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Show Proposed Changes in Utah's Constitution State of Utah OFFICE OF THE SECRETARY OF STATE Salt lakk crnr August 29, 196G Dear Fellow Citizens: The Legislature of the State of Utah has en-trustcd me with Vie responsibility for publishing the folloiving Propositions, which relate $o changes in the Constitution of the State of Utah. In the beginning of the body of each Proposition we have set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on November 8, 19GG. Because of the .very serious nature of these Propositions which' your State Legislature has caused to be placed before you, 1 urge that each of you study the text of the Propositions in full. I urge you to co7isult with your friends, neigh' bors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. Sincerely, CLYDE L.MlLLEli Secretary of State Be b resolved by two-thirds of the members elected to each branch of tho Legislature. PROPOSITION NO. 1 METROPOLITAN GOVERNMENT SHALL A NEW ARTICLE BE ADDED TO THE CONSTITUTION OF THE STATE OF UTAH TO PERMIT COUNTIES OF 75,000 OR MORE- PERSONS TO ES-TABLISH A METROPOLITAN FORM OF GOVERNMENT WITHIN METROPOLITAN REGIONS WHICH COULD REPLACE ANY OTHER EXISTING UNIT OF LOCAL GOVERNMENT WITHIN THE REGION. ', Section 1. Tho residents ol a 1 county with a resident population J of not fewer than 75,000 ' as determined by the last national or state census are empowered to establish a metropolitan region and provide, for the government thereof, subject only to the limitations of this article. Sec. 2. Notwithstanding any other provisions of the constitution of this state, a metropolitan government created in accordance with tho procedure outlined herein may assume or transfer powers and functions of existing governmental units, provide for revenue to support a metropolitan government, assume indebtedness of existing governmental units, transfer of -tidal records, funds and other property and assets, and provide for all matters necessary or incidental to the effectuation of the foregoing provisions. Sec 3. Whenever tho residents of a metropolitan region desire to create a metropolitan government, a petition to do so may be filed naming the metropolitan region and describing the boundaries thereof. Such petition shall bo signed by quau-tied electors equal to ten percent or more of the votes cast at the next preceding general election within the proposed metropolitan region and shall be filed in the office of tho Secretary of State, at least six months prior to the next general election. Sec. 4. The Secretary of State shall forthwith publish notice of the filing of the petition, naming the metropolitan region and set-tint forth tho boundaries thereof as described in the petition. The notice shall bo published once a week for six consecutive .weeks in a newspaper having a general circulation and published in tho . county containing land proposed to be included in the metropoli- tan region, and tho Secretary of State shall transmit a certified copy of the petition to the county clerk of tho county con- cerned. Tha matter shall be ! p placed before tho registered voter residing in the metro- politan region upon a ballot ; reading substantially, "Should a metropolitan typo of government be created? Yes ( ) or ' No ( )," at tho next general ! election held regularly after the filing of tho petition. ' Sec. 6. At tho time tho voters ! residing within the metropolitan region vote to approve or reject ' the metropolitan type of local ', government at a general elec- tion, they shall also vote for fif-' teen persons to bo members of I a charter commission to prepare . a plan of metropolitan gqvern- mcnt. Candidates shall be quali- fied electors residing within tho ', proposed metropolitan region, who shall bo nominated by petition signed, with their respective ! Addresses, by not fewer than fifty registered voters residing ' within tho proposed region. ! Said petition shMl bo filed with tho Secretary f State at least sixty days prior to tho general I election. If a majority of the electors voting upon tho ques- 1 J ' tion vote in the affirmative, tho 5 fifteen candidates receiving the highest number of votes cast at ' such election shall constitute the charter commission. Tha ballot j for a charter commission shall not contain any party designation. Sec. 6. If a metropolitan type of government is approved, the charter commission shall, within one month after being elected, on a day and time to bo set by tho Secretary of State, meet and organize. in tlje(metropolitan region and' proceed to frame a charter setting forth a plan of government for the metropolitan region. The expenses of the charter commission shall be ad-, vanced by tho state and tho state shall bo repaid by the metropolitan region within fivo years. Charter commissioners shall bo allowed no pay for their services, but shall bo allowed necessary expenses by the board nf nvaminnra Sec. 7. Tho chatter bo framed shall bo filed with the Secretary of State by the charter commission and then submitted to the qualified electors of the metropolitan region at an election to be held at a time to be determined by the charter commission, which shall be not less than sixty days subsequent to its completion and not more than one year from such