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Show Proposed Changes in Utah's Consiitytioi State of Utah OFFICE OF THE SECRETARY OF STATE Salt Lake City August 29, 1966 Dear Fellow Citizens: The Legislature of the State of Utah has entrusted en-trusted me with the responsibility for publishing the following Propositions, which relate to changes 'in the Constitution -of the State of Utah. In the beginning of the body of each Proposition we have set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on November 8, 1966. Because of the very serious nature of these Propositions which your State Legislature has caused to be placed before you, I urge that each of you study the text of the Propositions Propo-sitions in full. I urge you to consult with your friends, neighbors neigh-bors 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 TO CALL A CONVENTION TO REVISE OR AMEND THE CONSTITUTION OF THE STATE OF UTAH AND HAS RECOMMENDED THAT THE ELECTORS VOTE AT THIS ELECTION FOR OR AGAINST A CON-VENTION; CON-VENTION; THEREFORE VOTE EITHER. WHEREAS, the people of this sovereign State of Utah are blessed with the constitutional constitu-tional guarantees of life, liberty, property, and self government and, WHEREAS, the guarantee of self government itself extends to the right of the people to revise their constitutional charter; and WHEREAS, it is appropriate that the people should turn their attention periodically to a consideration con-sideration of fundamental concepts con-cepts of government and the machinery of government in the light of everchanging social and economic conditions; NOW, THEREFORE, BE IT RESOLVED by two-thirds of the members elected to each branch of the Legislature, that it be recommended to the electors elec-tors to vote at the general election elec-tion to be held in 1966 for or against a convention to consider the Constitution of Utah and whether it shall be amended or revised. By this action it is deemed necessary that such proposition be submitted to the said electors. BE IT FURTHER RESOLVED RESOLV-ED that the Secretary of State is directed to submit this proposition propo-sition to the electors of the State of Utah in the general election to be held in 1966. The proposition proposi-tion shall be submitted to the electors in the following form: Whereas the thirty-sixth Legislature Leg-islature of the State of Utah deemed it necessary to call a convention to revise or amend the Constitution of Utah and has recommended that the electors vote at this election for or against a convention; con-vention; therefore vote either, for a convention against a convention if a majority of all the electors, voting at this election, shall vote for a convention, the Legislature, at its next session, ses-sion, shall provide by law for calling the same. PROPOSITION NO. 3 SUCCESSION OF STATE AUDITOR AND STATE TREASURER SHALL SECTION 3 OF ARTICLE VII OF THE CONSTITUTION CON-STITUTION OF THE STATE OF UTAH BE AMENDED TO ALLOW THE STATE AUDITOR AND THE STATE TREASURER TO BE ELIGIBLE ELIGI-BLE TO SERVE FOR NOT MORE THAN TWO SUCCESSIVE SUCCES-SIVE TERMS RATHER THAN THE ONE TERM NOW ALLOWED. Section 1. It is proposed to amend Article VII, Section 3 of the Constitution of the State of Utah to read as follows: Sec. 3. No person shall be eligible to the office of governor or secretary of state unless he shall have attained to the age of thirty years at the time of his election, nor to the office of attorney general unless he shall have attained the age of twenty five years at the time of his election, and have been admitted to practice in the supreme su-preme court of the territory or the state of Utah, nor unless he shall be in good standing at the bar at the time of his election. No person shall be eligible to any of the offices provided for in section one of this article, unless at the time of his election he shall be a qualified elector, and shall have been a resident citizen of the state or territory for five years next preceding his election. The state auditor and state treasurer shall be ineligible in-eligible to serve for more than two successive terms. If adopted by the electors of this state, this amendment shall take effect upon approval. PROPOSITION NO. 4 LEGISLATIVE STANDING COMMITTEE SHALL ARTICLE VI OF THE CONSTITUTION OF THE STATE OF UTAH BE AMENDED BY THE ADDITION ADDI-TION OF SECTION 33, AUTHORIZING AU-THORIZING EACH HOUSE OF THE LEGISLATURE TO APPOINT COMMITTEES TO SERVE BETWEEN LEGISLATIVE LEGIS-LATIVE SESSIONS AS WELL AS DURING SESSIONS, SES-SIONS, AND TO PROVIDE FOR THE STAFFING AND FINANCING OF SAID COMMITTEES. COM-MITTEES. Section 1. It is proposed to amend Article VI of the Constitution Con-stitution of the State of Utah by the addition of Section 33 to read: Section 33. In order to expedite ex-pedite the work of the legislature, legis-lature, each house may by resolution provide