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Show Proposed State Constitutional Amendments STATE OF UTAH ) ss. County of Salt Lake) Statfomah of State of the do hereby cause to I m I lSUon 201-18. U.C.A., 1953, as amended, VUtSf and ameded language of and also the Ian?.!. . 5 .1 Article XVI, and Section 9 of Article VI, Itnatea Petitions, Elimination of INSTRUCTIONS FOR READING THE TEXT OF THE PROPOSITIONS NOTE : In reviewing the text of the propositions the following rules apply : Underlined words and numbers represent new language added to the constitution or current language moved from another section in the constitution. Example: Sec. 5. The executive power of the State shall be vested in the Governor, who shall see that the laws are faithfully executed . . . (2) Bracketed and lined-through words or numbers represent current language being deleted from the constitution or current language which is being moved to another section in the constitution. Example: Sec. 18. The Governor, Secretary of State Lieutenant Governor. State Auditor, State Treasurer, Attorney General and such other State and District officers as may-be provided for by law . . . (3) All other language is the current language in the constitution which is retained without change. This will appear on the ballot summarized as follows : fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefore in each case, together with the dissent of any member who may disagree, shall be reduced to writing, and filed with all papers used upon the hearing, in the office of I the Secretary of State such officer as provided by law. The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall continue or determine such respite or reprieve, or they may commute the punishment, or pardon the offense as herein provided. In case of conviction for treason, the Governor shall have the power to suspend execution of the sentence, until the case shall be reported to the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence, or direct its execution; I -he and the Governor shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, repreive, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which he was convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the Board made thereto. Sec. 13. Until otherwise provided by law, the Governor, Secretary of State and Attorney General shall constitute a Board of State Prison Commissioners, which Board shall have such supervision of all matters connoeted with the State PriGon as may be provided by law. They shall, also, Until otherwise provided by law, the Governor, Attorney General, and State Auditor shall constitute a Board of Examiners, with power to examine all such claims against the State as provided by law except salaries or compensation of officers fixed by laws and perform such other duties as may be prescribed provided by law ; and no such claim against the State , except for salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without having been considered and acted upon by the-sa44 Board of Examiners. Sec. 14. Until otherwiseprovided by law, the Governor, State Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shall have such supervision of all matters connected with the State Insane Asylum as may be provided by law. Sec. 15. Until otherwise provided by law, the Governor, Attorney General and Superintendent of Public Instruction shall constitute a Board of Reform School Commissioners. Said Board shall have such supervision of all matters connected with the State Reform School as may be provided bylaw. Sec. 6 14- The Secretary of State shall keep a record of the official acts of the Legislature and Executive Departments of the State, and, when required, shall lay the same and all matters relative thereto before cither branch of the Legislature, and shall perform such other duties as may be provided by law. The Lieutenant Governor shall serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may beclelegated by the Governor, and shall perform such other duties as may be provided by law. Sec. 47 15. The State Auditor shall be Auditor perform financial post audits of public Accounts, except as otherwise provided by this Constitution, and the State Treasurer shall be the custodian of public moneys -i and each shall perform such other duties as may be provided by law. Sec. f ifl-l. The Attorney General shall be th e legaA adviser of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as may be provided by law. Sec. H 17- The Superintendent of Public Instruction shall perform such duties as maybe provided by law. Sec. 8-1 18. The Governor, Secretary of State Lieutenant Governor. State Auditor. State Treasurer, Attorney General and such other State and district officers as may be provided for by law, shall receive for their services monthly, a compensation as fixed by law. The compensation for said officers as provided in all laws enacted pursuant to this Constitution, shall be in full foir all services rendered by said officers, respectively, in any official capacity or employ ment during their respective terms of office. No such officer shall receive for the performance of any official duty any fee for his own personal use, but all fees fixed by law for the performance by either of them of any of.ficial duty, shall be collected in advance and deposited vdth the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the State in the performance of official duty J duties. Sec. -21 19. All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by tho Secretary of &'4ate such officer as provided by law. Sec. -28 20 Thcrc shall be a seal of the State, which shall be kept by the Secretary of State, and used by him officially. Said seal shall be called "The Great Seal of the State of Utah." The present seal of the Territory ef Utah shall be the coal of the State until otherwise provided