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Show State ot Utah OFFICE OF THE SECRETARY OF STATE Salt Lake City September 7, 1972 -r " i'.ow Citizens: The Legislature of the Slats of Utah has entrusted me with the responsibility for publishing pub-lishing the following Propositions, which relate re-late to changes in the Constitution of the State of Utah. In the beginning of the body of each Proposition Propo-sition we have set forth tne Ballot Title of the Proposition as it will appear on the General Election Ballot on Noveriber 7, 1972. Because of the very serious nature of these Propositions Proposi-tions ivhich your Slate Legisla t ure has caused to be placed before you, I urge that each of you study the text of the Propositions in full. I urge you to consult with your friends, . neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. Sincerely, , , ) CLYDE L. MILLER Secretary of State l PROPOSITION NO. 1 LEGISLATIVE ARTICLE REVISION SHALL ARTICLE VI OF THE STATE CONSTITUTION CONSTI-TUTION EE REVISED TO MAKE CHANGES IN THE PROCEDURE AND MANNER OF OPERATION OP-ERATION OF THE STATE LEGISLATURE AND THE LEGISLATIVE LEGISLA-TIVE BRANCH OF STATE GOVERNMENT, INCLUDING THE LAWMAKING LAW-MAKING RULES AND PROCEDURE. (THE PRESENT LAW AND THE PROPOSED REVISIONS REVI-SIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be it resolved by the Legislature Leg-islature oj the Stale of Utah, two-thirds of all members elected to each of the two houses voting in favor there-of: there-of: Section 1. It is proposed to amend Article VI of the Constitution of the State of Utah to read: Sec. 1. The Legislative power of the State shall be vested: 1. In a Sennto and IToue cf Representatives which shall be designated the Legislature Leg-islature of the State -of Utah. 2. In the people of the State of Utah, as hereinafter stated: The Icnl voters or such fracoonal part thereof, of the State of Utah as may bs provided by law, under such conditions and in such manner man-ner and within such time as may be provided by law, may initiate any desired legislation leg-islation and cause the same to be submitted to a vote of the people for approval or rejection, or may require any law passed by the Legislature Legis-lature (except those laws passrd by a two-thirds vote of the members elected to each house of the Legislature) Legisla-ture) to bo submitted to the voters of the State before such law shall take effect. The Irgal voters or such frr-.cLional part thcrvf as may be provided by law, of any le.Tal subdivision of the Slr.to, under such condition-. and in such manner ant within such time as mey be provided by law, may initiate ary desired leg!slatiin and cause the same to be submitted sub-mitted to a vt.te of (lie people of said Ic'al subdivision for approval or rejection, or may refill! re any law or ordinance pa ecrl by (he law nialcin1; body of said lee;al subdivi sion to be submitted to the voters thereof before such law or ordinance shall take effect. See. 2. Sessions of the Legislature shall be held annually an-nually at the seat of government govern-ment and shall begin on the second Monday in January. A general session shall be held during odd numbered years, and a budget session shall be held during even-numbered even-numbered years. Legislation not directly related to the state budget may be considered con-sidered by the Legislature during budget sessions only if permitted by a joint resolution reso-lution passed by two-thirds of the members elected to each house. Sec. 3. The members of the House of Representatives, Representa-tives, after the first election, shall be chosen by the qualified qual-ified voters of the respective representative districts, on the first Tuesday after the firt Mondav in November, 1S9G, and bi-ennially thrre-after. thrre-after. Their term of office shall be two years, from the first day of January next after their election. See. 4. The senators shall, be chosen by the oualified voters of the respect've senatorial sen-atorial d;stricts, at the same tims a"d places as members of the Florae of Representatives, Representa-tives, and their term of office shall be four years from the f'rst d-v of January next after their election and as rtearlv one-half as, may be practicable shall be elected in each biTHurn as the Legislature Leg-islature Miall determine by law with each apportionment. apportion-ment. Ser 5. No person srrtll be c'irribie to the office of senator sen-ator or representative vho as of the In-, date provided by law for fil'ng for the office is not a citizen of the United States, twenty-five years of p"e, a qualified voter in the district from which he is chosen, a resident for three vears of the State, a"d for s-'x months of te district from which he is elected. Sec. 6. No person holding any puh':c office of profit or iru-t under authority of the United fat"s, or cf this Stete, shall be a member of I'-e Legislature: Provided, Thet appointments in the S'eie Militia, rtnd the offices of r.olnry public. jnst!ce of the pcrcc. United States commissioner, and postmaster postmas-ter of (he fourth ch:s. shall not, within the meaning of this section, be considered offices of profit or trut. Sec. 7. No member of the Legislature, during the term for which he was elected, shall be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected. Sec. , 8. Members of the Legislature, in all cases except ex-cept treason, felony or breach of the peace, shall be privileged priv-ileged from arrest during each session of the Legislature, Legis-lature, for fifteen days next preceding each session, and in returning therefrom; and for words used in any speech or debate in either house, they shall not be questioned in any other place. Sec. 9. The members of the Legislature shall