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Show Utah Foundation reports: American citizenstake active part in making new laws Direct citizen participation participa-tion in the making and amending of state law has increased markedly in 1978, along with the much-discussed taxpayer revolt which has swept the nation, according to Utah Foundation, the private, non-profit public service institution. Sixteen states had propositions pro-positions on the recent November ballot which were placed there by citizen initiative, most of them dealing with some form of tax or spending-limitation, spending-limitation, the Foundation notes in a research report released this week. In addition, there are indications indica-tions that tax limitation matters will be placed before the legislatures of 15 slates in 1979. Utah had no initiative proposals on the November Novem-ber ballot at the state level, but the initiative was used to place local issues before the voters, including Salt Lake County's hotly-debated Proposition 1 proposing city-county unification. Initiative petitions are now being circulated to require the Legislature to consider a number of questions, mostly dealing with tax limitation. Legislative Devices The initiative, by which citizens may place desired legislation directly before the voters or before a legislative body, is one of the devices of direct legislation which came into prominence around the turn of the century as part of the Progressive movement in American politics. Other common direct legislative devices are the referendum, by which citizens may cause an action of the Legislature Legisla-ture to be held in abeyance until it is approved ap-proved or rejected by vote of the people; and the recall, by which elected officials may be removed before the expiration of their normal terms. Some political observers observ-ers believe the use of direct legislation is an expression of distrust in representative government govern-ment and an attempt to return to the principles of pure democracy (government (govern-ment directly by the people). It has been pointed out that the Progressive movement developed at a time when confidence in representative representa-tive institutions was at a low ebb. and that the present surge in the use of direct legislation comes when Americans' confidence con-fidence in representative government has been shaken by such things as Watergate, "Korea-gate," "Korea-gate," and the many sex and influence scandals that have rocked government. govern-ment. Utah amended its Constitution Con-stitution to provide for use of the initiative and referendum in 1900, just two years after South Dakota became the first state to do so. However, implementing legislation was not passed in Utah until 1917. The referendum referen-dum was first put to actual use in Utah in 1941, and the initiative not until 1952. Utah has never had a recall law, although one was proposed (through use of the initiative) in 1976 and was defeated, both in the Legislature and later by popular vote. Referendum Success The referendum has been used in Utah four times, and has always been successful in defeating defeat-ing legislative enactments. enact-ments. The initiative has been used seven times, only twice successfully: in 1960 to provide a merit system for the selection of deputy sheriffs, and in 1976 to forbid the State Board of Health to require the addition of fluorides "or any other medication" medica-tion" to public drinking water supplies without express approval of the people concerned. Proposuls may be placed plac-ed directly before Utah voters, by use of either initiative or referendum by submitting petitions carrying valid signatures of qualified voters equal in number to 10 percent of the total vote cast for governor at the most recent election. Proposed legislation may be placed before the Legislature by submitting petitions with voter signatures equal to 5 percent of the votes cast for governor. Petitions so submitted must be acted on by the Legislature without change or amendment amend-ment and, if defeated by the Legislature, may be placed before the voters at the next general election by providing additional signatures to bring the total up to 10 percent of the vote for governor. Direct Process Drawbacks Several petitions are now circulating, seeking to place proposed legislation legisla-tion before the 1979 Utah legislature. Utah does not permit amendment of its Constitution Consti-tution by use of the initiative, but many states do permit it. California's celebrated Proposition 13 was a constitutional a-mendment a-mendment submitted through the initiative process. pro-cess. Direct legislation was designed to be a protection protec-tion of the rights of the majority against tyranny by an entrenched minority in government. However, critics of direct legislation assert that in practice it has become a tool" ol organized minorities seeking seek-ing to impose their will on the majority, pointing oul that many direct legislation legisla-tion proposals are sponsored spon-sored by identified specia! interest groups. "In the light of pasl history, it is felt that the present surge in the use o: direct legislation is likelj to subside with time," the Foundation notes. "It is expected, how ever, that the principle o direct legislation will b( retained in the Americar system of government anc will continue to be usee when needed--anc doubtless to accelerate ii use whenever Americai citizens lose confidence h their elected officials." |