by law. There shall be a seal of the State, which shall be called "The Great Seal of tho State of Utah," and shall be kept by such officer as provided by law. Sec. 2 21. No person, while holding any office under the United States' government, shall hold any office under the State government of Utah 7 and the Governor shall not be eligible for election to the Senate of thtt United States during the term for which he shall have been electccV Governor. (. Sec. 21. Notwithstanding any general or special provisions of the Constitution, the legislature, in order to insure continuity of state and local governmental operations in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty (1) to provide for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powerB and duties of such offices, and (2) to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations including, but not limited to the financing thereof. In the exercise of the powers hereby conferred the legislature shall in all respects conform to the requirements of this Constitution except to the extent that in the judgment of the legislature so to do would be impracticable or would admit of undue delay. 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 by law. Section 3. Article VII, Constitution of Utah, shall take effect January 1, 1981, except as follows: all candidates for the state offices provided in this amendment shall stand for election to these offices under the provisions of this amendment during the election year of 1984. this article, unless at the time of his election he shall be that person is a qualified elector, voter and shall have been a resident citizen of the State of Territory for five years next preceding hs election. The state Auditor and State Treasurer shall be ineligible to election as their own successors. Sec. 4. The Governor shall be Commander-in-Chief of the military forces of the State, except when they shall be called in to the service of the United States. -He The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. Sec. 5. The executive power of the State shall be vested in the Governor. who shall see that the laws are faithfully executed rr-he- The Governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislative Assembly Legislature is not in session, may, if he deem it deemed necessary, appoint a committee to investigate and report to Mm the Governor upon the condition of any executive office or State Institution. tie The Governor shall communicate by message the condition of the State to the Legislature at every regular sesson, and recommend such measures as lie may deem be deemed expedient. Sec. 6. On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the Senate in extraordinary session for the transaction of executive business. Sec. 7. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as tie the Governor may think proper Provided, if it tee is not beyond the time fixed for the convening of the next Legislature. Sec. 8. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve approved, the Governor he shall sign it, and thereupon it shall become a law; but if he do not approve disapproved, -he the bill shall return it with his be returned with the Governor's objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If , after such upon reconsideration T it the bill again passes both houses by a yea and nay vote of two-thirds of the members elected to each house, it shall become a lawj notwithstanding the Governor's objections. If any bill be not returned within five days after it shall have been presented to him, (Sunday and the day on which he received it excepted,) the same shall be a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevent such return, in which case it shall be filed with his objections in tho office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented to the Governor contains several items of appropriations of money, he may object to one or more such items, while approving other portions of the bill, in such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefore, and such item or items shall not take effect unless passed over the Governor's objection as in this section provided. If any bill is not returned by the Governor within ten days after it has been presented to the Governor, Sunday and the day it was received excepted, it shall become a law without a signature; but if legislative adjournment prevents return of the bill, it shall become a law unless the Governor within twenty days after adjournment files the objections thereto with such officers as provided by law. The Governor may disapprove any item of appropriation contained in any bill while approving other portions of the bill; and in such case the Governor shall append to the bill at the time of signing it a statement for the items or items which are disapproved together with the reasons therefore, and such item or items shall not take effect unless passed over the Governor's objections as provided in this section. If the Governor disapproves any bill or item of appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of that house on the matter of reconvening the Legislature. If two-thirds of the members of each house are in favor of reconvening, the Legislature shall be convened in a session not to exceed five calendar days and at a time set jointly by the presiding officer of each house, solely for the purpose of reconsidering the bill or item of appropriation disapproved If upon reconsideration, the bill or item of appropriation again passes both houses of the Legislature by a yea and nay vote of two-thirds of the members elected to each house, the bill shall become law or the item of appropriation shall take effect., Sec. 9. When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office. Sec. 10. The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occur occurs in any State