SALT LAKE CITY — A pair of bills have been introduced in the Utah State Legislature to remove the state portion of the sales tax on food — if voters approve removing the earmark for education on the income tax.
Senate Joint Resolution 10 was filed in the legislature on Friday. It is a proposed constitutional amendment to remove the earmark for education. At the same time, House Bill 101, sponsored by Rep. Judy Weeks-Rohner, R-West Valley City, would move forward, House and Senate leaders announced. It would remove the state portion of the sales tax on food with a 2025 effective date, but only if voters approve the proposed constitutional amendment.
"We can’t take the sales tax off food without taking the earmark off the constitution. That would not be fiscally responsible, OK?" said Senate Majority Whip Ann Millner, R-Ogden.
Sen. Millner said the issue lawmakers were facing is one of balance. The sales tax is more volatile and goes into the general fund for public safety, social services and other needs. The income tax, which is a more stable revenue source, is earmarked for education and some services for people with disabilities.
"In order to be able to take sales tax off food we have to have some opening on the earmark that allows us to use other revenue sources," Sen. Millner told reporters on Friday. "Right now, that sales tax is funding social services, public safety, corrections, etc. So everything else in the state."
FOX 13 News has reported on the intense negotiations between legislative leaders and education groups. On Friday, the Utah Education Association — the state's largest teachers union — said as it is written now, they will not support SJR10.
"The bill to remove the constitutional mandate is unacceptable in its current form," said Renée Pinkney, the UEA's president. "We are hopeful for a resolution. Whether or not that will happen during this session? That seems rather quick but we are at the table."
Sen. Millner said she was exploring a more stable funding framework for education to provide guarantees that the legislature is making it a priority. But Senate Minority Whip Kathleen Riebe, D-Cottonwood Heights, said teachers are feeling under attack. She referenced a bill that gave teachers a raise — but also passed the controversial school choice bill.
"They feel a little hurt and so when we start thinking about making all these changes in education, a lot of them feel unsteady about this," Sen. Riebe told reporters. "I'm not getting great reports back from the education community."
Some advocates for removing the sales tax on food also dislike the choice.
"It's disappointing that the removal of the sales tax on food is being tied to removing the earmark on the income tax. The legislature continues to politicize an issue that the majority of Utahs support," Gina Cornia of Utahns Against Hunger said in a text message to FOX 13 News. "Leadership could just do the right thing and we are disappointed that they won't just simply remove the sales tax on food."
Rep. Rosemary Lesser, D-Ogden, who sponsored one of the bills to remove the state portion of the sales tax on food said the two issues ought to be decided separately.
"Although I think it’s really important to consider the earmark as we move forward in funding our state? I think that vote should be made by the people purely on the merits of that important decision," she said, adding of the sales tax on food: "That should be considered on its merit all by itself."
Any proposed constitutional amendment would go before voters in 2024. Asked what the legislature would do if it failed, Senate President J. Stuart Adams replied: "Keep working."