date. Alternative provisions may be voted upon separately. Notice as to the manner of obtaining free copies of the proposed charter and its alternatives, certified by the chairman of the charter commission, shall be published in tho manner provided for notice of tuition in section A, Such proposqcl charter and alternative provisions approved by a majority of the electors voting thereon shall become the organic law of the metropolitan region at a time to. be fixed therein, and shall supersede any existing charters. The government created tnereDy may supersede any existing forms of government included in the metropolitan region if so provided in the charter. Adoption of tho charter shall not invalidate existing laws and ordinances not in conflict therewith. The metropolitan government sliall havo the power to amend, repeal or re-placo the ordinances of such superseded governmental units. Within thirty days after approval of tho charter, duplicate copies thereof, certified by the charter commistion chairman, shall be filed in the office of the Secretary of State, who shall deliver one copy thereof to tho officer of the metropolitan region designated by the charter after said officer qualifies. The charter may subsequently be amended or changed in the manner provided in Section 5 of Article XI of tho Constitution. r n ml ' 1!1 - oec. o. ino meirupuuuiii legion government shall be a body politic and corporate and have all rights, powers, jurisdictions and authority now exercised by towns, cities, counties and all special purpose districts. Such metropolitan region govtinment can sue and bo sued, subject to limitations, conditions and Iroceduro established by the egislature and tho rules of procedure promulgated by tho supreme court pertaining to municipal corporations. The charter of each metropolitan region shall designate the officer who may be served as process agent. This amendment shall take effect on approval by the ilec-ton of the Mate. PROPOSITION NO. 2 CONSTITUTIONAL CONVENTION CALL WHEREAS THE THIRTY-SIXTH LEGISLATURE OF THE STATE OF UTAH DEEMED IT NECESSARY 5 ' j TO CALL A CONVENTION TO REVISE OR AMEND THE CONSTITUTION OF THE STATE OF UTAH AND HAS RECOMMENDED THAT THE ELECTORS VOTE AT THIS ELECTION FOR OR AGAINST A CON-VENTION: THEREFORE VOTE EITHER. WHEREAS, the people of this sovereign State of Utah are blessed with the constitutional guarantees of life, liberty, property, and self government and, WHEREAS, the guarantee of self government itself extends to the right- of tho people to revise their constitutional charter; and WHEREAS, it is appropriate that the people should turn their attention periodically to a consideration of fundamental concepts of government and the machinery of government in the light of everchanging social and economic conditions; NOW. THEREFORE. BE IT RESOLVED by two-thirds of the members elected to each branch of the Legislature, that it be recommended to the electors to vote at tho general election to be held in I960 for or against a convention' to consider the Constitution of Utah and whether it shall bo amended or revised. By this action it is deemed necessary tliat such proposition be submitted to the said electors. BE IT FURTHER RESOLVED that the Secretary of State is directed to submit this proposition to tho electors of tho State of Utah in the general election to be held in 196(5. The proposition shall be submitted to the electors in tho following form: Whereas tho thirty-sixth Legislature of the State of Utah deemed it necessary to call a convention to revise or amend the Constitution of Utah and has' recommended that the electors vote at this election for or against a convention; therefore vote either, for a convention . against a convention if a majority of all the electors, voting at this election, shall vote for a convention, tho Legislature, at its next session, shall provide by law for calling the same. PROPOSITION NO. 3 SUCCESSION OF STATE AUDITOR AND STATE TREASURER SHALL SECTION 3 OF ARTICLE VII OF THE CONSTITUTION OF THE STATE OF UTAH BE AMENDED TO ALLOW THE STATE AUDITOR AND THE STATE TREASURER TO BE ELIGIBLE TO SERVE FOR NOT MORE THAN TWO SUCCES-SIVE TERMS RATHER THAN THE ONE TERM NOW ALLOWED. Section 1. It is proposed to amend Article VII, Section 3 of the Constitution of the State of Utah to read as follows: Sec. 3. No person shall be eligible to tho otfice of governor or secretary of stato unless he shall have attained to tho age of thirty years at the time of his election, nor to tho office of attorney general unless he shall liave attained the age of twenty five years at the time of his election, and have been admitted to practice in the supreme court of the territory or the state of Utah, nor unless he shall be in good standing at the bar at the time of his election. No person shall be eligible to any of the offices provided for in . section one of this article, unless at the time of his election he shall be a qualified elector, and shall havo been a resident citizen of the state or territory for fiv years next preceding his election. Tho state auditor and state treasurer shall be ineligible to serve for more than two successive terms. If adopted by tho electors of this state, this ariendmcnt shall take effect upon approval, PROPOSITION NO. 4 LEGISLATIVE STANDING COMMITTEE