receive compensation of $25 per diem while actually in session, ses-sion, expenses of $15 per diem while actually in session, ses-sion, and mileage as provided pro-vided by law. Sec. 10. Each house shall be the judge of the election and qualifications of its members, mem-bers, and may punish them for disorderly conduct, and with the concurrence of two-thirds two-thirds of all members elected, expel a member for cause. Sec. 11. A majority of the members of each house shall constitute a quorum to transact tran-sact business, but a smaller number may adjourn from day to day. and may compel the attendance of absent members in such manner and under such penalties as each house may prescribe. Sec. 12. Each house shall determine the rules of its proceedings and choose its own officers and employees. Sec. 13. Vacancies that may occur in either house of the legislature shall be filled in such manner as may bs provided by law. Sec. 14. Each house shall keep a journal of its proceedings, pro-ceedings, which, except in case of executive sessions, shall be published, and the yeas and nays on any question, ques-tion, at the request of five members of such house, shall be entered upon the journal. Sec. 15. All sessions of the Legislature, except those of the Senate while sitting in executive session, shall bs public; and neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which it may be holding session. Sec. 16. No peneral session ses-sion of the Legislature shall exceed sixty calendar days, except in cases of impeachment. impeach-ment. No budget session shall exceed twenty calendar days, except in cases of impeachment im-peachment No special session ses-sion shall exceed thirty calendar cal-endar davs, except in cases of impeachment When any session of the Legislature trying cases of impeachment exceeds the number of calendar cal-endar days it may remain in session as provided in this section, the members shall receive for compensation only the usual per diem ex. penses and mileage. Sec. 17. The House of Representatives shall have the sole power of impeachment, impeach-ment, but in order to impeach, im-peach, two-thirds of all the members elected must vote therefor. S"c. IS. A'l impeachments shall be tried by the Senate, and Senators, when sitting for that purpose, shall take oath or make affirmation to do justicp according to the l"w and the evidence. Vh"n the Governor is on trial, the Chief Justice of te Supreme Court shall preside. No person per-son Fhall be convicted without with-out the concurrence of two-th'rds two-th'rds of the senators elected. Sec. 19. The Governor and other State and Judicial officers, offi-cers, except justices of the peace, shall be liable to impeachment im-peachment for high crimes, misdemeanors, or malfeasance malfea-sance in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit in the State. The party, whether convicted or acquitted, shall nevertheless, be liable to prosecution, trial and punishment according to law. Sec. 20. No person shall be tried on impeachment, unless he shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he shall not exercise the duties of his office until he shall have been acquitted. Sec. 21. All officers not liable to impeachment shall be removed for any of the offenses specified in this article, in such manner as may be provided by law. Sec. 22. Every bill shall be read by title three separate sep-arate times in each house except in cases where two-thirds two-thirds of the house where such bill is pending suspend this requirement. Except general appropriation bills and bills for the codification and general revision of laws, no bill shall be passed containing con-taining more than one subject, sub-ject, which shall be clearly expressed in its title. Ths vote upon the final passage of all bills shall be by yeas and nays entered upon the respective journals of the house in which the vote occurs. oc-curs. No bill or joint resolution reso-lution shall be passed except with the assent of the majority ma-jority of all the members elected to each house of the Legislature. Sec. 23. Notwithstanding any provision of this Constitution, Consti-tution, the Legislature, in any law imposing income taxes, may define the amount on, in respect to, or by which the taxes are imposed or measured, by reference to any provision of the laws of the United States as the same may be or become effective ef-fective at any time or from time to time and may prescribe pre-scribe exemptions or modifications modi-fications to any such pro. vision. Sec. 24. The presiding officer offi-cer of each house, not later than five days following adjournment, ad-journment, shall sign all bills and joint resolutions passed by the Legislature, certifying to their accuracy and authenticity auth-enticity as enacted by the Legislature. Sec. 25. All acts shall be officially published, and no act shall take effect until sixty days after the adjournment adjourn-ment of the session at which it passed, unless the Legislature Legis-lature by a vote of two-third3 of all the members elected to each house, shall otherwise direct. Sec. 26. No private or special spe-cial law shall be enacted where a general ' w can be applicable. Sec. 27. The Legislature shall not authorize any game of chance, lottery or gift enterprise en-terprise under any pretense or for any purpose. Sec. 28. The Legislature shall not delegate to any special spe-cial commission, private corporation cor-poration or association, any power to make, supervise or interfere with any municipal improvement, money, property prop-erty or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform any municipal functions. Sec. 29. The Le-n'slature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, tele graph or other private