Show 1 I Proposed Changes in Utah's s 's Constitution STATE OF UTAH OFFICE OF THE SECRETARY OF STATE SAUl SALT LAKE LuE Crl CITY August 30 1968 D Dear Fellow Citizens The Thc Lc Legislature of oj the thc State of Utah has entrusted mc me with t the w responsibility for publishing pub pub- publishing lishin lishing j the following Propositions which relate relate re- re re late to changes in the J Constitution of the State of Utah In the thc beginning of the body of each Proposition Proposition we wc have set forth the Ballot Title of the J it uit appear on oit the General Election Ballot Vallot 5 1968 of the very serio serious s nature of these Propositions Propositions Pro positions which your State L Legislature has caused to be placed before you I urge that each of you study the text oj the Propositions in full I urge you to consult with your friends neighbors and and local civic leaders in liv order that you OU may gain all information necessary to render a t just and wise decision Sincerely J CLYDE L. L MILLER f Secretary of State PROPOSITION NO 1 l LEGISLATIVE SESSIONS A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND ARTICLE VI SECTION 2 AND SECTION 16 OF THE CONSTITUTION OF THE STATE OF UTA UTAH H RELATING TO THE TIME AND DURATION DURA DURA- TION rION OF SESSIONS OF THE LEGISLATURE t DC Be it il resolved by the ic Legislature Leg Lt of 0 the State Stale of Utah two thirds of all members hers elected to each of the two Iwo houses voting in favor thereof thereof thereof there there- of Section 1 It is proposed cd to amend Article VI Section 2 and and 16 of the Constitution of the State of Utah to r read ad adas as follows Sec 2 Sessions of the Legislature Legislature Leg Leg- shall be he held annually annually annu annu- ally at the scat seat of government and shall begin on t the he second Monday in January A g general gen n. n eral session shall be he held hold dur mr during ing odd numbered years id ida a budget session shall shill be he lu-kl lu during even numbered years Legislation not directly related related related re re- re- re to the state budget alay be considered by hy the Legislature Legislature Legis Legis- lature during luring budget sessions only if permitted by hy a joint resolution J passed a s S C 1 by hy two two- thirds of the members elected to each house Sec 16 No general session of the Legislature shall exceed exceed ex ex- sixty calendar days days' except except ex ex- in iii cases of impeachment No budget session shall exceed exceed ex ex- twenty henty calendar days daye except in in cases of impeach impeach- ment meat No special session shall exceed thirty calendar days except in in cases of im im- irn- irn When any session session ses seSe sion of the Legislature trying cases of impeachment exceeds ex ex- eeds th the number of calendar days it may remain in session session ses sese sion as provided in this sec see lion tion The members shall receive receive re re- re- re for compensation only the usual per diem liem expenses expenses and mileage Sec 2 The Secretary of State is directed to submit this proposed amendment to the electors of the State Stute of Utah at the next general election election elec elec- tion in m the manner provided by law Sec 3 If adopted by the die electors of this state this amendment shall take effect the first day of January 1969 PROPOSITION NO 2 IPE COi COMPENSATION SA TION OF LEGISLATORS A J JOINT 0 I 1 NT N F RESOLUTION PROPOSING TO AMEND I ARTICLE VI TJ SECTION 9 OF THE CONSTITUTION CONSTITUTION TION noN OF TI TIlE THE IE S STATE TAT E OF UTA UTAH H. H RELATING TO ro COMPENSATION TION TO TOBE TOBE TOBE BE PAID TO MEMBERS OF THE LEGISLATURE FOR THEIR SERVICES AND THE PAYMENT OF EX EXPENSE PEN SEA AND N D l 1 MILEAGE I LEA G E A ALLOW ALLOW- 1 I. I 0 V ANCES Be it ii resolved by the thc Legislature Legis Legis- lature of 0 the ic State Slate of Utah two tico thirds of all members elected to each of the two Iwo houses voting in jn favor thereof thereof thereof there there- of Section 1 It i is is proposed to amend Article VI Section J n 9 of the Constitution of the State of Utah to read as folI follows fol fot- fol- fol I lows Section 9 The members of the Le Legislature shall receive compensation of 25 per diem while actually in session expenses expenses ex ex- of 15 per diem while actually in in session and mileage mileage mileage mile mile- age as provided by law Section 2 The Secretary of State is directed to submit this proposed amendment to the electors of the state of Utah at nt the next general electIOn election elec eke tion in in the manner provided by hy law In Section 3 If adopted by hy bythe bythe hythe the electors of this state slate this amendment shall take effect on January 1 I 1 1969 PROPOSITION NO 3 INVENTORY rAX TAX REPEAL A J JOINT 0 I NT N T RESOLUTION PROPOSING TO lO AMEND AMENDA A ARTICLE R l' l I C LEX XIII II I. I SE SECTION SECTION SEC SEC- C- C TION 2 OF THE CONSTITUTION CONSTITUTION CONSTITUTION CON CON- OF T I 1 H Fl E ESTATE ESTATE STATE OF UTAH RELATING RELATING RELATING RE RE- LATING TO A AN N A AD D VALOREM TA TAX X EXEMPTION EXEMPTION EXEMPTION EX- EX EMPTION F FOR 0 11 TANGIBLE TANGIBLE TANGIBLE TAN TAN- GIBLE PERSONAL PRO PROPERTY PER T Y CONSTITUTING CONSTITUTING INVENTORY AND HELD FOR SALE IN THE 0 ORDINARY R DIN A R Y COURSE OF