or district office, the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the Senate, when lie the Governor shall nominate some person to fill such office. If the office of Secretary of State Lieutenant Governor, State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, from the same political party of the removed person; and the appointee shall hold his office until -ms a successor shall be elected and qualified, as may be by law provided by law. Sec. 11. In case of tho death of tho Governor, or his impeachment, removal from office, inability to discharge the duties of his office, resignation, or absense from the State, the powers and duties of said office shall devolve upon the Secretary of State, until the disability shall cease, or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Secretary of State resign, die or become incapable of performing the duties of the office, or be displaced, or be absent from the State, the President pro tempore of the Senate shall act as Governor until the vacancy be filled or the disability cease. While performing the duties of the Governor as in this section provided, the Secretary of State, or the President pro tempore of the Senate, as the case may be, except in casc3 of temporary disability, or absense from the State, shall be entitled to the salary and emoluments of the Governor. In case of the death of the Governor, impeachment removal from office, resignation, or disability to discharge the duties of the office, or in case of a Governor-elect who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the disability ceases or until the next general election, when the vacancy shall be filled by elections. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies, is removed, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or disability ceases. If in this case the President of the Senate resigns, dies, is removed, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor until the vacancy is filled or disability ceases. While performing the duties of the Governor as provided in this section, the Lieutenant Governor, the President of the Senate, or the Speaker of the House, as the case may be, shall be entitled to the salary and emoluments of the Governor, except in cases of temporary disability. The disability of the Governor or person acting as Governor shall be determined by either a written declaration transmitted to the Supreme Court by the Governor stating an inability to discharge the powers and duties of the office or by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Representatives. Such determination shall be final and conclusive. Thereafter, when the Governor transmits to the Supreme Court a written declaration that no disability exists, the Governor shall resume the powers and duties of the office unless the Supreme Court, upon joint request of the President of the Senate and the Speaker of the House of Representatives, or upon its own initiative, determines that the Governor is unable to discharge the powers and duties of the office. The Lieutenant Governor shall then continue to discharge these powers and duties as acting Governor. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. Sec. 12. Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions , and with such limitations and restrictions as they deem proper as may be established by the Legislature, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION Shall Article VII of the State Constitution be revised to provide that candidates for governor and lieutenant governor of each party run for office together; to allow the governor to delegate executive responsibilities to the lieutenant governor; to permit the legislature to act on bills vetoed by the governor after adjournment; to place the auditor as a member of the Board of Examiners with the governor and attorney general; to allow the legislature to establish by law the duties of the Board of Examiners; to allow the state auditor and state treasurer to run for reelection to their respective offices; to establish a procedure to determine gubernatorial disability and succession to the office of governor; to allow the governor to retain executive authority when traveling outside the state; and to make other changes in the executive article. FORD AGAINSTD COMPLETE TEXT OF REVISION OF EXECUTIVE ARTICLE 1979 GENERAL SESSION A JOINT RESOLUTION PROPOSING TO AMEND ARTICLE VII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO THE EXECUTIVE DEPARTMENT; AMENDING SECTION 1, PROVIDING FOR A LIEUTENANT GOVERNOR AND DELETING THE OFFICE OF SECRETARY OF STATE AS AN ELECTED CONSTITUTIONAL OFFICER AND PROVIDING FOR RESIDENCE OF OFFICERS OF EXECUTIVE DEPARTMENT AND LOCATION OF PUBLIC RECORDS; AMENDING SECTION 2, PROVIDING FOR ELECTION OF STATE OFFICERS BY VOTERS RATHER THAN ELECTORS AND PROVIDING THAT THE CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR FROM THE SAME POLITICAL PARTY BE ELECTED JOINTLY; AMENDING SECTION 3, INSERTING LIEUTENANT GOVERNOR FOR SECRETARY OF STATE, PROVIDING FOR QUALIFICATIONS OF GOVERNOR, LIEUTENANT GOVERNOR, AND ATTORNEY GENERAL, AND REMOVING RESTRICTIONS AGAINST THE STATE AUDITOR OR STATE TREASURER BEING ELIGIBLE TO SUCCEED THEMSELVES; AMENDING SECTION 5, PROVIDING THAT THE EXECUTIVE POWER OF THE STATE SHALL BE VESTED IN THE GOVERNOR; AMENDING SECTION 8, REWORDING THE LANGUAGE USED TO ESTABLISH THE GOVERNOR'S VETO PROCEDURE AND INCREASING THE TIME ALLOWED THE GOVERNOR TO VETO BILLS AND PROVIDING FOR THE LEGISLATURE TO CALL ITSELF BACK IN SESSION AFTER ADJOURNMENT TO CONSIDER VETOED BILLS; AMENDING SECTION 11, REWORDING THE LANGUAGE USED TO ESTABLISH SUCCESSION TO THE OFFICE OF GOVERNOR IN THE EVENT OF THE DEATH, IMPEACHMENT, RESIGNATION, REMOVAL, OR DISABILITY OF THE GOVERNOR AND ESTABLISHING PROCEDURES CONCERNING SUCH DISABILITY; AMENDING SECTION 13, DELETING THE BOARD OF STATE