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Legislative action that proposed this amendment: SJR5 1995 General Session
Disposition: This amendment was not presented to voters for ratification.
Amends article 13 section 2
[This proposed amendment from the 1995 General Session never appeared before voters for ratification, since it was superceded by SJR1 in the 1996 General Session.]
(1) All tangible property in the state, not exempt under the laws of the United States, or under this Constitution, shall be taxed at a uniform and equal rate in proportion to its value, to be ascertained as provided by law.
(2) The following are property tax exemptions:
(a) the property of the state, school districts, and public libraries;
(b) 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 the Legislature the property of a county, city, town, special district, or other political subdivision of the state located outside of its geographic boundaries as defined by law may be subject to the ad valorem property tax;
(c) property owned by a nonprofit entity which is used exclusively for religious, charitable, or educational purposes;
(d) places of burial not held or used for private or corporate benefit; and
(e) farm equipment and farm machinery as defined by statute. This exemption shall be implemented over a period of time as provided by statute.
(3) Tangible personal property present in Utah on January 1, m., which is held for sale or processing and which is shipped to final destination outside this state within twelve months may be deemed by law to have acquired no situs in Utah for purposes of ad valorem property taxation and may be exempted by law from such taxation, whether manufactured, processed or produced or otherwise origination within or without the state.
(4) Tangible personal property present in Utah on January 1, m., held for sale in the ordinary course of business and which constitutes the inventory of any retailer, or wholesaler or manufacturer or farmer, or livestock raiser may be deemed for purpose of ad valorem property taxation to be exempted.
(5) Water rights, ditches, canals, reservoirs, power plants, pumping plants, transmission lines, pipes and flumes owned and used by individuals or corporation for irrigating lands within the state owned by such individuals or corporations, or the individual members thereof, shall be exempted from taxation to the extent that they shall be owned and used for such purposes.
(6) Power plants, power transmission lines and other property used for generating and delivering electrical power, a portion of which is used for furnishing power for pumping water for irrigation purposes on lands in the state of Utah, may be exempted from taxation to the extent that such property is used for such purposes. These exemptions shall accrue to the benefit of the users of water so pumped under such regulations as the Legislature may prescribe.
(7) The taxes of the poor may be remitted or abated at such times and in such manner as may be provided by law.
(8) The Legislature may provide by law for the exemption from taxation: of not to exceed 45% of the fair market value of residential property as defined by law; and all household furnishings, furniture, and equipment used exclusively by the owner thereof at his place of abode in maintaining a home for himself and family.
(9) Property owned by disabled persons who were disabled during any war, international conflict, or military training in the military service of the United State or of the state of Utah and by the unmarried surviving spouses and minor orphans of such disabled persons or of persons who while serving in any war, international conflict, or military training in the military service of the United States or the state of Utah were killed in action or died as a result of such service may be exempted as the Legislature may provide.
(10) Intangible property may be exempted from taxation as property or it may be taxed as property in such manner and to such extent as the Legislature may provide, but if taxes as property the income therefrom shall not also be taxed. Provided that if intangible property is taxed as property the rate thereof shall not exceed five mills on each dollar of valuation.
(11) The Legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the estimated ordinary expenses of the state for each fiscal year. For the purpose of paying the state debt, if any there be, the Legislature shall provide for levying a tax annually, sufficient to pay the annual interest and to pay the principal of such debt, within twenty years from the final passage of the law creating the debt.