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Show proposed Changes in Utah's Constitution! State of Utah office of the secretary of state Salt Lake City September 7, 1972 Dear Fellow Citizens: The Legislature of the Slate 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 ice have set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on November 7, 1972. Because of the very serious nature of these Propositions Proposi-tions which 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. s:"cerd,J' ffi.jra&. ) CLYDE L. MILLER Secretary of Slate oec. 7. rJo 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. S?c. 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 d'om while actually in sej-E;"!n, sej-E;"!n, ar.J rnihage 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 maioritv of the 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 be 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 oflvnses specified in this ertie'e, in cuch 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 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 rs-sulting rs-sulting from disaster caused by enemy a i Lack shall have the power and immediate duty (1) to provide for prompt and temporary succession suc-cession to the powers and duties of public officss 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; bi.t 3ubsectioi"3 1 and 2 of thij 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. 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 preiumption 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 by the electors of this state, this amendment shall take effect on January 1, 1973. PROPOSITION NO. 3 CITY SCHOOL SYSTEMS SHALL SECTION G 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 Legislature Leg-islature of the Slate of Uta.'i, 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 LEGISLATURE LEGISLA-TURE TO PRESCRIBE ALTERNATIVE FORMS OF COUNTY GOVERNMENT GOVERN-MENT FROM WHICH COUNTIES MAY SELECT, SE-LECT, SUBJECT TO REFERENDUM, T II E FORM WHICH BEST SERVES EACH COUNTY'S COUN-TY'S NEEDS. Be it resolved by the Legislature Leg-islature of the Slaie cf 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 XI, Section Sec-tion 4 of the Constitution of the State of Utah to read: Sec. 4. The Legislatura 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 shaH provide for precinct anu township 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. $'5!'-. CLYDE L. MILLER Secretary t!Ll State 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. (THL 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 thereof: there-of: Section 1. It is ?ro?!fd 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: L 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 tn 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 tune as may be provided by law, maimtiate any desired leg-Sation leg-Sation 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 Leg.s-fature Leg.s-fature (except those laws passed by a t-t j of the members elected to each house of the . Lep ture) to be submitted to the voters of the State before such law shall teke effect The legal voters or such fractional5 part ftareof as &ra Instate In-state Stder such conditions ind in such manner and thin such time as ; may be SdatoheVol oi safd legal fX approVal or require any law or Cody of Jd legal -ubdm- 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 Mondnv in November, 18C3 and bi-ennially thereafter. there-after. Their term of office shall be two years, from the first day of January next after their election. Se'' 4. The senators sall be chosen by the Qualified voters of the respective senatorial sen-atorial districts, at the same tims and places as members of the House of Representatives Representa-tives nnd their term of office -hall be four years from the first day of January next after their election and as nearlv one-half as may bn practicable shall be elected in each biennium as the Legislature Leg-islature shall determine by law with each apportionment apportion-ment Sec 5. No person shall be eligible to the office of senator sen-ator or representative who as of th last date provided by faw for filing for the office " not a citizen of the United States, twenty-five years of ae a qualified voter m the district from which he is chosen, a resident for three vean of the State, and for " months of the djstnet from which he is elected dnr (5 No persn holding anyepubiic office of profit o. trust under authority of the United States, or of this State, shall be a member of the Legislature: Pr?vld.e.f That appointments , in the State Militia, and the offices fIfenpaeayceP UnVdUStStX the I?ea' , and postmas-ro7thrfoUcIaPss postmas-ro7thrfoUcIaPss shall wintmSred 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 hou?,e of the legislature shall be filled in such manner as may be provided by law. Sec. 14. Each house shall keen 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 houre, w:thout 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 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 special session ses-sion shall exceed thirty calendar cal-endar davs, except in cases of impeachment When any session of the Legislature trying caes 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 ner diem expenses 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. Sec. 18. All imneachments shall be tried by the Senate, and Senators, when sitting for that purpose, shall take oath or make affirmation to do justice according to the law and the evidence. When the Governor is on trial, the Chief Justice of the Sunreme Court shall preside. No person per-son shall be convicted without with-out the concurrence of two-thirds two-thirds of the senators elected. Sec 19. The Governor and and general revision or 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 provision. 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-thirds of nil 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. Sac. 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 Legislature 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 bond3 in aid of any railroad, tele- 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 thus 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 frcm 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 PRESUMPTION STRONG. Be it resolved by the Legislature Leg-islature of the Slate 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. All prisoners shall be bailable by sufficient but- |