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Show i ( UTAH: BE IT ENACTED BY THE PEOPLE OF THE STATE OF thereafter, and at the session next following such enumeration, and also at the session next following an enumeration made by the authority of the United States, shall revise and adjust the apportionment for senators and representatives on the basis of such enumeration according to ratios to be fixed by law. In accordance with Section Utah Code Annotated, 1953, I, W. Val Oveson, Lieutenant Covemor of the State of Utah an causing texts of the following Propositions and Initiatives which will appear on the ballot at the General Election to be held Tuesday, November 8, 1988 to be printed in at least one newspaper in every county of the state where a newspaper is published. 1, COMPLETE TEXT OF PROPOSITION NO. BAIL AMENDMENT 1 SUBSTITUTING THIS RESOLUTION FOR A RESOLUTION PASSED AT THE 1988 GENERAL SESSION OF THE 47TH AND PROVIDING AN EFFECTIVE DATE. REPEALS AND WITHDRAWS ENROLLED COPY NO. 3 PASSED AT THE 1988 GENERAL SESSION OF THE 47TH LEGISLATURE AND REPLACES IT WITH THIS RESOLUTION, AND PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS: THIS RESOLUTION SJ.R. AMENDS: ARTICLE I, SEC. 8 the Legislature of the state of Utah, two thirds of all members elected to each of the two houses voting in favor thereof: Be it resolved by Section 1. It is proposed to amend Article I, Sec. 8, Utah Constitution, to read: Sec. 8. QJ AH prisoners persons charged with a crime shall be bailable by sufficient sureties, except for): ) fa) persons charged with a capital I offenses) offense when the proof ts evident or the presumption strong or where a person is aecused of the commission of there is substantial evidence to support the charge: or I fb) persons charged with a felony while on probation or parole, or while free on bail awaiting trial on a previous felony charge, I L I J .,4 ft ttrn a n i ajui w titc nunc Ima oiiu lyjLAjM iTiT"uTiiiiuii inc jttwi ra ctiucni siiviig i wnni there is substantial evidence to support the new felony charge: or 4 fc) persons charged with anvothercrime. designated by statute as one for which bail may be denied, if there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community or is likely to flee the jurisdiction of the court if released on bail. (2) Persons convicted of a crime are bailable pending appeal only as prescribed by law. Section 2. Enrolled copy SJ.R. No. 3 passed at the 1988 General Session of the 47th Legislature is repealed and withdrawn in its entirety from the next general election. 3. The lieutenant governor is directed to submit in lieu thereof this proposed amendment to the electors of the state of Utah at the next general election in the manner provided by law. Section ' Article IX, Sec. 4. When more than one county shall constitute a senatorial district, such counties shall be contiguous, and no county shall be divided in the formation of such districts unless such county contains sufficient population within itself to form two or more districts, nor shall a part of any county be united with any other county in forming any district. REPRESENTATIVE Section 4. If approved by the electors of the state the amendment proposed by this joint resolution shall take effect on January 1. 1989. COMPLETE TEXT OF PROPOSITION NO. 2 MISCELLANEOUS AMENDMENT A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO MISCEL-LANEOU- S AMEND THE UTAH CONSTITUTION; PROVIDING TECHNICAL AND CLEANUP CHANGES; AND AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS: AMENDS: ARTICLE IX, Sec. 1; ARTICLE XXII, SEC. 1 PROVIDING ENACTS: ARTICLE XXII, SEC. 3 RENUMBERS AND AMENDS: ARTICLE IX, SEC. 3 TO SEC. 2 REPEALS: ARTICLE IX, SEC. 2; ARTICLE IX, SEC. 4; ARTICLE XIX, SEC. I; ARTICLE XIX, SEC. 2; ARTICLE XIX, SEC. 3 Be it resolved by the Legislature of the state of Utah, two thirds of all members thereof: elected to each of the two houses voting Section 1. It is proposed to amend Article Constitution, to read: in favor IX, Sec. 1, Utah 9 liBA ILuuwmumU n(ivr J OlwlvS !. kpr v i iv iiv pnrjvrnvollVt III Ililhatv vvilprwtj Ol IIIC t7iltiivy yvl . T J CiaxiA ,4 La IamIa Iiaiu iTTtTTI ITT omm ITtv Otut at rafgT tTTT IfIC ltlC3U8y HfXl UlCP vievnu the frst Monday tn November, AtBt 1 898, and thereafter at such times and plaees, and tn sttch manner as may be prescribed by law: When a new apportionment sbaH be made by Congress, At the session next following an enumeration made by the authority of the United States, the Legislature shall divide the state into congressional legislative, and other districts accordingly. I 1 a Waaxli Section 2. It is proposed to renumber Article IX, Sec. 3 to Article IX, Sec. 2, Utah Constitution, and amend, as renumbered, to read: Sec. 3 2. The Senate shall consist of eighteen members, and the House of Representatives of forty-fiv- e members. The Legislature may increase the number of senators and representatives; but the senators shaH never a membership not to exceed (thirty Iwentvnine in number, and the number of representatives shall never be less than twice nor greater than three times the number of senators. Section 3. It is proposed to amend Article Constitution, to read: XXII, Sec. 1, Utah Sec. I. The Legislature shall provide by law; statute for the selection by each head of a family, an exemption of a homestead, which may consist of one or more parcels of lands, together with the appurtenances and improvements thereon of the value of at least fifteen hundred dollars, from sale on execution. The County of Box Elder shall constitute the First Representative District, and be entitled to one representative. The County of Cache shall constitute the Second Representative District, and be entitled to three representatives. The County of Rich shall constitute the Fourth Representative District, and be entitled to four representatives. The County of Morgan shall constitute the Fifth Representative District, and be entitled to one representative. The County of Davis shall constitute the Sixth Representative District, and be entitled to one representative. The County of Tooele shall constitute the Seventh Representative District, and be entitled to one representative. The County of Salt Lake shall constitute the Eighth Representative District, and be entitled to ten representatives. The County of Summit shall constitute the Ninth Representative District, and be entitled to one representative. The County of Wasatch shall constitute the Tenth Representative District, and be entitled to one representative. The County of Utah shall constitute the Eleventh Representative District, and be entitled to one representative. The County of Uintah shall constitute the Twelfth Representative District, and be entitled to one representative. The County of Juab shall constitute the Thirteenth Representative District, and be entitled to one representative. The County of San Pete shall constitute the Fourteenth Representative District, and be entitled to two representatives. The County of Carbon shall constitute the Fifteenth Representative District, and be entitled to one representative. The County of Emery shall constitute the Sixteenth Representative District, and be entitled to one representative. The County of Grand shall constitute the Seventeenth Representative District, and be entitled to one representative. The County of Sevier shall constitute the Eighteenth Representative District, and be entitled to one representative. The County of Millard shall constitute the Nineteenth Representative District, and be entitled to one representative. The County of Beaver shall constitute the Twentieth Representative District, and be entitled to one representative. The County of Piute shall constitute the Twenty first Representative District, and be entitled to one representative. The County of Wayne shall constitute the Twenty second Representative District, and be entitled to one representative. The County of Garfield shall constitute the Twenty-thirRepresentative District, and be entitled to one representative. The County of Iron shall constitute the Twenty-fourtRonrevnutive District, and be entitled to one representative. The County of Washington shall constitute the Twenty-fiftRepresentative District, and be entitled to one representative. The County of Kane shall constitute the Twenty-sixtRepresentative District, and be entitled to one representative. The County of San Juan shall constitute the Twenty-seventRepresentative District, and be entitled to one representative. h h Utah Code Annotated 1953, as last SECTION 2. Section 59 amended by Chapters 21 and 47, Laws of Utah 1985, anj renumbered to read: by Chapter 2, Laws of Utah 1987, is repealed and DEFINITIONS. As used in this chapter (1) "Local governmental unit" means any city, town, county, school district, special district, or any other political subdivision of Sec. 3. The seat of state government shall be at Salt Lake City. Section 5. It is proposed to repeal Article IX, Sec. 2, Article Sec. 4, Article XIX, Sec. I, Article XIX, Sec. 2 and Article IX, XIX, Sec. 3, Utah Constitution. Section 6. The lieutenant governor is directed to submit this proposed amendment to the electors of the state of Utah at lie next general election in the manner provided by law. Section 7. If approved by the electors of the state, the amendment proposed bv this joint resolution shall take effect on January 1. 