Utah State Constitutional Amendments – Know Before You Vote

There are 7 Utah Constitutional Amendments on the ballot for the 2020 Election. Do you know what each of the amendments are? I had no idea so I decided to do some research to see what they are and educate myself prior to the election. Here are the amendments, how they will appear on the ballot, and a brief summary and overview of each.

Amendment A

Current Provisions of the Utah Constitution The current Utah Constitution uses words in some sections that apply to a single gender. These words include men, he, his, and him. When these sections were drafted, it was common to use words that apply to a single gender. Effect of Constitutional Amendment A Constitutional Amendment A changes words in the Utah Constitution that apply to a single gender to reflect the more current practice of using words that are not limited to a single gender. For example, in one section the Amendment changes the word “men” to the word “persons,” and in other sections the Amendment changes “he” to “the person.” Effective Date If approved by voters, Constitutional Amendment A takes effect on January 1, 2021. Fiscal Effects The Legislative Fiscal Analyst has determined that Constitutional Amendment A will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

Amendment B

Current Provisions of the Utah Constitution Under the current Utah Constitution, to be eligible for the office of senator or representative in the Utah Legislature a person must be:

• a citizen of the United States;
• at least 25 years old; and
• a qualified voter in the senate or house district that the person will represent.

These requirements apply whether a person seeks election to the office or is appointed to fill a vacancy. The constitution does not specify when a person must meet these eligibility requirements. Effect of Constitutional Amendment B Constitutional Amendment B modifies the Utah Constitution to specify that a person must meet the eligibility requirements at the time of election or appointment. Under the Amendment, a person does not need to meet these requirements at another time, such as when the person submits a declaration of candidacy. Effective Date If approved by voters, Constitutional Amendment B takes effect on January 1, 2021. Fiscal Effects The Legislative Fiscal Analyst has determined that Constitutional Amendment B will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments

Amendment C

Current Provisions of the Utah Constitution Under the current Utah Constitution, slavery and involuntary servitude are banned, except as punishment for a crime for which a person has been convicted. Involuntary servitude is when a person is forced to work for another person. It is not involuntary servitude if the person can choose not to do the work. Effect of Constitutional Amendment C Constitutional Amendment C removes the exception allowing slavery and involuntary servitude as punishment for a crime. The Amendment also clarifies that the ban on slavery and involuntary servitude does not affect the otherwise lawful administration of the criminal justice system. For example, the Amendment does not impact the ability of a court to sentence someone to prison as punishment for a crime or the ability of prisoners to participate in prison work programs. Effective Date If approved by voters, Constitutional Amendment C takes effect on January 1, 2021. Fiscal Effects The Legislative Fiscal Analyst has determined that Constitutional Amendment C will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

Amendment D

Current Provisions of the Utah Constitution The Utah Constitution currently prohibits a municipality from selling or disposing of: (1) its water rights; or (2) its sources of water supply, such as wells, springs, or streams. The term “municipality” includes cities and towns. The current Utah Constitution requires a municipality to retain the municipality’s water rights and sources of water supply to supply water to the municipality’s residents. The constitution states that a municipality is not prevented from exchanging water rights or sources of water supply for other water rights or sources of water supply of equal value. The constitution does not mention whether a municipality is allowed to supply water to water users outside the municipality’s boundary. Over time the need for water outside municipal boundaries has resulted in a long-standing and widespread practice by many Utah municipalities of supplying water to water users outside the municipality’s boundary. Effect of Constitutional Amendment D Constitutional Amendment D rewrites the provision of the Utah Constitution dealing with a municipality’s water rights and sources of water supply. Amendment D allows a municipality to define the boundary of its water service area and to set the terms of water service for that area, including reasonable water service charges. The boundary of a municipality’s water service area may be different than the boundary of the municipality.In addition, Constitutional Amendment D resolves uncertainty about the ability of a municipality to supply water to water users outside the municipality’s boundary. The Amendment states that a municipality is not prevented from:

• supplying water to water users outside the municipality’s boundary; or
• entering into contracts to supply water outside the municipality’s water service area if the water is more than what is needed for the municipality’s water service area

