto maximum raw the ''.fakfor cent of not income. Mo oxcico ta i3 C4"6" shall exceed four percent nf nH 'fl64'101'0"5 ncrGin cunlained for tnxw 1 ho-; ,erHa-nuary 1, 1037, and thereafter unfri :lusit:' leHw-by--voto of the majority of the members linia'' i?itHir?2a--hwsC 0f the Legislature. All revenue wT-frincomoorfrorii Iuaog onintnncihw , 0u uZtiocatod to the support of tho public 'je nl!: iH" G d '" AifiLlu X, Section 2 of this J,at1 SeC 4 All v, th cti di-fPIacer am meta"iferous mines or mining claims, both ng it "a rock in place, shall be assessed as the Legis- i .i lature shall provide; provided, but the basis and multiple now used in determining the value of metalliferous metalli-ferous mines for taxation purposes and the additional assessed value of $5.00 per acre thereof shall not be changed before January 1, 1935, nor thereafter until otherwise provided by law. All other mines or mining claims and other valuable mineral deposits, including lands containing coal or hydrocarbons and all machinery used in mining and all property or surface improvements upon or appurtenant to mines or mining claims, and the value of any surface use made of mining claims, or mining property for other than mining purposes, shall be assessed as other tangible property. Sec. 5. The Legislature shall not impose taxes for the purpose of any county, city, town or other municipal corporation, but may, by law, vest in the corporate authorities author-ities thereof, respectively, the power to assess and collect taxes for all purposes of such corporation. Notwithstanding anything to the contrary contained in this Constitution, political subdivisions may share their tax and other revenues reve-nues with other political subdivisions as provided by statute. Sec. 6. An accurate statement of the receipts and expenditures of the public moneys, shall be published annually in such manner as the Legislature may provide. Sec. 7. The rate of taxation on tangible property shall not exceed on each dollar of valuation, two and four-tenths mills for general State purposes, and such additional levy as the Legislature may provide for the State's share of the support of a portion of the public school system as defined in Article X, Section 2 of this Constitution, such portion consisting only of kindergarten schools, common schools and high schools. The State shall contribute not more than 75 of the total cost of operation and maintenance of a minimum school program in the State as ouch program aliall from time to time be determined upon by the Legislature. Not more than 75 of the State's portion of the revenue necessary to financo tho operation and mainton anco of such minimum school program shall be raised by a State property tax levy and the remainder thereof shall be ruijcd from other State sources. The Legislature shall determine by law the method of allocation of the State's contribution to the various school districts. Sec. 8. The making of profit out of public moneys or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law, but part of such punishment shall be disqualification to hold public office. Sec. 9. No appropriation shall be made, or any expenditure expend-iture authorized by the Legislature, whereby the expenditure expend-iture of the State, during any fiscal year, shall exceed the total tax then provided for by law, and applicable for such appropriation or expenditure, unless the Legislature making such appropriation, shall provide for levying, a sufficient tax, not exceeding the rates allowed in section seven of this article, to pay such appropriation or expenditure expend-iture within such fiscal year. This provision shall not apply to appropriations or expenditures to suppress insurrec- i. tions, defend the State, or assist in defending the United States in time of war. Sec. 10. All corporations or persons in this State, or doing business herein, shall be subject to taxation for State, County, School, Municipal or other purposes, on the real and personal property owned or used by them within the Territorial limits of the authority levying the tax. Sec. 11. There shall be a State Tax Commission consisting con-sisting of four members, not more than two of whom shall belong to the same political party. The members of the Commission shall be appointed by the Governor, by and with the consent of the Senate, for such terms of office as may be provided by law. The State Tax Commission shall administer and supervise the tax laws of the State. It shall assess mines and public utilities and adjust and equalize the valuation and assessment of property among the several counties. It shall have such other powers of original assessment as the Legislature may provide. Under such regulations in such cases and within such limitations as the Legislature may prescribe, it shall review proposed bond issues, revise the tax levies of local governmental units, and equalize the assessment and valuation of property within the counties. The duties imposed upon the State Board of Equalization by the Constitution and Laws of this State shall be performed by the State Tax Commission. In each county of this State there shall be a County Board of Equalization consisting of the Board of County Commissioners of said county. The County Boards of Equalization shall adjust and equalize the valuation and assessment of the real and personal property within their respective counties, subject to such regulation and control by the State Tax Commission as may be prescribed by law. The State Tax Commission and the County Boards of Equalization shall each have such other powers as may be prescribed by the Legislature. Sec. 12. QJ Nothing in this Constitution shall be construed to prevent the Legislature from providing a stamp tax, or a tax based on income, occupation, licenses oii franchises, or other tax provided bu law. The Legislature may provide for deductions, exemptions, nr offsets on any tax based upon income, occupation, licenses, franchises, or other tax as provided by law pursuant to this section. f2 Nothwithstanding any provision of this Cor-1 the Legislature, in any law imposing income 6 define the amount on, in respect to, or by which " are imposed or measured, by reference to any pre the laws of the United States as the same maybec: effective at any time or from time to time;; prescribe exemptions or modifications to e: provision. 51 All revenue received from taxes on incoirj taxes on intangible property shall be allocag support of the public school system as defined inj Sec. 2 of this Constitution. Sec. 13. The proceeds from the impositior license tax, registration fee, driver education tax charge related to the operation of any motor veli: any public highway in this state, and the proceed-: imposition of any excise tax on gasoline orotf: motor fuel used for propelling such vehicles, p statutory refunds and adjustments allowed ifc' and for costs of collection and administrate' used exclusively for highway purposes as follow; (1) The construction, improvement, repairs' tenance of city streets, county roads, and state t including but not restricted to payment for propf for or damaged by rights of way, and for admir costs necessarily incurred for said purposes. (2) The administration of a driver education; (3) The enforcement of state motor vehicle a:-laws. a:-laws. (4) Tourists and publicity expense in ar-biennium ar-biennium not in excess of the lesser of the folloV'-per folloV'-per cent of the total biennial revenues from tr. taxes, or (b) an amount equal to the 1959-1961 Hi; Section 2. Article VI, Sec. 23, of the Const: Utah is repealed. Section 3. The Lieutenant Governor is submit this proposed amendment to the elecK State of Utah at the next general election in provided by law. Section 4. If approved by the electors of the amendment proposed by this joint resolution effect on January 1, 1983. j 12- |