PRISON COMMISSIONERS AND CHANGING THE COMPOSITION OF THE BOARD OF EXAMINERS AND THE TYPES OF CLAIMS IT MAY CONSIDER; AMENDING SECTION 16, DELETING THE DUTIES OF THE SECRETARY OF STATE AND PROVIDING THE DUTIES OF THE LIEUTENANT GOVERNOR; AMENDING SECTION 17, PROVIDING FOR DUTIES OF THE STATE AUDITOR; AMENDING SECTION 18, MODIFYING THE DUTIES OF THE ATTORNEY GENERAL; AMENDING SECTION 20, INSERTING THE LIEUTENANT GOVERNOR FOR SECRETARY OF STATE AND MODIFYING PAYMENT PROVISIONS FOR COMPENSATION AND TRAVEL EXPENSES OF STATE OFFICERS; AMENDING SECTION 23, REMOVING CERTAIN RESTRICTIONS ON THE GOVERNOR TO RUN FOR UNITED STATES SENATE; AMENDING SECTIONS 10, 12 21 AND 22, DELETING THE SECRETARY OF STATE; DELETING SECTIONS 14, 15, AND 24; NUMBERING OR RENUMBERING VARIOUS SECTIONS, MODERNIZING CERTAIN MISCELLANEOUS LANGUAGE, AND REMOVING MASCULINE REFERENCES; AND PROVIDING AN EFFECTIVE DATE. Be it resolved by the Legislature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Article VII of the Constitution of the State of Utah to read: ' Sec 1 The elective constitutional officers of the Executive Department shall consist of Grnnr, Sncrntarv ofStatel Lieutenant Governor, State Auditor State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday of January next after Ms election except that the terms of office of those elected at the first election shall begin when the State shall be admitted into the Union, and shall end 011 the first Monduy in January, A.D. 1001 The officers of the Executive Department, during their terms of office, shall reside tH-the scat of government, where they within the State and shall keep the public recordst boks and papers as provided by law. They sha l perform such duties as are prescribed by this Constitution and as may be prescribed provided by law. Sec 2 The officers provided for in section one of this article shall be elected by the qualified electors yjjtjas of the State at the time and place of vntins for members of the Legislature, and the persons respectively havmg tL higS number of votes cast for the office voted for shall be elected but if two or more shall have an equal and he highest number of votes ; for any one of said offices, the two houses of the Legislature at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. for the candidate fo- T .iwitenant Governor, r m Tn Kp eligible -tel for the office of Governor or Sec. 3. No person sT.jnDtVnVernor r-ufltess-he a person shall have Secretary of State L- attained 4e the ageOTears wiiee a person shall, To be eligible for the office of A ttorney O, ne ivrs7be t gtthe ".fStSfSen admitted to practicet before the the time Sot the State of Utah ,nor unless he Supreme Court tflfSTL baraU)ic time of his election. No sham and be in good standing at the oar 1 7tion one of person shall be eligible to any of the offices provlu This will appear on the ballot summarized as follows: PROPOSITION NO. 2 REVENUE AND TAXATION ARTICLE REVISION Shall Article XIII of the State Constitution be amended to allow the legislature to exempt primary residences and personal property from property tax; to allow the legislature to reimburse local governments for any reduction in revenue caused by exemptions of primary residences or personal property; to allow the legislature to establish a property tax on municipal property located outside of the municipality '15 own boundaries; to exempt property owned by nonprofit organizations lused for religious, charitable, hospital, educational, employee representation or welfare purposes; to exempt livestock; to allow local government s to share tax and other revenues; to remove the 75 ceiling upon the amount the state may fund for the public school program; and other organizational changes in the revenue and taxation article. FORD AGAINSTD COMPLETE TEXT OF REVENUE AND TAXATION ARTICLE REVISION 1980 BUDGET SESSION A JOINT RESOLUTION OF THE BUDGET SESSION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH P ROPOSING TO AMEND ARTICLE XIII OF THE CONSTITUTION OF THE STATE OF UTAH; RELATING TO REVENUE AN1D TAXATION; PROVIDING FOR EXEMPTION OF THE P.ROPERTY OF nv tttah TO REMOVE THE PROHIBITION CONSTITUTION OF UTAH TOK A RESTITUTI()N AGAIT0RIMn Rehabilitation programs for PROGRAMS, AND REHABILU pROHIBITION AGAINST WMENRKNG INNDEIGIOUND MINES. members electedtooS1 . Section 1. It is proposed to amend Article XVI, Sec. 3, Constitution of Utah, to read: Sec. 3. The Legislature shall prohibit : ( 1 ) The employment of wemeftrl children under the age of fourteen years, in underground mines. ,.iQKr (2) The involuntary contracting of convict laDor. j?3) ThcTaWronvictc outride tewffoundc, oxeept In pubHo work under the direct control of the Stater 1 ,,.. il3) The political and commercial control of employees. 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 by law. This will appear on the ballot summarized as follows: PROPOSITION NO. 4 COMPENSATION OF LEGISLATORS Shall Article VI, Section 9 of the State Constitution be amended to compensate members of the legislature $40 per day (while actually in session), and reimburse expenses of up to $40 per day and mileage as provided by law. FORD AGAINSTD i COMPLETE TEXT OF COMPENSATION OF LEGISLATORS 1980 BUDGET SESSION A JOINT RESOLUTION OF THE BUDGET SESSION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH PROPOSING TO AMEND ARTICLE VI, SECTION 9, CONSTITUTION OF UTAH; PROVIDING THAT LEGISLATIVE SALARIES SHALL BE ADJUSTED TO $40 PER DIEM AND EXPENSES UP TO $40 PER DIEM AS PROVIDED BY LAW; AND PROVIDING AN EFFECTIVE DATE. Be it resolved by the Legislature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Article VI, Section 9 of the Constitution of Utah, to read: Sec 9 The members of the Legislature shall receive compensation of $2&1$J0 per diem while actually In session, expenses of $15- up to $40 per diem while actually in session, and mileage as provided by law; provided that such compensation shall commence July 1, 1981 and mileage as provided by-law. 