for the ap- , n l it ia iiMwiiMiriiMWMnnnMM pointmont of committees to ascertain facts and make recommendations rec-ommendations as to any subject within the scope of legislative regulation or control, and joint committees, consisting of members mem-bers of both houses, may be created by joint resolutions. A resolution creating any such committee may authorize it to act during sessions of the legislature, leg-islature, during periods when the legislature is in adjournment or after final adjournment of a session. Any such committee shall have the powers and perform per-form tine duties provided by the resolution creating it, including the power of subpoena and the power to hire and to maintain staff, and in addition it shall have such powers and perform such duties as may be provided by law or by the rules of the legislature or either house thereof. there-of. The legislature may provide for the payment of expenses necessarily incurred by any such committee. This amendment, if adopted by the electors of the state, shall take effect the first day of January, 1967. PROPOSITION NO. 5 ANNUAL SESSIONS OF THE LEGISLATURE SHALL SECTIONS 2 AND 16 OF ARTICLE VI OF THE CONSTITUTION OF THE STATE OF UTAH BE AMENDED TO PROVIDE FOR ANNUAL SESSIONS OF THE LEGISLATURE CONSISTING OF A GENERAL GEN-ERAL SESSION OF NOT TO EXCEED FORTY-FIVE LEGISLATIVE LEG-ISLATIVE DAYS IN ODD NUMBERED YEARS AND A BUDGET SESSION OF NOT TO EXCEED TWENTY LEGISLATIVE DAYS IN EVEN NUMBERED YEARS. THIS PROPOSAL WOULD REPLACE A SIXTY CALENDAR CALEN-DAR DAY SESSION WHICH NOW MEETS EVERY OTHER YEAR. Section 1. It is proposed to amend Article VI, Sections 2 and 16 of the Constitution of the State of Utah to read: Sec. 2. Regular sessions of the legislature shall be held annually annu-ally at the seat of government. Regular sessions which shall be known as general sessions shall be held in odd-numbered years, and regular sessions which shall be known as budget sessions shall be held in even-numbered years. Regular sessions shall commence at 12 o'clock, P.M. on the second Monday in January. At a budget session the legislature legis-lature shall consider only (1) general appropriation bills for the succeeding fiscal year, (2) revenue bills necessary therefor, (3) bills necessary to implement appropriations in general appropriation ap-propriation bills for new projects, pro-jects, programs or services, (4) legislative matters submitted to the legislature in writing by the governor during the session, and (5) legislative matters brought before the session by introduction introduc-tion by two-thirds of the members mem-bers of either house. The legislature, however, may provide pro-vide for its expenses. Sec. 16. No general session of the legislature shall exceed forty-five legislative days, and no budget session shall exceed twenty legislative days, except in cases of impeachment and except that at the end of any regular session the legislature may adjourn to a date when it shall convene for not to exceed five legislative days for the sole purpose of reconsidering vetoed bills, and line items in appropriation appropri-ation bills vetoed by the governor. gov-ernor. No special session shall exceed thirty legislative days, except that at the end of any special session the legislature may adjourn to a date when it shall convene for not to exceed ex-ceed five legislative days for the sole purpose of reconsidering vetoed bills and line items in appropriation bills vetoed by the governor: Legislative days shall be calendar days but shall not include Saturdays, Sundays, legal le-gal holidays or periods when the legislature shall be in adjournment. adjourn-ment. If adopted by the electors of the state, this amendment shall take effect the first day of January, Janu-ary, 1967. PROPOSITION NO. 6 CONVENING OF SPECIAL SESSION OF LEGISLATURE BY LEGISLATURE ITSELF SHALL A NEW SECTION BE ADDED TO ARTICLE VI OF THE CONSTITUTION OF THE STATE OF UTAH TO AUTHORIZE THE LEGISLATURE LEGIS-LATURE TO CALL ITSELF INTO SPECIAL SESSION UPON THE WRITTEN REQUEST RE-QUEST OF TWO-THIRDS OF THE MEMBERS OF EACH HOUSE. Section 1. It is proposed to amend article VI of the Constitution Consti-tution of the State of Utah by the addition of section 34 to read: Sec. 34. Special sessions the legislature (1) may be cor vened by the governor as pre vided in article VII, section I ' or (2) shall be convened by tlf presiding officrrs of the senat and house of representative acting jointly, upon written ri quest by two-thirds of the menv bers of each house. At a suecii session convened by the presi ins officers of the two house the legislature shall considt only legislative matters brous;! before the session by resolution approved by two-thirds of tl.H members of either house. Tl ' legislature, however, may pr vide for its expenses. , If adopted by the electors (' the state, this amendment sha