Show Proposed Changes in Utah's Constitution STATE OF OP OFFICE OF TH THE SECRETARY OF STATE SALT SAIT LAIE August 30 1968 Dear Deai- Fellow Citizens The Legislature of the State of Utah has entrusted me with the responsibility for fOl publishing pub pith lishing the following Propositions which relate re re- late kite to changes in the Constitution of the ic State of Utah In the thc beginning of the body of each Pro Proposition Proposition position po- po we have set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on N November ot 5 1968 Bec Because of the very serious nature of these Propositions Propositions Propositions which your YOW State Legislature has caused to be placed before you I urge that each of you study the text of f the Propositions in fulLI full I urge you to nit consult wi h your YOW friends neighbors and local civic leaders in iu order that you may gain all information necessary to render rendel a just lust and wise decision Sincerely CLYDE L. L MILLER State Secretary of PROPOSITION NO 1 LEGISLATIVE SESSIONS A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND ARTICLE VI VI SECTION 2 AND SECTION 16 16 OF THE CONSTITUTION OF THE STATE OF OFU U UTAH l' l A H RELATING roTHE TO ro THE TIME AND DURATION DURATION DURATION DURA DURA- TION OF SESSIONS OF THE LEGISLATURE Be LIe it resolved by the ic Legislature Leg Leg- of the ic State Stale of Utah two Iwo thirds of all members elected to each of the ic two tuo fJ houses voting in favor thereof thereof there there- of Section 1 It is proposed to amend Article VI Section 2 and 16 of the Constitution of the State of Utah to read rend as follows Sec 2 Sessions of the Legislature Legislature Legislature Leg Leg- shall be he held annually annually annu annu- ally at the seat scat of government and shall begin on the second Monday in January A general general general gen gen- eral session shall be held during dur duro ing odd-numbered odd years and anda a budget session shall be held during even numbered years Legislation on not directly related related related re re- re- re to the state budget may be considered by the Legislature Legislature Legis Legis- lature during budget sessions only if permitted by a joint resolution p passed n a s s e d by hy two- two thirds of the members elected to each house Sec 16 No general session of the Legislature shall exceed ex cx- sixty calendar days except ex cx- in cases of impeachment No budget session shall exceed exceed ex ex- twenty calendar days except in cases of impeachment impeach impeach- ment No spec special al session shall exceed thirty calendar days except in cases of im im- im- im When any session session session ses ses- sion sion of the Legislature trying cases of impeachment exceeds ex cx- Uw number of calendar days it may remain in session sos ses sion as provided in m this sec see tion The members shall receive re rc- rc for compensation only the usual per diem Hem expenses and mileage Sec 2 The Secretary of State Slate 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 Sec See 3 If adopted by the electors of this state this amendment shall shull take effect the first day of January 1969 PROPOSITION NO 2 COMPENSATION COl OF LEGISLATORS A J JOINT 0 I N T l' RESOLUTION PROPOSING TO AMEND ARTICLE VI SECTION 9 OF THE CONSTITUTION CONSTITUTION CONSTITUTION TION OF THE STATE OF ur UTAH urAH A H RELATING TO COMPENSATION TO TOBE TOBE TOBE BE PAID TO MEMBERS OF THE LEGISLATURE FOR THEIR SERVICES AND THE PA PAYMENT Y OF EX EXPENSE PEN SEA AND N D 1 MILEAGE I LEA G E ALL ALLOW ALLOW- 0 V ANCES Be it resolved by the Legislature Legis lature lalure of the State of Utah two thirds of all members elected to each of the two houses louses voting in favor thereof thereof thereof there there- of Section 1 It is proposed to amend Article VI Section 9 of the Constitution of the State of Utah to read as follows follows follows fol fol- fol- fol lows Section 9 The members of the Legislature shall receive compensation of 25 per er diem while actually in session expenses ex cx- of 15 per diem while actually in in session and mileage mileage mile mile- age as provided by law Section 2 2 The Secretary of State is directed to submit this proposed amendment to the electors of the state stale of Utah at the next general election election elec elec- tion in the manner provided by hy law Section 3 If adopted by bythe bythe bythe the electors of this state this amendment shall take effect on January 1 I 1 l 1969 1069 69 PROPOSITION NO 3 INVENTORY TAX REPEAL A J JOINT 0 I N T l' RESOLUTION PROPOSING TO A AMEND A ARTICLE R l' l I C LEX XIII I II SECTION SEC TION 2 2 OF THE CONSTITUTION CONSTITUTION CONSTITUTION CON CON- OF T l' THE H E ESTATE ESTATE STATE OF UTAH RELATING RELATING RE RE- LATING TO AN AD VALOREM T l' TAX A X EXEMPTION EXEMPTION EXEMPTION EX EX- EMPTION F FOR 0 R TANGIBLE TANGIBLE TANGIBLE TAN TAN- GIBLE PERSONAL PRO PROPERTY PER l' l Y CONSTITUTING CONSTITUTING INVENTORY AND HELD FOR SALE IN THE 0 ORDINARY R DIN A H Y COURSE OF BUSINESS Be it resolved by the sc Legislature Legislature Legislature Legis Legis- lature of the State of Utah two Iwo thirds t of all members elected to each of the two houses voting