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 by law. Section 3. If approved by the electors of this state, this amendment shall take effect January 1, 1981. Sec. 4. All metalliferous mines or mining claims; both placer and rock in place, shall be assessed as the Legislature shall provide; provided, IJbuL the basis and multiple now used in determining the value of metalliferous mines for taxation purposes and the additional assessed value of $5.00 per acre thereof shall not be changed before January 1, 1935, nor thereafter until otherwise provided by law. All other mines or mining claims and other valuable mineral deposits, including lands containing coal or hydrocarbons and all machinery used in mining and all property or surface improvements upon or appurtenant to mines or mining claims, and the value of any surface use made of mining claims, or mining property for other than mining purposes, shall be assessed as other tangible property. Sec. 5. The Legislature shall not impose taxes for the purpose of any county, city, town or other municipal corporation, but may, by law, vest in the corporate authorities thereof, respectively, the power to assess and collect taxes for all purposes of such corporation. Notwithstanding anything to the contrary contained in this Constitution, political subdivisions may share their tax and other revenues with other political subdivisions. " Sec. 6. An accurate statement of the receipts and expenditures of the public moneys, shall be published annually in such manner as the Legislature may provide. Sec. 7. The rate of taxation on tangible property shall not exceed on each dollar of valuation, two and four-tenths mills for general State purposes, and such additional levy as the Legislature may provide for the State's share of the support of a portion of the public school system as defined in Article X, Section 2 of this Constitution, such portion consisting only of kindergarten schools, common schools and high schools. The State shall contribute not more than 75 of the total cost of operation and maintenance of a minimum school program in tho State as such program shall from time to time be determined upon by the Legislature. Not more than 7G of tho State's portion of tho revenue necessary to-finoncc to-finoncc the operation and maintenance of cuch minimum school program shall be raised by a state property tax levy and the remainder thereof shall be raised from other State sources, The Legislature shall determine by law the method of allocation of the State's contribution to the various school districts. Sec. 8. The making of profit out of public moneys or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law, but part of such punishment shall be disqualification to hold public office. Sec. 9. No appropriation shall be made, or any expenditure authorized by the Legislature, whereby the expenditure of the State, during any fiscal year, shall exceed the total tax then provided for by law, and applicable for such appropriation or expenditure, unless the Legislature making such appropriation, shall provide for levying a sufficient tax, not exceeding the rates allowed in section seven of this article, to pay such appropriation or expenditure within such fiscal year. This provision shall not apply to appropriations or expenditures to suppress insurrections, defend the State, or assist in defending the United States in time of war. Sec. 10. All corporations or persons in this State, or doing business herein, shall be subject to taxation for State, County, School, Municipal or other purposes, on the real and personal property owned or used by them within the Territorial limits of the authority levying the tax. Sec. 11. There shall be a State Tax Commission consisting of four members, not more than two of whom shall belong to the same political party. The members of the Commission shall be appointed by the Governor, by and with the consent of the Senate, for such terms of office as may be provided by law. The State Tax Commission shall administer and supervise the tax laws of the State. It shall.assess mines and public utilities and adjust and equalize the valuation and assessment of property among the several counties. It shall have such other powers of original assessment as the Legislature may provide. Under such regulations in such cases and within such limitations as the Legislature may prescribe, it shall review proposed bond issues, revise the tax levies of local governmental units, and equalize the assessment and valuation of property within the counties. The duties imposed upon the State Board of Equalization by the Constitution and Laws of this State shall be performed by the State Tax Commission. In each county of this State, "there shall be a County Board of Equalization consisting of the Board of County Commissioners of said county. The County Boards of Equalization shall adjust and equalize the valuation and assessment of the real and personal property within their respective counties subject to such regulation and control by the State Tax Commission as may be prescribed by law. The State Tax Commission and the County Boards of Equalization shall each have such other powers as may be prescribed by the Legislature. Sec. 12. (!) Nothing in this Constitution shall be construed to prevent the Legislature from providing a stamp tax, or a tax based on income, occupation, licenses, -of- franchises, or other tax provided by law. The Legislature may provide for deductions, exemptions, or offsets on any tax based upon income, occupation, licenses, franchises, or other tax as provided by law pursuant to this section (2) . Notwithstanding any provision of this Constitution, 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 