SHALL ARTICLE VI OF THE CONSTITUTION OF THE STATE 'OF UTAH BE AMENDED BY THE ADDITION OF SECTION' 33, AUTHORIZING EACH HOUSE OF THE LEGISLATURE TO APPOINT COMMITTEES TO SERVE BETWEEN LEGISLATIVE SESSIONS AS WELL AS DURING SES-SIONS. AND TO PROVIDE FOR THE STAFFING AND FINANCING OF SAID COMMITTEES. Section 1. It in proposed to amend Article VI of the Con-stitution of tho State of Utah by the addition of Section 33 to read; Section 33. In order to ex-V.tlito tho work of tho legislature, each house may by resolution provide for the ap- pointment of committees to ascertain facts and make recommendations as to any subject within the scope of legislative regulation or control, and joint committees, consisting of members of both houses, may be created by joint resolutions. A resolution creating any such committee may authorize it to act during sessions of tho legislature, during periods when the legislature is in adjournment or after final adjournment of a session. Any such committee shall have the powers and perform the duties provided by the resolution creating it, including the power of subpoena and the power to hire and to maintain staff, and in addition it shall have such powers and perform such duties as may bo provided by law or by the rules of the legislature or either house thereof. The legislature may provide for the payment of expenses necessarily incurred by any such Thi3 amendment, if adopted by the electors of the state, shall take effect the first day of January, 1967. PROPOSITION NO. 5 ANNUAL SESSIONS OF THE LEGISLATURE SHALL SECTIONS 2 AND 16 OF ARTICLE VI OF THE CONSTITUTION OF. THE STATE OF UTAH BE AMENDED TO PROVIDE FOR ANNUAL SESSIONS OF THE LEGISLATURE CONSISTING OF A GENERAL SESSION OF NOT TO EXCEED FORTY-FIVE LEGISLATIVE DAYS IN ODD NUMBERED YEARS AND A BUDGET SESSION OF NOT TO EXCEED TWENTY LEGISLATIVE D AY S IN EVEN NUMBERED YEARS. THIS PROPOSAL WOULD REPLACE A SIXTY CALENDAR DAY SESSION WHICH NOW MEETS EVERY OTHER YEAR. Section 1. It is proposed to amend Article' VI, Sections 2 and 16 of the Constitution of the State of Utah to read: Sec. 2. Regular sessions of the legislature shall bo held annually at tho seat of government. Regular sessions which shall be known as general sessions shall be held in odd-numbered years, and regular sessions which shall be known as budget sessions shall' be held in even-numbered years. Regular sessions shall commence at 12 o'clock, P.M. on the second Monday in January. At a budget session the legislature shall consider only (1) general appropriation bills for the succeeding fiscal year, (2) revenue bills necessary therefor, (3) bills necessary to implement appropriations in general appropriation bills for new projects, programs or services, (4) legislative matters submitted to the legislature in writing by the governor during the session, and (6) legislative matters brought before the session by introduction by two-thirds of the members of either house. The legislature, however, may provide' for its expenses. Sec. 16. No general session of the legislature shall exceed forty-five legislative days, and no budget session shall exceed twenty legislative days, except in cases' of impeachment and except that at the end of any regular session tho legislature may adjourn to a date when it shall convene for not to exceed five legislative days for the sole of reconsidering vetoed Eurpose ills, and line items in appropriation bills vetoed by the governor. No special session shall exceed thirty legislative days, except that at the end of any special session the legislature may adjourn to a date when it shall convene for not to exceed five legislative days for the sole purpose of reconsidering vetoed bills and line items in appropriation bills vetoed by the governor. Legislative days shall be calendar days but shall not include Saturdays, Sundays, legal holidays or periods when the legislature shall be in adjournment. If adopted by the electors of the state, this amendment shall take effect the first day of January, 1967. PROPOSITION NO. 6 CONVENING OF SPECIAL SESSION OF LEGISLATURE BY LEGISLATURE ITSELF SHALL A NEW SECTION BE ADDED TO ARTICLE VI OF THE CONSTITUTION OF THE STATE OF UTAH TO AUTHORIZE THE LEGISLATURE TO CALL ITSELF INTO SPECIAL SESSION UPON THE WRITTEN REQUEST OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE. Section 1. It is proposed to amend article VI of the Constitution of the State of Utah by tho addition of section 34 to read: Sec. 34. Special sessions of tho legislature (1) may be convened by the governor as provided in article VII, section 6, or (2) shall be convened by the presiding officers of the senate and house of representatives, acting jointly, upon written request by two-thirds of tho members of each house. At a special ' session ' convened by the presiding officers of the two houses, tho legislature shall consider only legislative matters brought before the session by resolution approved by two-thirds of the members of either house. The legislature, however, may provide for its expenses. If adopted by the electors of 1 the state, this amendment shall ' take effect the first day of January, 1967. PROPOSITION NO. 7 ; LEGISLATIVE COMPENSATION AND EXPENSES SHALL SECTION 9 OF ARTICLE VI OF THE CON- , STITUTION OF THE STATE ' OF UTAH BE AMENDED TO . |