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Show MONDAY, SEPTEMBER 11, 1972 TNK DAILY pace five RICORD T Utah Constitutional Amendment Proposals Four proposals far amending tha Utah Constitution will bo presented to voters at the 1972 rs tution for more than of a cenArticle tury, and that any attempt to VI might create unforseen and undesirable problems. There Is some specific against providing an auditor and legal counsel responsible to the Legislature on the ground that these moves might weaken the positions of the elected Auditor and the Attorney General, which have been constitutional offices since statehood. general election. propoaal would extensively revise a complete article (Article VI, relating to the Leglalature) of the Conatitution. Thia ia under terma of a conatitutional amendment (the 'gateway" amendment) approved by the Utah voters in 1970. The 1970 amendment permits, for the first time in Utah history, revision of an entire Article of the Conatitution (and related material if needed) by means of a single amendment, instead of requiring separate amendments for each substantive change. One re-wr- ite protest pro-poa- ed so-call- Objectives of Proposition are; ed I The addition of three new sections to ths present Article VI. Their effect would be: 1) To provide a legislative auditor, with auit any agency, department, thority to fund, or operation of Utah state or local government. He would function in addition to the existing elected auditor, whose powers and duties would not be curtailed or otherwise effected! but would be appointed by and responsible solely to the Legislature. 2) The Legislature would b e authorised to retain its own legal counsel, separate from the office of the Attorney General, Yhe Legislature could, however, continue to call on the Attorney General for legal assistance if it so desired. 3) Per diem compensation, not exceeding the regular session rate, would be authorised for legislators attsnding meetings of interim legislative committees authorised by law. last previous Utah general election, three amendment proposals were voted on, and all were approved. At the 1968 general election, five proposals appeared, and all were approved, although two of them were modifications of proposals that had been defeated in 1966. At that time, seven proposals for specific amendment and one for a Constitutional Convention were all defeated. At the would be mod- Certain legislative procedures ernised and simplified: 1) Bills and resolutions would be read three times by title only, instead of in full, unless reading in full were specifically ordered by vots. At present all bills must bs read in full unless the rule is suspended. Suspension of the rule is the usual practice, in the Interest of time. II propositions, in the order and in which they will appear on the ballot, language are set forth below. Also presented is a brief summary of arguments for and against each. LEGISLATIVE two-thir- Mo. 1 ARTICLE REVISION Proposition Proposition RESTRICTING CITY Ko. 2 BAIL IN CERTAIN FELON I No. 8 ds Shall Artiels VI of ths State Constitution bs revised to make changes in ths procedure and manner of operation of ths State Legislature tend ths Shall Saation 8 of Artiels I of ths Stats Constitution bs amended to provide that persons shall not bs bail abls when aoaused of a felony w hile on probation or parole , or while free on bail Waiting trial on a previous felony aharge, where the proof is eaidsnt or ths presumption strong. Under the existing constitutional provision, second class are required to maintain school districts separate and apart from those of the counties in which they are located. This requirement would be eliminated under the proposed amendment, although there would be nothing to prevent the continued operation of existing city districts (in Salt Lake City, Ogden, Provo, Logan, and Murray). However, the amendment would make possible the consolidation of city districts with adjacent county districts if it were found to be desirable. all cities of the first Presently, all persons charged with crime except those charged with capital offenses (offenses which may be-were, prior to the recent U. S. Supreme Court decision punishable by death) are subject to bail. The proposed amendment would enlarge the category of situations to include those where a person is charged with commission of a felony while on probation or parole, or when free on bail connected with a previous felony charge if 'roof (of the second felony) is evident, or presumption strong. " House would have up to five days following adjournment for the signing of billa, and would certify their accuracy and authenticity. legislative branch of stats government, rules and including ths procedure. (Ths present law and ths proposed revisions are on cards in ths polling place and booth.) law-mak- ing -- non-ballab- le Clarification of existing provisions which be ambiguous, or unnecessarily complicated. Included in this category art language describing how the terms of state senators are to be staggered; the deadline by which candidates for the Legislature must meet eligibility requirements; and the date on which may ed laws take effect. Elimination of obsolete material and unnecessary detail classed as '.'dead wood". ll Specific language requirement for the clause of all proposed laws introduced bciore the Legislature. 2) A long lislof special laws which the Legislature is forbidden to enact, replacing it with a simple prohibition against all special laws where general laws may be applicable. 