individual indi-vidual or corporate enterprise enter-prise or undertaking. Sec. 30. Notwithstanding any general or special provisions pro-visions of the Constitution, the Legislature in order to insure continuity of state and local government operations in periods of emergency resulting re-sulting from disaster caused by enemy attack shall have the power and immediate duty (1) to provide for prompt and temporary succession suc-cession to the powers and duties of public offices of whatever nature and whether filled by election or appointment, appoint-ment, the incumbents of "which may become unavailable unavail-able for carrying on the powers and duties of such offices, and (2) to adopt such measures as may be necessary neces-sary and proper for insuring the continuity of governmental govern-mental operations including, but not limited to, the financing financ-ing thereof; but subsections 1 and 2 of this section shall not permit the public officers so appointed to act or the measures so adopted to be in, contravention of the Constitution Consti-tution and applicable law. Sec. 31. For attendance at meetings of interim committees com-mittees established by law to function between legislative sessions, members of the Legislature Leg-islature shall receive additional addi-tional per diem compensation compensa-tion and mileage at a rate not to exceed that provided 5-1 this Constitution for reg-; reg-; " legislative sessions. Sec. 32. The Legislature may appoint temporary or permanent nonmember employees em-ployees for work during and between sessions, including independent legal counsel which shall provide and control con-trol all legal services for the Legislature except as the Legislature by law shall authorize au-thorize performance thereof by the attorney general. Sec. 33. The Legislature shall appoint a legislative auditor au-ditor to serve at its pleasure. The legislative auditor shall have authority to conduct audits of any funds, functions, func-tions, and accounts in any branch, department, agency or political subdivision of this state and shall perform such other related duties as may be prescribed by the Legislature. He shall report to and be answerable only to the Legislature. Section 2. S.J.R. No. 11 passed at the General Session Ses-sion of the 39th Legislature on March 11, 1971, is hereby repealed and withdrawn in its entirety from the next general election, and the secretary sec-retary of state in lieu of it is directed to submit this proposed pro-posed amendment to the electors of the State of Utah at the next general election in the manner provided by law. PROPOSITION NO. 2 RESTRICTING BAIL IN CERTAIN FELONY CASES SHALL SECTION 8 OF ARTICLE I OF THE STATE CONSTITUTION BE AMENDED TO PROVIDE PRO-VIDE THAT PERSONS SHALL NOT BE BAILABLE BAIL-ABLE WHEN ACCUSED OF A FELONY WHILE O N PROBATION O R PAROLE, O R WHILE FREE ON BAIL AWAIT-ING AWAIT-ING TRIAL ON A PREVIOUS FELONY CHARGE, WHERE THE PROOF IS EVIDENT OR THE P R E S U M PTION STRONG. Be it resolved by the Legislature Leg-islature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: there-of: Section 1. It is proposed to amend Article I, Section 8 of the Constitution of the State of Utah to read: Sec. 8. AU prisoners shall be bailable by sufficient sur. eties, except for capital offenses of-fenses when the proof is evident evi-dent or the presumption strong or where a person is accused of the commission of a felony while on probation or parole, or while free on bail awaiting trial on a previous pre-vious felony charge, and where the proof is evident or the presumption strong. Section 2.. The Secretary of State 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. Section 3. If adopted fey the electors of this state, this amendment shall take effect on January 1, 1973. PROPOSITION NO. 3 CITY SCHOOL SYSTEMS SHALL SECTION 6 OF ARTICLE X OF THE STATE CONSTITUTION BE REPEALED, REMOVING RE-MOVING THE MANDATORY MANDA-TORY REQUIREMENT THAT CITIES OF THE FIRST AND SECOND , CLASS HAVE THEIR OWN SCHOOL DISTRICT. DIS-TRICT. Be it resolved by the Leg- j islature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: there-of: . . Section 1. It is proposed to repeal Section 6 of Article X of the Constitution of the State of Utah. Section 2. The secretary of state is directed to submit this proposed repeal to the electors of the State of Utah at the next general election in the manner provided by law. Section 3. If adopted by the electors of this state, this repeal shall take effect January Jan-uary 1, 1973. PROPOSITION NO. 4 PERMITTING ALTERNATIVE FORMS OF COUNTY GOVERNMENT SHALL SECTION 4 OF ARTICLE XI OF THE STATE CONSTITUTION BE AMENDED TO PERMIT PER-MIT THE LEGISLA- TURE TO PRESCRIBE I ALTERNATIVE FORMS OF COUNTY GOVERNMENT GOVERN-MENT FROM WHICH COUNTIES MAY SE- . LECT, SUBJECT TO REFERENDUM, THE 1 FORM WHICH BEST SERVES EACH COUNTY'S COUN-TY'S NEEDS. : Be it resolved by the Leg- ' islature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: there-of: Section 1. It is proposed to cmc-d Article XI, Section Sec-tion 4 i; the Constitution f ' the State of Utah to read: Sec. 4. The Legislature ', shall by general law prescribe pre-scribe optional forms of county government and shall allow each county to select, subject to referendum in the manner provided by law, the prescribed optional form which best serves its needs, and by general laws shall provide for precinct and township organizations-Section organizations-Section 2. The secretary of state is directed to submit this proposed amendment to the electors of the State of Utah at the next general election in the manner provided pro-vided by law. Section 3. If adopted by the electors of this state, this amendment shall take effect on January 1, 1973. -JE5 CLYDE L. MILLER |
