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Show The Garfield County Insider Page October 14, 2010 As directed by Utah Code 20A-7-103, I, Greg Bell, Lieutenant Governor of the State of Utah, do hereby certify that the following four constitutional amendments will appear on the ballot for the General Election to be held November 2, 2010. For more information, please visit www.vote.utah.gov. Proposed Constitutional Amendments: CONSTITUTIONAL AMENDMENT A Shall the Utah Constitution be amended to specify that elections currently required to be by secret ballot include elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee or individual representation? Utah Constitution Sections Affected: AMENDS: ARTICLE IV, SECTION 8 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Utah Constitution Article IV, Section 8, to read: Article IV, Section 8. [Election to be by secret ballot.] All elections, including elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee representation or individual representation, shall be by secret ballot. (2)Nothing in this section [shall] may be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election[: Provided, That], as long as secrecy in voting [be] is preserved. Section 2. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law. Section 3. Effective date. If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2011. CONSTITUTIONAL AMENDMENT B Shall the Utah Constitution be amended to: • specify the residency requirements for a person appointed to fill a vacancy in the office of state senator or state representative; and • prohibit a person appointed to the office of state senator or state representative from continuing to serve in that office if the person ceases to be a resident of the district for which the person was appointed? Utah Constitution Sections Affected: AMENDS: ARTICLE VI, SECTION 5 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Utah Constitution Article VI, Section 5, to read: Article VI, Section 5. [Who is eligible as a legislator.] [No] (1) A person [319-all-be] is not eligible to the office of senator or representative [who] unless the person is [net]: (a)a citizen of the United States; (b)at least twenty-five years of age; (c)a qualified voter in the district from which the person is chosen; (d)a resident of the state for three consecutive years immediately prior to: VI the last date provided by statute for filing for the office. for a person seeking election to the office; or (ii) the person's appointment to the office, for a person appointed to fill a mid-term vacancy; and (e) (i) a resident of the district from which the person is elected for six consecutive months immediately prior to the last date provided by statute for filing for the office[ 14e]; or (ii) a resident of the district for which the person is appointed to fill a mid-term vacancy for six consecutive months immediately prior to the person's appointment. (2) A person elected or appointed to the office of senator or representative [shah] may not continue to serve in that office after ceasing to be a resident of the district from which elected or for which appointed. Section 2. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law. Section 3. Effective date. If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2011. CONSTITUTIONAL AMENDMENT C Shall the Utah Constitution be amended to provide a property tax exemption to nonprofit entities for their: •water rights and specified facilities used within the state to irrigate land, provide domestic water, or provide water to a public water supplier; and • land occupied by and, under certain conditions, immediately adjacent to some of those facilities? Utah Constitution Sections Affected: AMENDS: ARTICLE XIII, SECTION 3 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Utah Constitution Article XIII, Section 3, to read: Article XIII, Section 3. [Property tax exemptions.] (1) The following are exempt from property tax: (a)property owned by the State; (b)property owned by a public library; (c) property owned by a school district; (d)property owned by a political subdivision of the State, other than a school district, and located within the political subdivision; (e)property owned by a political subdivision of the State, other than a school district, and located outside the political subdivision unless the Legislature by statute authorizes the property tax on that property; (f)property owned by a nonprofit entity used exclusively for religious, charitable, or educational purposes; (g)places of burial not held or used for private or corporate benefit; (h)farm equipment and farm machinery as defined by statute; [and] (i)water rights, reservoirs, pumping plants, ditches, canals, pipes, flumes, power plants, and transmission lines to the extent owned and used by an individual or corporation to irrigate land that is: (i)within the State; and (ii)owned by the individual or corporation, or by an individual member of the corporation[-]; and Ii) (i) if owned by a nonprofit entity and used within the State to irrigate land, provide domestic water, as defined by statute, or provide water to a public water supplier: (A) water rights: and (8) reservoirs, pumping plants, ditches, canals, pipes, flumes, and, as defined by statute, other water infrastructure; (ii) land occupied by a reservoir, ditch, canal, or pipe that is exempt under Subsection (1)(0(i)(8) if the land is owned by the nonprofit entity that owns the reservoir, ditch, canal, or pipe: and (iii)land immediately adjacent to a reservoir, ditch, canal, or pipe that is exempt under Subsection (1)(j)(i) (8) if the land is: (A) owned by the nonprofit entity that owns the adjacent reservoir, ditch, canal, or pipe; and (8) reasonably necessary for the maintenance or for otherwise supporting the operation of the reservoir, ditch, canal, or pipe. (2) (a) The Legislature may by statute exempt the following from property tax: (i)tangible personal