Under the Amendment, a municipality will still not be allowed to sell or dispose of its water rights or sources of water supply. A municipality will continue to be able to exchange water rights or sources of water supply for other water rights or sources of water supply. However, any such exchange will require the municipality to determine that the water rights or sources of water supply that the municipality receives in exchange will equally enable the municipality to meet the needs of its water service area. Implementing Legislation If Constitutional Amendment D is approved by voters, a bill passed during the 2019 General Session of the Utah Legislature will also take effect and become law. That bill is H.B. 31, Water Supply and Surplus Water Amendments. H.B. 31 requires a municipality that provides water to water users outside the municipality’s boundary to define the municipality’s water service area and to create a map showing that area. The bill requires a municipality to provide water service to all end-use customers within the municipality’s water service area in a manner that treats similarly situated customers the same. H.B. 31 also requires a municipality to set reasonable water rates for the water provided by the municipality. The bill requires a municipality that provides water outside its water service area to provide the water only through a contract. Effective Date If approved by voters, Constitutional Amendment D takes effect on January 1, 2021. Fiscal Effects The Legislative Fiscal Analyst has determined that Constitutional Amendment D will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

Amendment E

Constitutional Amendment E adds a section to the Utah Constitution that preserves the individual right to hunt and to fish, including the right to use traditional hunting and fishing methods. The Amendment also establishes public hunting and fishing as the preferred way of managing and controlling wildlife. Under Constitutional Amendment E, the right to use traditional hunting and fishing methods may be affected by laws, rules, and regulations that:

• promote wildlife conservation and management;
• provide reasonable regulation of hunting and fishing activities; or
• preserve the future of hunting and fishing. Constitutional Amendment E states that the Amendment does not affect:
• laws related to trespass or property rights;• the state’s authority over its natural resources; or
• the state’s duty to manage lands that the state received when Utah became a state.

Effective Date If approved by voters, Constitutional Amendment E takes effect on January 1, 2021. Fiscal Effects The Legislative Fiscal Analyst has determined that Constitutional Amendment E will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

Amendment F

Current Provisions of the Utah Constitution The Utah Constitution currently requires each annual general session of the Utah Legislature to begin on the fourth Monday in January. The Utah Constitution also states that an annual general session may not exceed 45 calendar days, excluding federal holidays. The constitution does not exclude state holidays from the 45-day limit. In other words, state holidays that are not also federal holidays count towards the 45-day limit. Effect of Constitutional Amendment F Constitutional Amendment F changes the start day of annual general sessions of the Utah Legislature from the fourth Monday in January to a day in January designated by a law passed by the Utah Legislature. The amendment also excludes state holidays that are not also federal holidays from counting towards the 45-day limit of annual general sessions of the Utah Legislature. Effective Date If approved by voters, Constitutional Amendment F takes effect on January 1, 2021. Fiscal Effects The Legislative Fiscal Analyst has determined that Constitutional Amendment F will have no fiscal effect and will not result in any increase or decrease in revenue or cost to the state or to local governments.

Amendment G

Current Provisions of the Utah Constitution Under the current Utah Constitution, the money the state receives from income taxes or from a tax on intangible property must be used only to support the systems of public education and higher education. Currently, the state taxes income but does not tax intangible property. Intangible property includes property such as stocks, bonds, patents, and copyrights. Effect of Constitutional Amendment GConstitutional Amendment G expands the allowable uses of the money the state receives from income taxes or from a tax on intangible property to include supporting children and supporting people with a disability. Effective Date If approved by the voters, Constitutional Amendment G takes effect on January 1, 2021. Fiscal Effects The Legislative Fiscal Analyst has determined that Constitutional Amendment G will not result in any increase or decrease in revenue or cost to the state or to local governments. Currently, income taxes in the state total about $5 billion annually, which is spent to support public education and higher education. In addition, the state spends about $600 million annually of non-income tax money on programs for children and programs that benefit people with a disability. The amount of income tax money that will be spent in future years to support children and to support people with a disability will depend on how the Utah Legislature decides to allocate income tax money. Please take some time a review the amendments so when you do receive your mail-in ballot, you will be educated on each of the amendments.