1989. Language repealed in Section 5 Proposition 2 Article IX, Sec. 2. The Legislature shall provide by law for an enumeration of the slate. (2) Unit of government" means the state or a local governmental unit. (3) Legislative body" means the Legislature or the governing ' body of a local governmental unit. (4) Personal income means the total personal income of the state as measured and estimated by the Department of Employment Security. By September 1 of each year, the Department of Employment Security shall adopt final estimates of personal income. (6) Population" means the number of residents of the state or local governmental unit, but in respect to school districts, "population" means the number of students in average daily membership. Population" of special districts or special improvement districts shall be determined by the county in which the district is located, or in the case of districts encompassing more than one county, by the most populous county within the district. Population of all other units of government shall be estimated by the Department of Employment Security. By September 1 of each year, the respective school districts and counties and the Department of Employment Security shall adopt final population estimates. (6) Per capita personal income" means the result obtained for the state by dividing personal income of the state by the state's population as pursuant to Subsections (4) and (5). (7) Fiscal emergency means an extraordinary occurrence requiring unanticipated and immediate expenditure to preserve the health and safety of the people. (8) "Appropriation means appropriation or budget, whichever (9) "Revenue" means the revenue of the unit of government from every tax, penalty, receipt, and other monetary exaction and interest connected with it, except as specifically exempted by this chapter. (10) Security" means any bond, note, warrant, or other evidence of indebtedness, whether or not such bond, note, warrant, or other evidence of indebtedness is or constitutes an indebtedness" within the meaning of any provision of the Constitution or laws of the state of Utah. Until otherwise provided bylaw, the Senatorial Districts shall be constituted and numbered as follows: The Counties of Box Elder and Tooele shall constitute the First District, and be entitled to one senator. The County of Cache shall constitute the Second District, and be entitled to one senator. The Counties of Rich, Morgan, and Davis shall constitute the Third District, and be entitled to one senator. The County of Weber shall constitute the Fourth District, and be entitled to two senators. The Counties of Summit and Wasatch shall constitute the Fifth District, and be entitled to one senator. The County of Salt Lake shall constitute the Sixth District, and be entitled to five senators. The County of Utah shall constitute the Seventh District, and be entitled to two senators. The Counties of Juab and Millard shall constitute the Eighth District, and be entitled to one senator. The County of San Pete shall constitute the Ninth District, and be entitled to one senator. Hie Counties of Sevier, Wayne, Piute, and Garfield shall constitute the Tenth District, and be entitled to one senator. The Counties of Beaver, Iron, Washington, and Kane shall constitute the Eleventh District, and be entitled to one senator. The Counties of Emery, Carbon, Uintah, Grand, and San Juan shall constitute the Twelfth District, and be entitled to one senator. Article XIX, Sec. 1. All Institutions and other property of the Territory, upon the adoption of this Constitution, shall become the Institutions and property of the State of Utah. Article XIX, Sec. 2. Reformatory and Penal Institutions, and those for the benefit of the Insane, Blind, Deaf and Dumbe, and such other institutions as the public good may require, shall be established and supported by the State in such maimer, and under such boards of control as may be prescribed by law. Article XIX, Sec. 3. The Public Institutions of the State are hereby permanently located at the places hereinafter named, each to have the lands specifically granted to it by the United States, in the Act of Congress approved July 16, 1 894, to be disposed of and used in such manner as the legislature may provide: First: The Seat of Government and the State Fair at Salt Lake City. Second: All other institutions of the State to be located at such places as the legislature may provide except as otherwise specifically set forth in this constitution. COMPLETE TEXT OF INITIATIVE A (The Peoples Tax and Spending limitation Amendments) AN ACT LIMITING RESIDENTIAL PROPERTY TAXES TO 34 FAI R MARKET VALUE AND ALL OTHER PROPERTY TAXES TO 1 by Chapter 197, Laws of Utah 1979, and renumbered by Chapter 2, to read: Laws of Utah 1987, is repealed and 59 STATE APPROPRIATIONS LIMIT-FORMULFOR CALCULATION. There is established a state appropriations limit for each fiscal year beginning after June 30, 1988. For each of these fiscal years the annual legislative appropriations for this state, its agencies, departments, and institutions shall not exceed that sum determined by the following formula in which R" equals the most recent years personal income for the state, P equals the prior years personal income for the state, and A" equals the prior years appropriation for the state, its agencies, departments, and institutions, as adjusted by the exemptions provided in section ..... A (.85 AND REVENUE AND UPON (R-l)- I A , maximum appropriations P The recommendations and budget analysis prepared