take effect the first day of Jam ary, 1967. PROPOSITION NO. 7 LEGISLATIVE H COMPENSATION AND S.! EXPENSES Br SHALL SECTION 9 CT ARTICLE VI OF THE CO 1 STITUTION OF THE STATJI OF UTAH BE AMENDED T PROVIDE THAT MEMBEF OF THE LEGISLATURE Rl CEIVE A SALARY FOai THEIR SERVICES IN TH25 AMOUNT OF ONE THOU-,, AND DOLLARS PER YEA. UNLESS OTHERWISE PR'i! VIDED BY LAW, AND R: CEIVE AN ALLOWANQp FOR EXPENSES ANt, MILEAGE, AS FIXED El LAW WHEN ATTENDIIS R COMMITTEE MEETINCL OF THE LEGISLATUF I HELD BETWEEN SESSIOr I AND WHEN OTHERWIJI ENGAGED I N OFFICl" BUSINESS. I Section 1. It is proposed 7 amend Article VI, Section 9 j the Constitution of the State Utah to read as follows: W j Sec. 9. Unless otherwise pi I vided by law the members L the legislature shall receive co" pensation for their services $1,000.00 a year for the leal lative term payable monthpi The members shall also rece. expense and mileage allowani as fixed by law for attendi sessions of the legislature SJ J meetings of single-house a joint committees held betwtfJJ sessions and during peril when the legislature is in 1 journment, and when otherwj JB engaged in official legislat business. No increase of company sation shall be effective dur'" the period for which membi) of the then existing house representatives may have b elected. ,, If adopted by the electors R the state this amendment sH take effect the first day of Jar" ary, 1967. PROPOSITION NO. 8 BOARD OF EXAMINER!! AMENDMENT W j SHALL SECTION 13 ARTICLE VII OF THE CO STITUTION OF THE STA OF UTAH BE AMENDED Ih ABOLISH THE BOARD I EXAMINERS, WHICH. U COMPRISED OF THE GCl ERNOR, THE SECRETA1 OF STATE AND THE L TORNEY GENERAL. TH J1 BOARD NOW HAS Trill DUTY TO EXAMINE A". CLAIMS AGAINST Tj STATE OF UTAH AND PERFORM SUCH OTIL DUTIES AS ARE PPS SCRIBED BY LAW. jh Section 1. It is proposed; amend article VII, section la the Constitution of the State ft y Utah to read: fT Sec. 13. Until otherwise vided by law, the governor, retary of state and attorj general shall constitute a bo of state prison commission! which board shall have supervision of all matters Cv nected with the state prison; may be provided by law. This amendment shall t effect on approval by the e-i'i tors of the state. , I, CLYDE L. MILLER, i retary of State of the Stately Utah, DO HEREBY CERTI that the foregoing is a 'if f true and correct copy ot H constitutional amendments posed by the regular sesi. of the Thirty-Sixth Legislat T 1965 and by the Special sion held in 1966, as appear record in my office. IN WITNESS WHEREpif have hereunto set my hand affixed the Great Seal ot L State of Utah, at Salt Lake Lffr this 29th day of August, CLYDE L. MILIEU'! Secretary 126 Be is resolved by two-thirds of the members elected to each branch of the Legislature. PROPOSITION NO. 1 METROPOLITAN GOVERNMENT SHALL A NEW ARTICLE BE ADDED TO THE CONSTITUTION CON-STITUTION OF THE STATE OF U.TAH TO PERMIT COUNTIES OF 75,000 OR MORE PERSONS TO ESTABLISH ES-TABLISH A METROPOLITAN METROPOLI-TAN FORM OF GOVERNMENT GOVERN-MENT WITHIN METROPOLITAN METRO-POLITAN REGIONS WHICH COULD REPLACE ANY OTHER EXISTING UNIT OF LOCAL GOVERNMENT WITHIN THE REGION. Section 1. The residents of a county with a resident population popula-tion of not fewer than 75,000 as determined1 by the last national na-tional or state census are empowered em-powered to establish a metropolitan metropol-itan region and provide for the government thereof, subject only to the limitations of this article. Sec. 2. Notwithstanding any other provisions of the constitution constitu-tion of this state, a metropolitan government created in accordance accord-ance with the procedure outlined out-lined herein may assume or transfer powers and functions of existing governmental units, provide pro-vide for revenue to support a metropolitan government, assume as-sume indebtedness of existing governmental units, transfer official of-ficial records, funds and other property and assets, and provide for all matters necessary or incidental to the effectuation of the foregoing provisions. Sec. 3. Whenever the residents resi-dents of a metropolitan region desire to create a metropolitan government, a petition to do so may be filed naming the metropolitan metro-politan region and describing the boundaries thereof. Such petition shall be signed by qualified quali-fied electors equal to ten percent or more of the votes cast at the next preceding general election within the proposed metropolitan metropoli-tan region and" shall be filed in the office of the Secretary of State, at least six months prior to the next general election. Sec. 4. The Secretary of State shall forthwith publish notice of the filing of the petition, naming the metropolitan region and setting set-ting forth the boundaries thereof as described in the petition. The notice shall be published once a week for six consecutive weeks in a newspaper having