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Utah lawmakers optimistic on deal with education unions on constitutional amendment

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SALT LAKE CITY — Utah lawmakers are optimistic a deal will be reached soon ahead of a proposed constitutional amendment that would tweak the earmark for education on the income tax.

In a brief interview with FOX 13 News following his speech at the Utah Taxpayers Association's annual conference on Monday, House Speaker Brad Wilson indicated progress is being made in negotiations between the legislature and the Utah Education Association, the state's largest teachers union.

"I was told they are supportive. I think they want to keep working on it, but they’re supportive of the direction we’re heading," Speaker Wilson, R-Kaysville, said.

The proposed constitutional amendment would remove the state portion of the sales tax on food. But it also allows the legislature to dip into the income tax to cover other budget needs. Right now, the income tax is earmarked in the Utah constitution for public education and some social services. Legislative leaders have argued that they need it to address budget volatility. The income tax is stable, while sales tax — which funds a lot of essential government services — is unstable.

Lawmakers did get some support from education groups at the end of the 2023 legislative session and they passed a bill to put the proposed amendment before voters in 2024. The Utah Education Association has so far remained non-committal, but Speaker Wilson's comments on Monday suggested things might be moving.

"I can’t speak for them but from my perspective, they’re in a better spot down the road to have some language in the constitution that says the legislature will fund growth and inflation in education, before it funds anything else," Speaker Wilson said.

The UEA told FOX 13 News on Monday it still has taken no position on the proposed amendment and was still reviewing the amendment's language and its implications on public education funding. The union has been meeting with its members to gauge support. The UEA's blessing or opposition could certainly impact the proposed amendment's odds with voters.

"Those conversations are ongoing and we are trying to build some consensus with the UEA and other education stakeholders," said Sen. Dan McCay, R-Riverton, who chairs the Senate Revenue & Taxation Committee.

Sen. McCay told FOX 13 News he was optimistic they can get everyone on board before the proposed amendment goes to voters. Lawmakers still have another legislative session to refine the language and win support.

"I'm convinced that everybody at the table will make a better decision and I'm convinced that, like the Speaker said, we’re going to be in a great spot by the time the session comes around with the language and everything else in place," he said.

The Utah Taxpayers Association said it will support the proposed constitutional amendment.

"It’s time Utah gets rid of it [the earmark] and we think it will pass by the time it comes around in 2024," said association president Rusty Cannon.

While the tax watchdog group has historically opposed removing the sales tax on food, Cannon said they would support this change.

"Removing the sales tax on food is popular, it's an idea folks want to see happen," he told FOX 13 News. "And coupling it with the earmark makes logistical sense because we can’t cut that general fund that’s smaller to pay for these other services unless that firewall’s removed."