at any time or from time to time and may prescribe exemptions or modifications to any such provision (3) . AH revenue received from taxes on income or from taxes on intangible property shall be allocated to the support of the public schooT system as defined in Article X, Sec. 2 of this Constitution. Sec. 13. The proceeds from the imposition of any license tax, registration fee, driver education tax, or other charge related to the operation of any motor vehicle upon any public highway in this state, and the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuel used for propelling such vehicles, except for statutory refunds and adjustments allowed thereunder and for costs of collection and administration, shall be used exclusively for highway purposes as follows: (1) The construction, improvement, repair and maintenance of city streets, county roads, and state highways, including but not restricted to payment for property taken for or damaged by rights of way, and for the administrative costs necessarily incurred for said purposes. ( 2 ) The administration of a driver education program . (3) The enforcement of state motor vehicle and traffic laws. (4) Tourists and publicity expense in any single biennium not in excess of the lesser of the following : (a) .5 per cent of the total biennial revenues from motor fuel taxes, or (b) an amount equal to the 1959-1961 biennium. Section 2. Article VI, Sec. 23, of the Constitution of Utah is repealed. Section 3. H.J.R. No. 23, H.J.R. No. 25, and H.J.R. No. 31 passed by the general session of the 43rd legislature of the State of Utah are repealed and withdrawn in their entireties from the next general elections, and the secretary of state is directed in lieu thereof to submit the proposed amendment provided for by this joint resolution to the electors of the State of Utah at the next general election in the manner provided by law. Section 4. If approved by the electors of the state, the amendment proposed by this joint resolution shall take effect on January 1, 1981. This will appear on the ballot summarized as follows: COUNTIES, CITIES, TOWNS, SPECIAL DISTRICTS, AND ALLOWING THE LEGISLATURE TO EXCLUDE CERTAIN PUBLICLY-OWNED PROPERTY LOCATED OUTSIDE ITS I GEOGRAPHIC BOUNDARIES FROM EXEMPTION FROM TAXATION; CLARIFYING THE EXEMPTION FROM TAXATION ; FOR CERTAIN WATER-RELATED RIGHTS AND PROPERTIES; I PROVIDING FOR EXEMPTION FROM TAXATION OF CERTAIN i PROPERTY USED FOR RELIGIOUS, CHARITABLE, 1 EDUCATIONAL, EMPLOYEE REPRESENTATION, OR : WELFARE PURPOSES; EXEMPTING LIVESTOCK FROM THE ; AD VALOREM TAX; ELIMINATING THE LIMIT ON DISABLED VETERANS EXEMPTIONS; PROVIDING THAT THE 1 LEGISLATURE MAY PROVIDE FOR THE EXEMPTIONS OF PRIMARY RESIDENCES AND TANGIBLE PERSONAL PROPERTY AND PROVIDING A PROCEDURE WHERE THE LEGISLATURE MAY PROVIDE A REIMBURSEMENT TO I POLITICAL SUBDIVISIONS OF THE STATE FOR REDUCED ( PROPERTY TAX REVENUES; REMOVING CERTAIN INCOME i TAX PROVISIONS FROM THE LEGISLATIVE ARTICLE AND PLACING IT IN THE REVENUE AND TAXATION ARTICLE; ELIMINATING OUTDATED LANGUAGE; REMOVING THE LIMIT ON STATE SUPPORT OF THE MINIMUM SCHOOL PROGRAM; MAKING CERTAIN CHANGES IN THE ORGANIZATION OF THIS ARTICLE; SUBSTITUTING THIS RESOLUTION FOR THREE RESOLUTIONS PASSED AT THE GENERAL SESSION OF THE 43RD LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO AMEND ARTICLE XIII, SECTIONS 2, 3, 4, 7, AND 12 OF THE CONSTITUTION OF THE STATE OF UTAH; REPEALS ARTICLE VI, SECTION 23, OF THE CONSTITUTION OF THE STATE OF UTAH ; AND REPEALS AND WITHDRAWS H.J.R. NOS. 23, 25, AND 31 PASSED BY THE GENERAL SESSION OF THE 43RD LEGISLATURE OF THE STATE OF UTAH AND REPLACES THEM WITH THIS RESOLUTION. Be it resolved by the Legislature of the State of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof : Section 1. It is proposed to amend Article XIII of the Constitution of State of Utah to read: Sec. 1. The fiscal year shall begin on the first day of January, unless changed by the Legislature. Sec. 2. (!) All tangible property in the state, not exempt under the laws of the United States, or under this Constitution, shall be taxed at a uniform and equal rate in proportion to its value, to be ascertained as provided by law. (2) The following are property tax exemptions: (a) The property of the state, counties, cities, towns, school districts, municipal corporations and public libraries lots with the buildings thereon used exclusively for cither religious worship or charitable purposes, and places . (b) The property of counties, cities, towns, special districts, and all other political subdivisions of thfi state, except that to the extent and in the manner provided by the Legislature the property of a county, city, town, special district or other political subdivision of the state located outside of its geographic boundaries may be subject to the ad valorem property tax ; (c) Property owned by a nonprofit entity which is used for religious, charitable, hospital, educational, employee representation, or welfare purposes; (d) Places of burial not held or used for private or corporate benefit It shall be exempt from taxation , : and (e) Livestock held in the state. (f) Tangible personal property present in Utah on January 1, m., which is held for sale or processing and which is shipped to final destination outside this state within twelve months may be deemed by law to have acquired no situs in Utah for purposes of ad valorem property taxation and may be exempted, by law from such taxation, whether manufactured, processed or produced or othe rwise originating within or without the state. (g) Tangible personal property present in Utah on January 1, m., held for sale in the ordinary coi'irse of business and which constitutes the inventory of an y retailer, or wholesaler or manufacturer of farmer 7-0? livestock raisc.