Isabella Carter
The Utah Constitution has been amended several times since its inception in 1895. Amendments to the constitution require a two-thirds majority vote in both houses of the Legislature, followed by approval from a simple majority of voters. Notable amendments include the 1970 Gateway Amendment, which allowed for sweeping changes across multiple sections of the constitution, and a 2020 amendment preserving the right to hunt and fish. More recently, in 2024, there were proposals to amend the constitution to allow income tax money to be used for all state needs, including public education funding, and to strengthen the initiative process by prohibiting foreign influence on ballot initiatives and clarifying the ability to amend laws. These proposed amendments have sparked debate among Utahns, with some opposing the changes.
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What You'll Learn
- Using income tax money for all state needs and prioritising public education funding
- Increasing the limit on annual distributions from the State School Fund to public schools
- Strengthening the initiative process by prohibiting foreign influence on ballot initiatives
- Removing the state sales tax on food
- Enacting the election of county sheriffs
Using income tax money for all state needs and prioritising public education funding
The Utah Constitution is currently the subject of several proposed amendments, one of which concerns the use of income tax money for all state needs and the prioritization of public education funding. The proposal, known as Amendment A, seeks to amend Article XIII, Section 5 of the Utah Constitution.
Currently, income tax revenue in Utah is earmarked for public and higher education. The proposed amendment would allow income tax money to be used for all state needs, with a priority given to public education funding to account for changes in enrollment and inflation. If approved, the amendment would also eliminate the state sales tax on food.
Supporters of the amendment argue that it would provide greater flexibility in allocating tax revenue to address various state needs. They believe that by removing the earmark for education funding, more funds could be directed towards other important areas, such as affordable housing, transportation, and water conservation. Additionally, the amendment could result in tax cuts for families and individuals, providing financial relief to Utah residents.
However, there is also opposition to the amendment. The Utah PTA, for example, has taken a position against Amendment A. They argue that removing the constitutional mandate to fully fund public education could dilute the commitment to education funding. They worry that income tax cuts and credits could directly reduce the amount allocated to public education, impacting the quality of education and the support provided to students.
The outcome of this proposed amendment remains uncertain, and it is a topic of ongoing debate among Utah residents and organizations. While some see it as an opportunity to address diverse state needs and manage tax revenue more efficiently, others fear it could negatively affect the funding and resources available for public education. The Utah Supreme Court's recent rulings on the people's right to "alter or reform their government" have also added a layer of complexity to the amendment process, underscoring the dynamic nature of constitutional interpretations and the ongoing dialogue surrounding governance in Utah.
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Increasing the limit on annual distributions from the State School Fund to public schools
The Utah Constitution may be amended to increase the limit on annual distributions from the State School Fund to public schools. This is referred to as Amendment B and proposes to increase the cap on distributions from 4% to 5%. This would increase annual distributions by approximately 13%, or $13-14 million. The Permanent State School Fund is an endowment created at statehood to support public schools and currently sits at $3.3 billion. Each school year, Utah students receive distributions from the fund, which supplement tax-funded sources for K-12 schools.
Each individual school determines the best use of the funds through its School Community Council, which comprises parents, educators, the principal, and teachers. A council at an elementary school may, for example, decide to hire teaching aides for reading skills, while a high school council may opt to support college prep or career training.
Amendment B is supported by the Utah State Board of Education and the Utah PTA, which has encouraged Utahns to vote in favour of the amendment. It is argued that Amendment B will mean more money for Utah students and teachers and will involve parents in deciding how the funds are used. Furthermore, it is emphasised that this will be at no additional cost to taxpayers.
The ballot for Amendment B will read: "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?"
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Strengthening the initiative process by prohibiting foreign influence on ballot initiatives
In 2021, the Federal Elections Commission (FEC) ruled that foreign nationals could donate money to US ballot initiatives and referendum campaigns. While foreign nationals are prohibited from donating to political candidates or committees, this ruling allowed them to influence domestic policy through financial backing of ballot initiatives. This has resulted in foreign influencers spending significant amounts of money to support specific ballot measures, as seen in Ohio, where more than $15 million was spent to influence ballot measures on reducing penalties for fentanyl possession and abortion laws.
The proposed amendment to the Utah Constitution aims to prohibit foreign influence on ballot initiatives and referendums. If approved, the amendment would also change state law to allow Utah citizens more time to gather signatures for a statewide referendum and establish requirements for the legislature to follow the intent of a ballot initiative. This amendment is supported by the Utah PTA and its constituent bodies, who believe in the right of the people to participate in direct democracy through initiatives and referendums.