3) Two sections (Sections 27 and 30) which arc felt to be obsolete. They prohibit the Legislature from releasing debts or granting extra compensation to contractors or the officers of companies who have performed services (or the state. The executive branch is permitted to release or negotiate debts, under specified conditions, and the Supreme Court has interpreted the existing sections in question so broadly as to give them minimum effect. IV eq-ac- :ir Argument! For Arguments For Proposition 1. ng Utah indicates that State Auditor's are elected bail, as candidatcv of successful political partita rather than on their individual merits. Proposition 2 ie an effort to give greater protection to the public, on the theory that this It is further pointed out that the Legislatun concern la of higher priority than extending the appropriates state moneys, and should therefore be in a position to see that they are expended in accordance with legislative intent. This would be possible only if an independent audit can be made, under the direction of ths standards set by statute. In recent years the Legislature. There is an accelerating trend across the nation to place all or part of ths statutory minima have repeatedly been adjusted responsibility with the Legislaupward when growing citiee approached the old ture. More than 30 states now do so, and four standards. A major factor in making these adother states have both a legislative and ac justments has been the desire to avoid the neelected auditor, as would Utah under the processity for creating new school districts. posed amendment. Proponents of Proposition 1 Inasmuch as there is no provision in Utah point out that the office of the elected auditor would not bo affected by passage of the amendlaw for any city to revert to a lower classifiment. 1 cation when it no longer meets the population qualifications for the class in which it has been In the matter of legal servicea, it ia also placed, we now have the peculiar situation of contended that the principle of separation of some citiee of the third class (Bountiful and powere between the three branches of governOrem) .exceeding in sixe some citiee of the ment will be observed more effectively .if ths second class (Logan and Murray). It is be- lieved that the proposed amendment would open Legislature is allowed to retain legal counsel of its own choosing rather than relying entirely the way to advance growing cities to a higher on the office of the Attorney General, a part of classification without encountering the objecthe Executive Branch of Government. tions to such action now existing. Supporters of the legislative auditor concept point out that it is in accord with accepted modern accounting principles. It is generally it should be performed by agree u that an agency entirely independent of management ant of the agency responsible for keeping the records to be audited. In state government, ' mans cement" is performed by the executive brancr. of government, and the elected Auditor it a member of the executive branch. Recent Supreme Court decisions have confirmed the elected Auditor's prerogative to oversee the operation of the Finance Department in preparing warrants for payment, thereby giving him a major role in the compiling and keeping of the records to be audited. Under Utah law, neither t!ie Treasurer nor the Auditor may succeed frehimself in office, but it is possible--an- d two to officials the done exchange quently offices at the end of a four -- year term. This ran place an incoming auditor in the position of s' biiir.g ih'e accounts which he kept as Treasur-- ?, when he had custody of all state funds. V.' iir 'he original theory of the elected Auditor appears to have been to make him Independent of all other government offices, experience in post-aud- or Sections proposed for elimination are believed to be of no practical use under today's conditions and may bs in conflict with other accepted practice. Arguments Against Proposition 1. Opposition to the revision of Article VI is generally based on the argument that Utah has operated successfully under Its present Const!- - Under Utah law, cities of the second and third claas are moved into the next higher classification when they pass minimum population by the Li !ure, to take effect January 1, 1973 if the an.endment is approved. Analysis of its detailed provisions is beyond the limited pace here available, but was discussed in a ng previous research report. If Explanatory material may also bo obtained from the office of Utahns for Effective Government (UTEGO). Arguments For Proposition 4. j the matter of added compensation for legislators attending interim committee meetings, it is asserted that the high cost of living and relatively low rate of legislative compensation in Utah makes serving in the Legislature a severe financial sacrifice. Legislators may be hesitant to accept interim committee assignments if this continues to Impose still further financial sacrifice. In Arguments for (and against) Proposition cf necessity are varied as are the subjects involved. For many yeara there has been a trend to reduce the number of school districts to improve the economy and efficiency of school administration. While in paat years there were some proprietary feelings with regard to achool administrative offices in particular communities, at present there appears to be no desire to create new administrative units, nor any desire on the part of officers of growing cities to assume the responsibility for creating and operating auch districts. Proposition 2. Supporters of the proposed amendment assert that the recent trend in court decisions