BUSINESS Be it resolved b by the ic Legislature Legislature Legislature Legis Legis- lature of 0 the he State of Utah two thirds irIS of all members elected to each of the two houses voting in favor thereof thereof thereof there- there of Section 1 It is proposed to amend Article XIII Section Section Sec See tion 2 of the Constitution of the State of Utah to read as follows Section 2 All t tan tangible a n g i b 1 I 1 e c property in the state not exempt exempt ex ex- empt under the laws of the United States or under this constitution shall be he taxed in proportion to its value to be ascertained as provided by bylaw law The Fhe property of the state counties cities towns s school c Ii h 0 0 I 1 districts municipal corporations and public li libraries libraries li- li lots with the buildings buildings build build- ings thereon used exclusively for either religious worship or purposes and places Cs of burial not held or used for private or corporate benefit shall be exempt from taxation Tangible personal p property present in Utah on January 1 I m. m which is held for sale or processing and and which is shipped to final destination destination des des- outside this s state t n a t e c within twelve months may be deemed by law to have acquired acquired ac ac- acquired ac- ac no situs in Utah for purposes of ad valorem property property prop prop- erty taxation and may be exempted exempted ex ex- empted by law from such taxation whether manufactured manufactured manufactured processed or produced or otherwise originating within within with with- in or without the state Tangible Tangible Tan Tan- gible personal property Present present present pres pres- ent in Utah on January 1 m. m held for sale in m the ordinary course of business and which constitutes the inventory of any retailer or wholesaler or manufacturer or farmer or livestock raiser may be deemed deem deem- ed for purposes of ad valorem I pro property r 0 p per e r t y taxation to be he exempted Water Vater r rig rights i g h t s ditches can canals a Is reservoirs I p o 0 w c e r I plants lants I n u m I n i n c I plants I I ant a ii t s i transmission lines pipes and flumes Owned owned and used by individuals or corporations corporations cor cor- for irrigating land within the state owned by such individuals or corporations corporations corpora corpora- or the individual members memo mem bers hers thereof shall not be separately taxed so long as they shall be owned and used exclusively for such purposes Power l pin plants 1 a n ii t s power por transmission lines and 1101 other property used for generating gen crating and delivering electrical electrical elec eke power Jover a n portion of which is i. used for furnishing power for pumping wa lr for irrigation purposes purpose on lands in t the he state stitt of U Utah tab may be he exempted from taxation to the extent that such property properly is used for such purposes These exemptions shall accrue accrue accrue ac ac- ac- ac crue to the benefit of the users of water so pumped under such regulatIOns H as the legislature may p prescribe 1 rJ nbc he The Flie taxes of the indigent poor may be bc rein remitted it ted or abated abat ahat ed at such times tunes and ind in such manner as may be provided by hy law The legislature may provide for the exemption f from r o in taxation of homes homesteads and P per personal C r s son o n a I prope property ty not t to exceed 2000 in value for or homes homesteads home home- and andI all household furnishings furnishings fur fur- fu fur furniture nit tu u r re e and equipment used exclusively by bv the owner thereof at his place of abode in maintaining a home for himself and fam lam ily Property not to exceed in iii value owned Owned by hy disabled dis dis- dis- dis persons who served in in any war var in the tue military servIce service service ice of the United States Statts or of the lie state slate of Utah and by bv bythe the he unmarried widows and minor orphans of such disabled dis dis- persons erson or of persons who while serving in the military mill mili tary service of the lie United States or the state of Utah Ulah were killed in action or died lied as a 1 result of such service may be he exempted as ns the legislature legislature leg leg- may provide provide The legislature shall provide provide pro pro- vide by ly law for an nn annual tax sufficient with other sources source of revenue to defray the estimated estimated estimated esti esti- mated ordinary expenses of the state for each ench fiscal year For the purpose of paying aying the state debt if any there he the legislature shall provide for levying a tax annually sufficient to pay PY the annual interest and to pay the principal principal prin prin- rin- rin cipal of such debt within twenty years from the final passage of the law creating the tile debt Section 2 The Secretary of State is directed to submit this proposed amendment to the electors of the state of Utah at the next general election elec tion in the manner provided by law Section 3 I If f adopted by hy bythe bythe hythe the electors of this state slate this amendment shall take eff the thc first day of Janu iy 1969 PROPOSITION NO 4 i AGRICULTURE LAND TAXATION A J JOINT 0 I NT RESOLUTION PROPOSING TO AMEND Al A ARTICLE RI I C L E XIII SECTION SECTION SEC SEC- TION 3 OF