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Show tan s ConsUMion mm mm -mmw w. gfj M ... , - x j: . . Ill State of Utah OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY September 7, 1972 Dear Fellow Citizens: The Legislature of the State of Utah has entrusted me with the responsibility for publishing pub-lishing the following Propositions, which relate re-late to chavqes in the Constitution of the State of Utah. In the beginning of the body of each Proposition Propo-sition we have set forth the Ballot Title of the Proposition as it ivill appear on the General Election Ballot on November 7, 1972. Because of the very serious nature of these Propositions Proposi-tions ivhich your State Legislature 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. Sincere XJ I j CLYDE L. MILLER I Secretary of State 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 wa3 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 th? members of each house shall constitute a quorum to transact tran-sact business, but a smaller number may adjourn from day to day, and mav 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 houe of the legislature shall be filled in such manner as may be 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 be public; and neither hoii'-e, without the consent of the other, shall adjourn for more than three davs, nor to any other place than thrt in which it may be holding session. Sec. 16. No general 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 snecial session ses-sion shall exceed thirty calendar cal-endar days, except in cases of impeachment. When any session of the Legislature trying caes of imoeachment 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 expenses ex-penses and mileage. Sec. 17. The House of Representatives shall have the sole power of imrjeach-ment, imrjeach-ment, but in order to impeach, im-peach, two-thirds of pll tie So? 6leCted mUSt V0te Sec 18. All im-inac' ments shall he tried by the Senate for that purpose, shall take oath or make affirmation to do justice according to the aw and the evidence. Whn the Governor is on trial, the Court shall preside. N0 n-r- out ?Wbe Cnvicted Uh-ft',,thetc"ncuenc3 Uh-ft',,thetc"ncuenc3 of two- th,'da of the .enntora elected Sec. 19. The Governor and other State and Judicial clu-cers, clu-cers, except justices of tne 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, tr.al 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 servic 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. The 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 davs 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 Legis- r ,f ty a vote of two-thirds 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 law can be applicable. Anil0- V- ?he lature shall not authorize any game of chance, lottery or gift ei terprise under any pWnse or tor any purpose. shcn 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 municiml improvement, money prop intrust orfCC! "VWu " trust or otherwise, to lew taxes to select a capito" snau not authorize the SLit or any covnv r: " t0 towmlr'.i Hilt,! y' tow" grapn or oiner 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 shill 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 in this Constitution for regular reg-ular 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 a3 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 CONSTI TUTION 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, OR WHILE FREE ON BAIL AWAIT-ING AWAIT-ING TRIAL ON A PREVIOUS F E L O N Y CHARGE, WHERE THE PROOF IS EVIDENT OR THE PRESUMPTION STRONG. Da 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 proporel to amend Article I, Section 8 of the Constitution of the Slate of Utnh to road: See. 8. All prisoners shall bo bailable by sufficient Bur. eues, except for capital ol fenses when the proof is evi. "if dent or the presumption : , strong or where a person is ,rl accused of the commission 0 :n 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 r the electors of the State ol 8 Utah at the next general eke. i tion in the manner provided by law. j Section 3. If adopted by I if' the electors of this state, this i amendment shall take effect on January 1, 1973. U PROPOSITION NO. 3 I CITY SCHOOL SYSTEMS IT SHALL SECTION 6 OF tl ARTICLE X OF T.IE STATE CONSTITUTION BE REPEALED, RE-MOVING RE-MOVING THE MANDA. TORY REQUIREMENT THAT CITIES OF THE FIRST AND SECOND CLASS HAVE THEIR OWN SCHOOL DIS-. TRICT. Be it resolved by ths Iff islature of the State oj M , , two-thirds of all mmm -UM elected to each of the ! houses voting in favor thm- Section 1. It is piopossd to renenl Section G of Artie X of' the Constitution of tie :-xr-. State of Utah. redl Sections The secretary of state is directed to subimt j ' this proposed repeal to tK ,T.x5(j electors of the State of Utah ... c at the next general ejecbra - in the manner provided t .b Pi law. ; xI2" Section 3. If adoptsd J the electors of this stat; XB repeal shall take effect J ,;sl0 uary 1, 1973. pane PROPOSITION NO. -ul2 PERMITTING Pane ALTERNATIVE FORMS , fx2l OF COUNTY V'x2i GOVERNMENT ' ,av SHALL SECTION 4 TOEP AUsi2 ALTERNATIVE ;ecky MufXi S? CONNTlIf V .d LECT, SUBJECT' REFERENDUM, 7- FORM WHICH Bt M0 SERVES EACH COU TY'S NEEDS. MC Be it resolved by two-thirds of all f. elected to each ol Ac$tl houses voting in lavor" . Section 1. shall by. general a , scribe optional 1 , ,J4 county govern6"' , allow ep.ch cnty w TE subject to referendum jt manner VA& the prescribed optw' v rc whicn best !, n nnd by goner .lb . ,b , provide for (!! air 0wnshiporg:in.Zat t Section 2. T' Hrs, of state is directed ,c t , Ihis proposed - fj U( the elector. 1 of tw 4 Utah at. the election in the vided bylaw- Section 3. estate the electors of J- amendment sW" on January 1. lJ' PROPOSITION NO. 1 LEGISLATIVE ARTICLE REVISION SHALL ARTICLE VI OF THE STATE CONSTITUTION CONSTI-TUTION BE 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 of the State 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 Senate and House of 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 legal voters or such fractional part thereof, of the State of Utah as may be 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 passed by a two-thirds vote of the members elected to each house of the Legislature) Legisla-ture) to be submitted to the voters of the State before such law shall take effect. The legal voters or such fractional part thereof as may be provided by law, of any legal subdivision of the State, under such conditions and in such manner and within such time as may be provided by law, may initiate any desired legislation and cause the same to be submitted sub-mitted to a vote of the people of said legal subdivision for approval or rejection, or may require any law or ordinance passed by the law making body of said legal su'odivi- 1 sion to be submitted to the voters thereof before such law or ordinance shall take effect. Sec. 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 first Monday in November, 1896, and bi-ennially thereafter. there-after. Their term of office shall be two years, from the first day of January next after their election. Sec. 4. The senators shall be chosen by the qualified voters of the respective senatorial sen-atorial districts, at the same times and places as members of the House of Representatives, Representa-tives, and their term of office rhall be four years from the first dy of January next after their election and as nearly one-half as may be practicable shall be elected in each biennium as the Legislature Leg-islature shall determine by law with each apportionment. apportion-ment. Sfc. 5. No person shall be eligible to the office of cen-ator cen-ator or representative who as of the lat date provided by law for filing for the office ii not a citizen of the United States, twenty-five years of are, a qualified voter in the district from which he is chosen, a resident for three years of the State, aid for s;x months of the district from which he is elected. Sec. 6. No person holding any pubh'c office of profit or -trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided, That aonointments in the State Militia, pnd the offices of notary public, justice of the peace, Unit-d States comm sioner, and postmaster postmas-ter of the forrth class, shall not, with-n the meaning of this section, be considered offices of profit or truct. |