by the Office of Legislative Fiscal Analyst, as required by Chapter 12 of Title 36, shall be strictly in compliance with the limitations imposed by this Chapter. Utah Code Annotated 1953, as enacted SECTION 4. Section 59 by Chapter 197, Laws of Utah 1979, and renumbered by Chapter 2, to read: Laws of Utah 1987, is repealed and ULA 59 17 104. LOCAL GOVERNMENTAL UNIT REVENUE FOR CALCULATION. There is established a revenue limit for local governmental units for each fiscal year beginning after December 31, 1988. For each of these fiscal years revenues of each local governmental unit shall not exceed the sum determined by the following formula in which "R" equals the current years per capita personal income of the state, P equals the prior years per capita personal income of the state, A" equals the prior year's revenue limit of the local governmental unit, as adjusted by the exemption provided in section except for the first year in which the limitation applies to a local governmental unit, A equals the prior years total revenue for the local governmental unit, as adjusted by the exemptions provided X for in section equals the current year's population of the local governmental unit, and "Y equals the prior years population of the local governmental unit: A ,90(R-1- ) AX maximum revenues. Y P LIMIT-FORM- SECTION 5. Section 59 Utah Code Annotated 1953, is enacted to read: 59 17 104.5. PROPERTY TAX LIMITATION ON STATE AND LOCAL GOVERNMENTAL UNITS. There is established a maximum ad valorem tax on any property in the State of Utah not to exceed s of one percent of the fair market value of residental property, as defined in Section 59 2 103, and one percent of the fair market value of property other than residential property. The tax shall be collected and apportioned as provided by law. The limitation provided for in this section shall not apply to (34) three-fourth- (1) -- es levied for the payment of principal and interest on legally ssued bonds, notes, leases or other indebtedness incurred prior to the passage of this act or incurred after the passage of this act with approval of a majority of the qualified electors voting thereon at a general election. SECTION 6. Section 59 Utah Code Annotated 1953, is enacted to read: 59 17 104.6. TAX INCREASES OTHER THAN AD VALOREM TAXES REQUIRED TO BE SUBMITTED TO BALLOT OF ELECTORS. New taxes and increases in the rates ol any non aa valorem taxes of any political subdivision of the state n.ust be approved by a majority of the qualifed electors thereof voting at an election called for such purpose in accordance with, so far as applicable, provisions of the Municipal Bond Act. NOTE: See Utah Code Annotated 1953, Section 59 17 105 thru Section for the complete act. OF OF FAIR MARKET VALUE, EXEMPTING CERTAIN TAXES LEVIED FOR PAYMENT OF LEGALLY INCURRED INDEBTEDNESS FROM THE PLACING LIMITATIONS ON STATE GOVERNMENT LIMITATION, APPROPRIATIONS Utah Code Annotated 1953, as enacted SECTION 3. Section DISTRICTS TAX AND SPENDING LIMITATIONS Section It is proposed to enact Article XXII, Sec. 3, Utah Constitution, to read: 4. Section provided for by law. DISTRICTS. Until otherwise provided by law, representatives shall be apportioned among the several counties of the Slate as follows: Provided, That in any future apportionment made by the Legislature, each county shall be entitled to at least one SENATORIAL 1. addition representative. A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; RELATING TO BAIL; LEGISLATURE; Utah Code Annotated 1953, as enacted renumbered by Chapter 2, by Chapter 197, Laws of Utah 1979, and to read: and Laws of Utah 1987, is repealed PURPOSE OF ACT. It is the purpose of this Chapter 69 to place limitations on state government appropriations and revenue and upon the taxing authority of local governmental units based upon of units of changes in Utah personal income and the population be in shall government. The limitations imposed by this chapter otherwise revenue and to limitations on tax levies, rates, SECTION COMPLETE TEXT OF INITIATIVE B TAX REDUCTIONS (The Peoples Tax Reduction Act) THE TAXING AUTHORITY OF LOCAL GOVERNMENTAL UNITS BASED UPON CHANGES IN UTAH PERSONAL INCOME AND THE POPULATION OF UNITS OF GOVERNMENT, REQUIRING A VOTE OF THE PEOPLE TO IMPOSE NEW TAXES AND INCREASES IN TAXES OTHER THAN AN ACT REDUCING THE RATE OF STATE INCOME, SALES MOTOR FUEL, AND TOBACCO PRODUCTS TAXES TO 1886 LEVELS-PROVIDINAN EFFECTIVE DATE. PROPERTY TAX BY LOCAL UNITS OF GOVERNMENT, AND REQUIRING THE DEPARTMENT OF EMPLOYMENT SECURITY TO ADOPT PERSONAL INCOME AND POPULATION FIGURES FOR IMPLEMENT10N OF REVENUE AND APPROPRIATIONS BE IT ENACTED BY THE LEGISLATURE OR BY THE PEOPLE OF THE STATE OF UTAH: 1. Section 59 10 104, Utah Code Annotated 1953, as renumbered and amended by Chapter 2, Laws of Utah 1987, is to read: repealed and A tax is hereby imposed on the state taxable income, 111 and 69 as defined in Sections of every resident individual, determined: SECTION 59-1- rngrnm w |