in favor thereof thereof there there- of Section 1 It is proposed to amend Article XIII Section Section Sec Sec- tion 2 of the Constitution of the State of Utah to read as follows Section 2 All t tangible n a n g i b I 1 e property in the state not exempt ex cx- empt under the laws of the United States or under this constitution shall be taxed in proportion to its value to be ascertained as provided by law The property of the state stale counties cities towns s 5 school c h o 00 o I 1 districts municipal corporations and public li libraries lie 11 lots with the buildings buildings build build- ings thereon used exclusively for either religious worship or charitable purposes and places laces of burial not held or used for private or corporate benefit shall be exempt from taxation Tangible personal property present in Utah on January 1 m. m which is held for sale or processing and which is shipped to final destination destination des des- outside this s state t tat a t e within twelve months may be deemed by law to have acquired acquired ac ac- ac no situs in Utah for purposes of ad valorem property prop erty taxation and may be exempted ex cx- empted by law from such taxation whether manufactured processed or produced or otherwise originating within with with- in or without the state stale Tangible Tangible Tangible Tan Tan- gible personal property properly present present present pres pres- ent in Utah on January 1 I m. m held for sale in 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 Cor purposes of ad valorem 1 pro property r 0 l per e r t y taxation to lo be he exempted Water Waler r rig rights i g ii h t s ditches c can canals a n a 1 Is s reservoirs power plants p pumping u m p pin i n g gp p plants I 1 a ant ii t s transmission lines pipes and flumes owned and used by individuals or corporations corporations cor car for irrigating land within the state owned by such individuals or corporations corporations corporations corpora corpora- or the individual members mem mem- hers bers therEof shall not be separately taxed so long as they shall be owned and used exclusively for such sueh purposes Power I p plants I a ant n t s power lover transmission lines and other property properly used for generating gen gen- erat crating ng and delivering electrical electrical elec elec- power over a portion of which is used for furnishing power ROwer for pumping water waler for irrigation purposes on lands in the state of ol Utah may be he exempted from taxation to lo the extent that such property is used for such purposes These exemptions shall accrue accrue ac accrue ac- ac crue to lo the benefit of the users of water so pumped under such regulations as the legislature may p prescribe rese ri be The taxes of the indigent poor lOO may be rm remitted or abated abated abat abate ed cd at such times limes and in such manner as may be provided by law The legislature may provide for the exemption f fro from r o ni m taxation of homes homesteads and p per personal e r s son o ii a 1 property properly not to lo exceed 2000 in value for homes home homesteads homesteads home home- and all household furnishings furnishings furnishings fur fur- f fur furniture U r n nit i t u rt re and equipment used exclusively by the owner thereof at hi his place Ilace of abode in maintaining a home for himself and ancl fam fam- ily Property Properly not nol to lo exceed in value owned by hy disabled disabled disabled dis dis- persons who served in in any my war in the military service service ice of the United State Stales or of the state slate of Utah and by bv bythe the unmarried widows widow arid and minor orphans of such disabled disabled dis dis- dis- dis persons or of persons who while serving in the military mili tary service of the Iho United States or the state of Utah were killed kled in action or died as a n result of such service may amy be lc exempted as the legislature legislature leg leJ- may provide The legislature shall provide provide provide pro pro- vide by law for an annual tax sufficient with other oilier sources of revenue to lo defray the esti mated ordinary expenses of the state for each fiscal year For the purpose of paying the state stale debt if any there be the legislature shall shaH provide for Cor levying a tax lax annually sufficient to lo pay the annual interest and to lo pay the principal principal prin prine cipal of such debt within twenty years from the final passage of the law creating the debt Section 2 The Secretary of State is directed to lo submit this proposed amendment to the electors of the state of Utah Ulah at the next general election elec tion in th the manner provided by law Section 3 If adopted by bythe bythe bythe the electors of this state stale this Amendment shall shaH take effect the first day of January 1969 PROPOSITION NO 4 AGRICULTURE LAND TAXATION A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND AMENDA A ARTICLE R l' l I C L E XIII SECTION SEC SEC- TION 3 OF THE CONSTITUTION CONSTITUTION CONSTITUTION OF THE STATE OF UTAH TO PROVIDE THAT ALL LAND DESIGNATED DESIGNATED DESIGNATED DES DES- FOR A AGRI AGRICULTURAL G R H I CULTURAL USE MAY MAYBE MAYBE MAYBE BE ASSESSED FOR ALL TAX