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Representative Clark seeks constitutional amendment to allow exemptions for state‑used property

Utah House of Representatives · February 26, 2002
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Summary

Representative Dave Clark asked permission to open a bill file for a joint resolution to amend Utah Constitution Article 13 Section 2 to allow legislative exemptions for property "used, controlled and possessed" by the state — he said the change would enable leaseback programs that could bring federal tax‑code benefits and potentially large one‑time revenues for education.

Representative Dave Clark requested the House's leave to open a bill file for a proposed joint resolution to amend Article 13, Section 2 of the Utah Constitution. Clark described the change as adding language to permit the legislature to exempt property that is "not owned but used, controlled or possessed by the state or any political subdivision" from property taxation if the legislature so provides.

Clark said the amendment would create an option for leaseback programs that could exploit a federal tax provision to repatriate federal dollars for state use. Representative Stock Martin and others framed the proposal as a potential one‑time revenue opportunity for public and higher education, noting a rough $300 million window based on depreciation and asset valuation discussed on the floor.

Members questioned timing and implementation. Representative Meyer and Representative Curtis asked whether implementing legislation would be filed concurrently and whether the Constitution Review Commission had been consulted; Clark said the floor request was meant to open the door and that implementation legislation would likely follow later, after public referendum on the constitutional amendment. Representative Tyler cautioned against hasty constitutional changes given the short time left in the session.

The House indicated support by favoring the motion to allow Clark to open a bill file and proceeded with debate on other items; detailed drafting and any fiscal analysis were not recorded in this excerpt.