has given unwarranted protection and even license to criminals, at the expense of the rights and public. Many serious safety of the crimes have been committed by persona accused of previous serious crimes and free on post-auditi- The modernization portion of the proposed revision of Art 'e VI is aimed at speeding up routine proceduivs during legislative sessions, to give legislators mors time for essential tasks. time-precio- bo In tits Arguments Against Proposition 3. There appears to be no substantial opposition to Proposition 3, inasmuch as no existing school district would be directly affected, and there is general agreement that it would be undesirable to create new districts which would presently be required if a city or town becomes a second or first class city in Utah. us Proposals for the removal of "dead wood" are foil to interest of efficiency and clarity. Deslgaatiag specific language for the enacting clause of bills Is held to be more properly a statutory than a constitutional matter. The proposed broad prohibition against the passage of apodal laws Is felt to bo more effective than an attempt to specify all those to bo prohibited. Her farther discussion of ths auditing Research Report qecei.2k, l.v Utah Foundation Lo. tJs far July, 1972, "Post-Auof Public 1972". Aaoounts in Utah 1 dit rights of known or strongly suspected criminals. Ths growing drug problem is a factor in this situation. Many criminals aro confirmed drug addicts, and may be driven to commit crimes while free on bail in order to pay the high coat of their expensive habit. Arsumente Against Proposition 2. Opponents of ths proposed amendment stand and Arguments For Proposition 3. law-abidi- III SCHOOL SYSTEMS Shall Section 6 of Article X of the State Constitution bis repealed , remooing the mandatory requirement that oities of the first and seoond olass have their oun school district. CASES 2) Bills and resolutions passed would no longer have to be signed in open session. The President of tha Senate and Speaker of the I ncwly-en-act- -a argument. or 1972 Proposition "-- post-aud- The other three 1972 amendment proposals deal each with a single question in the traditional manner. The 1 on the fundamental American belief that every accused person is presumed innocent until proven guilty. "Better that many guilty persons should go free than that one innocent per- son should unjustly be deprived of his rights traditional rallying cry under the American system--- ! o r m s the nucleus of the opposition three-quarte- Four separate objectives are envisioned in the proposed revision. Because of the broad extent of the proposals, cards will bs availabls to votsrs. In the polling places and in the actual voting booths, setting forth the existing constitutional language and the proposed changes. Proposition PERMITTING ALTERNATIVE FORMS Bo. 4 OF COUNTY GOVERNMENT Shall Section 4 of Artiels XI of ths Stats Constitution bis mended to permit the Legislature to prescribe alternative forms of county government from which counties my select, subject to referendum, ths form which best serves each county's needs. The Utah Constitution presently provides that a system of county government "which shell be uniform throughout the state "shall bs established by the Legislature. Approval of Proposition 4 would amend this provision to provide a number of alternative forms which counties might adopt if they so desire. Change in the form of government would not be automatic, and existing county government would continue unchanged unless specific action were taken to initiate change and unless any proposed referenchange were approved by county-wid- e dum. A statute implementing the proposed constitutional amendment (Proposition 4) was enacted J The size, both geographical and in terma of population, wealth, and political makeup, of Utah's twenty-nin- e counties varies greatly, and it is argued that the existing uniform structure of county government cannot adequately meet all of the counties' needs. It is further argued that counties should be allowed to select their own form of government, within reasonable limits. It is also asserted that approval of Proposition No. 4 would provide a practical way to meet existing problems in many populous counties, where are being inequitably taxed to pay for services furnished only to rural inhabitants of these counties. 3 city-dwelle- re Arguments Against Proposition 4. Opposition to Proposition 4 appears chiefly to be centered in smaller communities within counties containing one or more large metropolitan centers. Residents of the smaller communities fear they may be dominated by the larger cities, and lose advantages which they now enjoy. Opponents point out that under existing constitutional law it is not necessary that all counties in Utah have the same form of government (ae they now do), but only that a "uniform system" of county government be prescribed by the Legislature. Different forma of government to meet the varying needs of counties could be set up on the basis of classification by population or assessed valuation, it ie argued. if See Utah Foundation Research Report No. 1871 , "1971 Utah Legislation Affecting Local Government". 284 for April , 3 For further discussion of the double taxation problem, ess Utah Foutidation Research Reports No. 240 for April, 1907, "1907 legislation Relating to Local Government in Utah "j Bo. 228 June , 1966 , "Legislative Changes Affecting t Local Government in Utah 1906", and Bo. 186-foJune, 1981, "1961 Legislative Changes Af-Utah Local Government. 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