PURPOSES ON ONT T THE H E CONSIDERATION OF ONLY THOSE F FACTORS FACTORS FAC FAC- ACTORS AC- AC TORS R RELATIVE E L A l' l I V E TO SUCH AGRICULTURAL USE Be it resolved by the ic Legislature Legis Legs lature lalure of the ic State Stale of Utah Ulah two thirds t of all members elected to each cach of the ic two houses vat voting in in n favor thereof there 1 of Section 1 It is proposed to lo amend Article XIII SeCtion Sec See tion lion 3 of the Constitution of the State of Utah to read as fol follows lows Section 3 The Legislature shall provide by law Ia a uniform uniform uni uni- form and equal rate rale of asse assessment assess assess- ment and taxation on all tangible tan tan- gible property properly in the State according to its ils value in money and shall prescribe by hy bylaw bylaw law such regulations as shall secure a just valuation for taxation of such property IHO so that every person ann and md corporation cor- cor shall pay pa a u tax in proportion to the value of hi his her or its tangible property properly provided that the Legislature may mav determine the manner and extent of taxing transient livestock and and livestock hlin being leing fed for slaughter to be he u u- used ed for Ii hum human u in a n ii consumption Land used for agricultural purposes may mar as ns the till Ll I lature prescribes he be n s assessed wl according to lo its value for agricultural use without regard regard regard re re- re- re gard to the value it may have for other purposes Intangible ble bit property may muy be exempted exempt exempt- ed cd from taxation as property or it may be le taxed in such suh manner and to lo such extent as the Iho Legislature may pro pro- vide Provided that thai if intangible intangible intangible gible Irol property hl be taxed as property the rate thereof shall not exceed five mills on one e C each a c Ii h dollar of valuation When exempted from taxation taxation taxa taxa- tion as us property the taxable income shall he be taxed under any tax based on incomes but hut when taxed by hy bythe hythe the State of Utah as properly property property prop prop- erty erly the tIme income shall not nol also be taxed The rIme Legislature may provide for deductions exemptions and andor and or offsets on any an tax lax based upon income The personal income tax lax rates shall be graduated hut but the fhe maximum rate shall not exceed six siX ix percent per pcr cent of net income No excise se tax lux rate rale based upon income shall exceed four percent of oC net income The rate limitations limita limits herein contained for Cor taxes axes based on income and for taxes on intangible property shall be effective until Janu Janu- ary amy 1 I 1937 and thereafter until changed by law by a vote vole of the majority of the members elected to each house of the Legislature All revenue received from taxes on income or from taxes on intangible property shall be allocated to the support of the public school chool system as defined in Article Article- X Section 2 of this Constitution Section 2 The Secretary of State is directed to submit submit sub sub- mit this proposed amendment to the electors of the State of Utah at time the next general election election elec elec- tion in the manner provided by law Section 3 If adopted by bythe bythe bythe the electors of this state slate this amendment shall take tak effect on January I 1 1969 PROPOSITION NO 5 Il MANDATORY RETIREMENT OF JUDGES A J JOINT 0 i 1 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 TITlE LEGISLATURE LEGISLATURE LEGISLA LEGISLA- TU TURE RE TO PROVIDE FOR THE MANDATORY IANDA TORY RETIREMENT AND FOR REM REMOVAL 0 V A L OF JUDGES FROM FROl OFFICE Be it resolved by the Legis Legis- blare of the w Stale of Utah fleo wo thirds of all members elected to lo each eec of u i two houses vat voting ii in ill favor t thereof there hen of Section 1 I II It t is proposed to lo amend Article VIII of the Constitution of the time State of Utah by the addition of Section Section Section Sec Sec- tion 28 to lo rend read Section 28 TIll un Legislature Legisla Legisla- ln- ln ture may provide uniform standards for mandatory mandator retirement retirement re re- re and for Cor removal of judges from office Legislation Legisla Legisla- tion implementing this section sec- sec tim lion tion shall he be applicable only conduct to occurring to the effective date late of such legislation Any determination determination deter deter- requiring tit the retire retire- ment or removal of a judge from office shall bo hI subject to lo review as to both hoth law and facts fads by the thc Supreme Court This section is additional to and cumulative c with the time methods of oC removal of justice justices jus jus- tices tice and judges provided in I Sections 1 11 II 1 and 27 2 of this I Article S Section 2 The TIme Secretary of State is is 1 directed to submit this isis proposed amendment to lo lothe the time electors of time the state stale at atthe atthe atthe the next general election in inthe tit time the manner provided by ly law Section 3 This rids amendment amend ment shall hall take effect on approval approval ap ap- by hy the timi electors of the theS S state Ia Ic I CLYDE |