property constituting inventory present in the State on January 1 and held for sale in the ordinary course of business; (ii)tangible personal property present in the State on January 1 and held for sale or processing and shipped to a final destination outside the State within 12 months; (iii)subject to Subsection (2)(b), property to the extent used to generate and deliver electrical power for pumping water to irrigate lands in the State; (iv)up to 45% of the fair market value of residential property, as defined by statute; (v)household furnishings, furniture, and equipment used exclusively by the owner of that property in maintaining the owner's home; and (vi)tangible personal property that, if subject to property tax, would generate an inconsequential amount of revenue. (b) The exemption under Subsection (2)(a)(iii) shall accrue to the benefit of the users of pumped water as provided by statute. (3) The following may be exempted from property tax as provided by statute: (a) property owned by a disabled person who, during military training or a military conflict, was disabled in the line of duty in the military service of the United States or the State; and (b) property owned by the unmarried surviving spouse or the minor orphan of a person who: (i)is described in Subsection (3)(a); or (ii)during military training or a military conflict, was killed in action or died in the line of duty in the military service of the United States or the State. (4) The Legislature may by statute provide for the remission or abatement of the taxes of the poor. Section 2. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law. Section 3. Effective date. If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2011. CONSTITUTIONAL AMENDMENT D Shall the Utah Constitution be amended to: •establish a five-member legislative ethics commission whose members may not include sitting legislators or registered lobbyists; •authorize the commission to conduct an independent review of complaints alleging unethical legislative behavior; and •authorize the Legislature to provide for: • procedures and requirements for filing a complaint; •the qualifications, appointment, and terms of commission members; and • commission duties, powers, operations, and procedures? Utah Constitution Sections Affected: AMENDS: ARTICLE VI, SECTION 10 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Utah Constitution Article VI, Section 10, to read: Article VI, Section 10. [Each house to be judge of election and qualifications of its members -- Expulsion -- Legislative ethics commission.] (1)Each house shall be the judge of the election and qualifications of its members, and may punish them for disorderly conduct, and with the concurrence of twothirds of all the members elected, expel a member for cause. (2)(a) There is established a legislative ethics commission with authority to conduct an independent review of each complaint alleging unethical legislative behavior, to determine whether the complaint merits further consideration by the house of the member against whom the complaint is made. (b) (i) The commission shall consist of five members. (ii) A commission member may not be a sitting legislator or a person who is registered as a lobbyist. (c) The Legislature may by rule provide for: (i)procedures and requirements for filing a complaint alleging unethical legislative behavior; (ii)the qualifications, appointment, and terms of commission members: and (iii)commission duties, powers, operations, and procedures. Section 2. Submittal to voters. The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law. Section 3. Effective date. If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2011. UTAH'S JUVENILE COURTS NOW ACCEPTING ONLINE PAYMENTS HATCH ON DISAPPOINTING JOBS REPORT The Utah State Courts' Juvenile Courts are now accepting online payments of fines, fees, and restitution statewide through a program called e-payments. To pay online, individuals can go to www.utcourts.gov/epayments, enter the case number, the first and last name of the person involved in the case, and the birth date. Credit cards accepted are MasterCard and Visa. Once the transaction is complete, an option to print a receipt or have one e-mailed to the individual paying the fine is available. "The courts continually strive to make our services more accessible to the public through our website," said Utah State Court Administrator Dan Becker. "The e-payment program provides a convenient and time-saving option for youth involved with Juvenile Court." In Sept. 2010, the state's District Courts began participating in the e-payment program. Since that time, the District Courts have collected nearly 15,000 payments online totaling more than $1.7 million. Utah Senator Says Stopping Tax Hikes Key to Recovery Senator Orrin Hatch (R-Utah) issued the following statement this morning after the Bureau of Labor Statistics released its monthly employment report that found that the nation's unemployment rate remains at 9.6 percent, the 14th straight month above 9.5 percent, the longest stretch since the 1930s: "Today's jobs report is a huge disappointment to the millions of unemployed Americans who are tired of this Administration's empty promises. Utahns know that more government, more spending and more taxes isn't the answer. They know that we need real pro-growth policies that will get the private sector and our job creators hiring again through less government spending, lower taxes, and less burdensome regulation. "An essential part of getting our economy moving again is stopping the tax hikes that are set to hit almost every American family on January 1st. But this White House and its Capitol Hill allies refused to act before Congress left town. Preventing these tax increases will add 1.4 percent to our Gross Domestic Product, and is the single most important thing Congress can do to spur a recovery. That's the kind of agenda our country deserves." |