-r- may be deemed for purposes of ad valorem property, taxation to be exempted. (h) Water rights, ditches, canals, reservoirs, power plants, pumping plants, transmission lines, pipes and flumes owned and used by individuals or corporations for irrigating land within the state owned by .such individuals or corporations, or the individual members thereof, shall net be separat ely taxed bo long as be exempted from taxation to the extent that they Fihall be owned and used exclusively for such purposes. (i) Povtrer plants, power transmission lines and other property used for generating and delivering electrical power, a portion of which is used for furnish ing power for pumping water for irrigation purposes on lands in the State of Utah, may be exempted from taxation to the extent that such property is used for such purposes. These exemptions shall accrue to the benef it of the users of water so pumped under such regulations as the Legislature may prescribe. (jj The taxes of the indigent poor may be remitted or abated at such times and in such manner as may be provided by law. 'vkji The Legislature may provide by law for the exemption from taxation or abatement of taxes, in whole or in part, of homes, homesteads, and primary residences and tangible personal property , not to exceed $2,000 in value for homes, homesteads, and all household furnishings, furniture, and equipment used exclusively by the owner thereof at his place of abode in maintaining a home for himself and family. The Legislature may provide by law for reimbursement from general state revenues to any political subdivision whose property tax revenues are reduced because of an exemption, abatement, or other general law relating to primary residences or tangible personal property . (J) Property not to exceed $3,000 in value, 1 owned by disabled persons who served in any war in the military service of the United States or of the state of Utah and by the unmarried widows and minor orphans of such disabled persons or of persons who while serving in the military service of the United States or the state of Utah were killed in action or died as a result of such service may be exempted as the Legislature may provide. (m) Intangible property may be exempted from taxation as property or it may be taxed as property in such manner and to such extent as the Legislature may provide, but if taxed as property the income therefrom shall not also be taxed. Provided that if intangible property is taxed as property the rate thereof shall not exceed five mills on each dollar of valuation? (3) The Legislature shall provide by law for an annual tax sufficient, with other sources of revenue, to defray the estimated ordinary expenses of the state for each fiscal year. For the purpose of paying the state debt, if any there be, the Legislature shall provide for levying a tax annually, sufficient to pay the annual interest and to pay the principal of such debt, within twenty years from the final passage of the law creating the debt. Sec. 3. (1) The Legislature shall provide by law a uniform and equal rate of assessment and taxation 1 on all tangible property in the state according to its value in money fr-andl .The Legislature shall prescribe by law such regulations provisons as shall secure a just valuation for taxation of such property, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its tangible property provided that tho Legislature may determine the manner and extent of taxing transient lives'iock and livestock being fed for slaughter to be used for human consumption, (2) Land used for agricultural purposes may, as the Legislature prescribes, be assessed according to its value for agricultural use without regard to the value it may have for other purposes. Intangible property may be exempted fr om taxation as property or it may be taxed in such manner and to such extent as the Legislature may provide. Provided that if intangible property be taxed oo property the rate thereof shall not exceed five mills on each dollar of valuation. When exempted from taxation as property, the taxabUi income therefrom shall bo taxed under any tax based on incomes, but whe n taxed by tho state of Utah as property, the income therefrom shall not. also be taxed. The Legislature may provide for deductions, exemptions, andor offsets on any tax based upon income. The personal income tax rates shall be graduated but the maximum rate shall not exceed six porcomt of not income. No excise tax rate based upon ineome shall exceed four tcrcont of net income. The rate limitations herein contained for taxes Ibased on income and for taxes on intangible property shall be effective unl:il January 1, 1037, and thereafter until changed by law by d vote of the majority of the members elected to each house of the Legislature. AH rev enue received from taxes on income or from taxes on intangible property shall bo allocated to tho support of the public school cyGtcm as defined iri Article X, Section 2 of this Constitution. INITIATIVE PROPOSAL A ELIMINATION OF STATE SALES TAX ON FOOD Shall the 4 state sales tax on food be eliminated except on food prepared for immediate consumption on or off the premises of the retailer,, , and on food sold through a vending machine at a price in excess of fifteen cents, while retaining the present county, city and town local option to tax the sale of food? FORD AGAINSTD COMPLETE TEXT OF ELIMINATION OF THE STATE SALES TAX ON FOOD AN ACT PROVIDING FOR ELIMINATION OF THE STATE SALES TAX ON FOOD; RELATING TO REVENUE AND TAXATION; AND PROVIDING AN EFFECTIVE DATE; AMENDING SECTIONS 59-15-2, 59-15-4 AND 59-15-6, UTAH CODE ANNOTATED 1953, AS AMENDED THROUGH THE LAWS OF UTAH 1977. Be It Enacted By The Legislature Of The State Of Utah; Section 1. Section 59-15-4, Utah Code Annotated 1953, as amended through the laws of Utah 1977, is amended by adding the following sentence to subsection (A), the sale of