a general circulation and published in the county containing land proposed to be included in the metropolitan metropoli-tan region, and the Secretary of State shall transmit a certified copy of the petition to the county clerk of the county concerned. con-cerned. The matter shall be placed before the registered voters residing in the metropolitan metro-politan region upon a ballot reading substantially, "Should a metropolitan type of government govern-ment be created? Yes ( ) or No ( )," at the next general election held regularly after the filing of the petition. Sec. 5. At the time the voters residing within the metropolitan region vote to approve or reject the metropolitan type of local government at a general election,' elec-tion,' they shall also vote for fifteen fif-teen persons to be members of a charter commission to prepare a plan of metropolitan government. govern-ment. Candidates shall be qualified quali-fied electors residing within the proposed metropolitan region, who shall be nominated by petition peti-tion signed, with their respective addresses, by not fewer than fifty registered voters residing within the proposed region. Said petition shall bo filed with the Secretary 01 State at least sixty days prior to the general election. If a majority of the electors voting upon the ques- Hnenanmagn tion vote in the affirmative, the fifteen candidates receiving the highest number of votes cast at such election shall constitute the charter commission. The ballot for a charter commission shall not contain any party designation. designa-tion. . Sec. 6. If a metropolitan type of government is approved, the charter commission shall, within one month after being elected, on a day and time to be set by the Secretary of State, meet and organize in the metropolitan region re-gion and proceed to frame a charter setting forth a plan of government for the metropolitan region. The expenses of the charter commission shall be advanced ad-vanced by the state and the state shall be repaid by the metropolitan region within five years. Charter commissioners shall be allowed no pay for their services, but shall be allowed necessary expenses by the board of examiners. Sec. 7. The charter so framed shall be filed with the Secretary of State by the charter commission commis-sion and then submitted to the qualified electors of the metropolitan metro-politan region at an election to be held at a time to be determined deter-mined by the charter commission, commis-sion, which shall be not less than sixty days subsequent to its completion and not more than one year from such date. Alternative Al-ternative provisions may be voted vot-ed upon separately. Notice as to the manner of obtaining free copies of the proposed charter and its alternatives, certified by the chairman of the charter commission, shall be published in the manner provided for notice of petition in section 4. Such proposed charter and alternative al-ternative provisions approved by a majority of the electors voting at a time to be fixed therein, and shall supersede any existing law of the metropolitan region thereon shall become the organic charters. The government created cre-ated thereby may supersede any existing forms of government included in-cluded in the metropolitan region re-gion if so provided in the charter. char-ter. Adoption of the charter shall not invalidate existing laws and ordinances not in conflict con-flict therewith. The metropolitan metropoli-tan government shall have the power to amend, repeal or replace re-place the ordinances of such superseded governmental units. Within thirty days after approval ap-proval of the charter, duplicate copies thereof, certified by the charter commission chairman, shall be filed in the office of the Secretary of State, who shall deliver de-liver one copy thereof to the officer of the metropolitan region re-gion designated by the charter after said officer qualifies. The charter may subsequently be amended or changed in the manner man-ner provided in Section 5 of Article XI of the Constitution. Sec. 8. The metropolitan region re-gion government shall be a body politic and corporate and have all rights, powers, jurisdictions and authority now exercised by towns, cities, counties and all special purpose districts. Such metropolitan region government can sue and be sued, subject to limitations, conditions and procedure established by the legislature and the rules of procedure pro-cedure promulgated by the supreme su-preme court pertaining to municipal muni-cipal corporations. The charter of each metropolitan region shall designate the officer who may be served as process agent. This amendment shall take effect on approval by the electors elec-tors of the state. PROPOSITION NO. 2 CONSTITUTIONAL CONVENTION CALL WHEREAS THE THIRTY-SIXTH THIRTY-SIXTH LEGISLATURE OF THE STATE OF UTAH DEEMED IT NECESSARY |