The Banning Foreign Money in Ballot Initiatives Act is a piece of model legislation that states can adopt to prohibit foreign influence in ballot initiatives. Ohio, California, Maryland, North Dakota, and Washington have already implemented laws prohibiting foreign money in ballot initiatives to varying degrees, with Ohio's law serving as the model for the Banning Foreign Money in Ballot Initiatives Act. This act closes loopholes in state law that allow foreign nationals to influence public policy by contributing to ballot measures.
By passing this amendment, Utah can protect itself from foreign interference and ensure that the initiative process is driven by the citizens of the state, free from the influence of foreign entities. This amendment strengthens the democratic process by giving Utah citizens a more powerful voice in shaping their state's laws and policies.
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Removing the state sales tax on food
The Utah Constitution may be amended to remove the state sales tax on food. This has been a topic of discussion for several years, with a history of initiatives and constitutional amendments. The state sales tax on groceries, currently at 1.75%, has been a source of political antagonism and has been targeted by statewide initiatives multiple times since 1980.
In 2023, the Utah Legislature passed HB54, which removes the state's portion of the sales tax on food, but with a condition attached. The condition is that voters also approve a constitutional amendment, allowing income tax revenue to be used for purposes other than education and programs for children and people with disabilities. This amendment is set to be voted on in November 2024 and has sparked debate among Utahns.
The amendment itself has faced opposition, with half of Utahns polled opposing it, and only a third supporting it. The main concern is that removing the dedication of income taxes for education and disability programs will result in a loss of funding for these areas. However, supporters of the amendment argue that it will provide more flexibility for lawmakers to allocate funding where needed and that the amendment includes protections to ensure funding for public education.
If the amendment is approved, it will trigger HB394, a companion law that will protect public school funding from losses due to declining enrollment for at least the next five years. It will also eliminate the state's 1.75% sales tax on food, which is estimated to save the average Utah family over $100 annually. However, local and county taxes on food, totaling 1.25%, will still be in place.
While the removal of the state sales tax on food is a separate issue from the income tax amendment, lawmakers have linked the two, making the removal of the food tax contingent on the passage of the income tax amendment. This strategy has been criticized as a "disingenuous ploy" to gain support for the income tax amendment, which some see as unpopular.
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Enacting the election of county sheriffs
The Utah Constitution has been the subject of proposed amendments in 2023 and 2024, with a focus on the election of county sheriffs. The proposal, directed to Lieutenant Governor Deidre Henderson, suggests enacting Article XI, Section 10, which outlines the election process for county sheriffs.
Article XI, Section 10, states that each county shall have an office of county sheriff, and this office shall be an elected position. The term of office for a county sheriff is specified as four years, commencing on the first day of January following the election. This proposal aims to give voters a direct say in choosing their county's sheriff, strengthening local democracy.
The proposed amendment emphasizes the importance of submitting this change to the voters of the state during the next regular general election, allowing them to decide on the matter. This process ensures that any alterations to the Utah Constitution reflect the will of the people and upholds the principle of popular participation in governance.
The potential enactment of Article XI, Section 10, is a significant step towards empowering Utah citizens to have a direct influence on law enforcement leadership at the county level. By electing their county sheriffs, residents can hold them accountable, ensure their interests are represented, and promote community engagement in public safety matters.
While the proposal to amend the Utah Constitution regarding the election of county sheriffs has been formally presented, it is now in the hands of the voters to decide its fate. The outcome of the next regular general election will determine whether Article XI, Section 10, is adopted, thereby shaping the future of local law enforcement leadership in Utah.
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Frequently asked questions
To amend the Utah Constitution, a proposed amendment must first pass a two-thirds vote in both houses of the Legislature, then be approved by a simple majority of voters casting votes on the amendment.
Since 1896, the Utah State Constitution has been amended 134 times. Some notable amendments include the 1970 "Gateway Amendment", which allowed for constitutional amendments to implement sweeping changes across multiple sections of the constitution, and a 2020 amendment preserving the right to hunt and fish in the state.
One proposed amendment seeks to allow income tax money to be used for all state needs and prioritize public education funding for changes in enrollment and inflation. Another proposed amendment, known as Amendment B, aims to increase the limit on annual distributions from the State School Fund to public schools from 4% to 5%.