food as defined in section 59-15-2, Utah Code Annotated, shall not be subject to the tax by the State of Utah; however" food may be subject to taxation pursuant to Title 11, Chapter 9 and Chapter 20, Utah Code Annotated 1953 as amended. : Section 2. Section 59-15-2, Utah Code Annotated 1953, as amended through the laws of Utah 1977, is amended by adding the following subsection: the term "food" means all food for human consumption which is eligible for purchase with food coupons issued by the United States DepartmenroT Agriculture under regulations in effect on January 1, 1977, regardlessjjr whether the retailer Irom whom the food 13 purchased or the purchaser participates in.tne f0? stamp Pr?fram- As used In this sectloh;"lfieTgrm , food does not mean food normally prepared for immediate consiirnption on or off the premises of the retailer, nor does It include food soToHhTougfll vending machine, except as btherwlse provided in Section 59-15-6." Section 3. Section 59-15-6, Utah Code Annotated 1953, as amended through the laws of Utah 1977, is amended by adding between the first and second paragraph thereof the following paragraph: The sale of food as definedjn1 Section 59-15-2, Utah Code Annotated, shall be exempt from taxationunder this actby tne state of Utah; however, food mav W s..hW to taxHIbn pursuant to Title li, Chapter 9, and Chapter zfl, Utah W Annotated! as amended. " c 1 Section 4. This act shall take effect pursuant to Section 20-11-5 Utah Code Annotated 1953. INITIATIVE PROPOSAL B TAX LIMITATION ACT Should a law be adopted which would: 1. Limit taxes on real property to 1 of market value; establish 19" county assessor s valuation as market value, except appraised value shall thearket value of Property purchased, constructed or transferred after 1977 ; limit annual inflationary increases in market value to 2. 2. Require two-thirds vote of legislature to increase state taxes; prohibit new ad valorem, sales or transaction taxes on real property. eiectUolCntieS' leS and special di8trlcts two-thirds vote of electors to impose special taxes except on real property. F0RD AGAINSTD THE COMPLETE TEXT OF TAX LIMITATION ACT AN A5IlUEITEXCFAPDTVR3 0N MAL PROPERTY TO 1 Of APPROVE rvTvI1AY INDEBTEDNESS PREVIOUSLY VALUE OF PROpBS- ESTABLISHING 1977 ASSESSED ANNUAL INrRPB F0R TAX PURPOSES. LIMITING NACT ANY CHANGE IN STATE TAXES DESIGNED TO PROPOSITION NO. 3 LABOR ARTICLE REVISION Shall Article XVI, Section 3 of the State Constitution be amended t( remove the prohibition against the legislature establishing work releasi programs outside prison grounds for inmates, and to remove thi prohibition of the employment of women in underground mines. FORD AGAINSTD COMPLETE TEXT OF PRISONER WORK RELEASE AMENDMENT 1979 GENERAL SESSION A JOINT RESOLUTION OF THE 43RD LEGISLATURE OF THE STATI OF UTAH PROPOSING TO AMEND ARTICLE XVI, SEC. 3 OF NEW An uI?nDm' PROHIBITING IMPOSITION BY STATE REAL PROPPrtv SALES OR TRANSACTION TAXES ON ENTITIF9 rn ?DTLAUTH0RIZING SPECIFIED LOCAL REAL PROPERTY SPECIAL TAXES EXCEPT TAXES ON gigMCTEBYJTHEPEOPLE OF THE STATE OF UTAH : TAxSaiTATrow!18 act sha11 be known as' and may be cited as-the DroDeCrtv?haii nJ.e maimum amunt of any ad valorum tax on real nrnnpr v rlL XCeed one percent of the fair market value of such SBIJ,, one percent (1) to be collected by the counties and apportioned according to law. SECTION III. The limitation provided for in Section II shall not apply to aa valorem taxes or special assessments to pay the interest and redemption charges on any indebtedness approved by the voters prior to the time this law becomes effective. SECTION IV. The fair market value means the County Assessor's valuation of real property as shown on the 1977 tax bill under market value, or thereafter, the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1977 assessment. All real property not already assessed up to the 1977 tax levels may be reassessed to reflect that valuation. SECTION V. The fair market value base may reflect from year to year the inflationary rate not to exceed two percent (2) for any given year or reduction as shown in the consumer price index or comparable data for the area under taxing jurisdiction. SECTION VI. From and after the effective date of this law, any changes in State taxes enacted for the purpose of increasing revenues collected pursuant thereto whether by increased rates or changes in methods of computation, must be imposed by an Act passed by not less than two-thirds (23) of all members elected to each of the two houses of the Legislature, except that no new ad valorum taxes on real property, or sales or transaction taxes on the sales of real property may be imposed. SECTION VII. Cities, counties and special districts, by a two thirds vote of the qualified electors of such district, voting in an election, may impose special taxes on such district, except ad valorem taxes on real property or a transaction tax or sales tax on the sale of real property within such City, County, or Special District. SECTION VIII. This law shall take effect 60 days after the adoption of this legislation, except Section VI which shall become effective upon the adoption of this law. SECTION IX. If any section, part, clause, or phrase hereof is for any reason held to be invalid or unconstitutional, the remaining section shall not be affected but will remain in full force and effect. I, DAVID S. MONSON, certify that the above is a full, true and correct copy of the existing and amended language of the Articles and Sections to be amended, together with a full, true, and correct copy of the initiative proposals to be placed on the ballot for the General Election, November 4, 1980. ,'. OF TA? -v V 1 8 9 ,t' -,00'' WITNESS MY HAND AND THE GREAT SEAL' OF THE STATE OF UTAH, at Salt Lake City, Utah, this 1st day of October, 1980. DAVID S. MONSON Lt. Governor |