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Utah's largest teachers union opposes constitutional amendment on income tax

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SALT LAKE CITY — The state's largest teachers union is formally opposing a proposed constitutional amendment that removes the earmark on income tax for public education.

The Utah Education Association will campaign against the amendment going before voters in November. The UEA previously had taken "no position" on it.

"When you think of over 18,000 members — plus their families, plus their neighbors, plus their friends, we feel like we will be able to defeat this," UEA President Renée Pinkney said in an interview Thursday.

FOX 13 News first reported on the union's decision when an email to members outlined the decision and emphasized their belief the Utah State Legislature still had not adequately funded the public education system. Pinkney also voiced displeasure that the controversial school choice program received additional money from lawmakers this year.

"After the session was over, when we realized another $40 million was going to be appropriated for the voucher program that hadn’t started yet, that’s when we looked at other state needs and thought we cannot compromise our values now, we need to protect the promise of public education," she said in an interview Thursday.

The proposed constitutional amendment would remove the earmark on the income tax for public education and some social services. In exchange, legislative leaders and Governor Spencer Cox have promised that they would remove the state portion of the sales tax on food.

Republican legislative leaders have argued that passing the amendment helps guarantee budget stability across all sectors of government as the income tax is a more stable source of funding than sales taxes to pay for essential services Utahns use. Eliminating the state portion of the sales tax on food is popular with Utahns, even if they may struggle with the idea of taking away an earmark for public education. Gov. Cox has repeatedly advocated for eliminating the sales tax on food and is supportive of the amendment and echoed that in a statement on Thursday.

"Removing the state portion of the sales tax on food is good for Utah families, so we support the constitutional amendment," he said.

Legislative leadership has been negotiating with the UEA since lawmakers agreed last year to put the proposed constitutional amendment on the ballot. Last year, then-House Speaker Brad Wilson expressed hope the UEA would come on board in support. Current House Speaker Mike Schultz, R-Hooper, told FOX 13 News in January that he hoped the union would come around to supporting it, but was prepared to move forward with appealing to voters to support the amendment if the union did not.

In a statement to FOX 13 News on Thursday night, Senate President J. Stuart Adams, R-Layton, expressed disappointment.

"UEA's opposition is disappointing given the legislature's relentless dedication to prioritizing education. Our track record speaks volumes about our commitment to education, which is evident in increasing education funding by 94% over the past ten years. This proposed constitutional amendment offers a dual advantage: it guarantees new protections for education funding in a way that allows greater flexibility in addressing the pressing needs of the state while simultaneously eliminating the burden of sales tax on food," he said, adding: "I specifically requested feedback from them during this legislative session. The UEA chose not to engage and waited until after the session to change their official position. Stakeholders coming to the table to offer solutions is more productive and effective."

House Minority Leader Angela Romero, D-Salt Lake City, said Thursday that she stands with the UEA.

"If SJR10 goes into effect, it will give the legislature the option to divert money away from public schools," she said, referencing the bill number for the proposed amendment. "As an elected official, one of my top priorities is for all children to have access to quality education and I stand in support of UEA’s decision to oppose SJR10."

The union presents a formidable opponent to passage of the amendment, as they can exercise a lot of sway with the public as they decide whether to approve or reject it. This year, the legislature had rejected a number of other proposed constitutional amendments to help ensure this one passes — Senate leaders had said they worried too many amendments on the ballot would lead to voters simply rejecting all of them.