THE CONSTITUTION CONSTITUTION CONSTITUTION OF THE STATE OF UTAH TO PROVIDE THAT ALL LAND DESIGNATED DESIGNATED DES FOR A AGRICULTURAL AGRICULTURAL AGRI AGRI- G R 1 CULTURAL USE MAY MAYBE MAYBE MAYBE BE ASSESSED FOR ALL TAX PUR PURPOSES P 0 S E S ONT ON T THE H E CONSIDERATION OF ONLY THOSE FACTORS FACTORS FACTORS FAC FAC- TORS R RELATIVE E L A T I V E TO fa SUCH AGRICULTURAL USE Be it resolved by the ic Legislature Legis lature of 0 the Slate State of Utah Ulah two Iwo thirds hirIS of all members elected to each of th t it two houses voting in ill favor thereof thereof thereof there- there of Section i 1 It is proposed to amend Article XIII Section Set See tion 3 of the Constitution of the tile State of Utah to read as follows Section 3 The Legislature shall shill provide by 13 law la a uniform uniform uni uni- form and ind equal rate of assessment assess assess- ment and taxation on all tangible tangible tan tan- gible property in in the State according to its value in III money and shall prescribe by iy bylaw law such uch regulations as shall secure a just valuation for taxation of such uch property so that every person lerson and corporation cor cor- shall pay a tax in proportion to lo tile the value of his her lien or its ils tangible tan property provided that the Legislature may determine the tile manner and extent of taxing tran transient livestock and livestock being fed for slaughter to be he Used useI for Ii hum human U in a 11 n a consumption Land used for agricultural purposes may as till the Legislature Legis lature prescribes he be a- a essed according to its ils value for agricultural use without regard regard re re- re- re gard ard to the value it may amy have for other otiler purposes Intangible ble bk property may he lie exempted exempt ed from taxation as us property or it may he taxed in such manner and to such extent as ns the Legislature may pro pro- o vide Provided that if iCil intangible intangible an gible property be taxed as property tile the rate thereof shall not exceed five mills on onel C el each Ii c Ii h dollar of valuation When Then exempted l ted from taxation taxation taxa taxa- tion as US pro property the taxable income shall he be taxed under any tax based on incomes hut but when taxed by hy bythe bythe hythe the State of Utah as property prop erty the income shall not also abo he be taxed The Lc Legislature may provide rov dc for deductions exemptions exemption andor and ind indor or offsets on any tax based upon income income The personal income tax rates shall be graduated hut but the lie maximum rate shall not exceed six percent percent percent per per- cent of net income No excise tax rate based upon income shall exceed four percent of I Inet net income The Tile rate limitations limitations limita limita- herein contained for tax taxes based on income and for taxes on intangible property shall be effective until Janu Janu- ary 1 1937 and thereafter until changed by law by a I vote of the majority of the members elected to lo each house of the Legislature All revenue received from taxes J on oil income or from taxes on intangible property shall be allocated to the support of the public school system as ng defined in III Article X Section 2 of this Constitution Section 2 The Secretary of State Stale is is directed to submit submit submit sub sub- mit this proposed ed amendment to the electors of the State of Utah at the tile next general election election elec elec- dee dee- tion ion in the manner provided by law Section 3 q If JJ by the he state this amendment shall take take- effect cHeel on January 1 1969 PROPOSITION NO 5 13 j MANDATORY RETIREMENT OF JUDGES A J JOINT 0 I NT N T RESOLUTION PROPOSING TO AMEND ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF UTAH BY THE ADDITION OF SECTION 28 AUTHORIZING AUTHORIZING AUTHORIZING AUTHOR AUTHOR- IZING THE LEGISLATURE LEGISLA LEGISLA- l' l TUllE TURE U R E T TO 0 PROVIDE FOR THE MANDATORY l R RETIREMENT E T IRE 1 E NT AND FOR R REMOVAL E l I 0 V A L OF JUDGES FROM 1 OFFICE Be it resolved by the it Legislature Legis Legis- lature stare of till the Stale of 0 Utah two iwo thirds of all members elected to lo each cad of 0 I tivo houses voting in in 1 favor thereof there lucre of 0 Section 1 It i. i is proposed to amend Article VI VIII II of the Constitution of the State of Utah by the addition of Section Section Sec See tion 28 to read rend f Section 28 TIlt hit Ie Legislature Legisla Legisla- ture tute may provide uniform standards for mandatory retirement retirement re re- re- re and arid for removal of judges from office Legislation Legisla tion iOn implementing this tills section section sec sec- tion ion shall he lie applicable only to conduct occurring rn ug sub subsequent t quent to lo the tile effective date of such legislation Any determination determination deter deter- requiring the tiit retire retire- ment or 01 removal of a judge e efrom from from office shall 11 he subject to review as is to both hoth law and facts by the tue Supreme Court This Thi section i. i is additional I to 0 11 and tin en cumulative in t ive with vit il the tile methods method of removal of justices justices jus jus- tices ices and judges provided in m Sections 1 11 1 and 27 of this tills Article Art ide Section 2 The Flie Secretary of State is i-i is directed |