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Show rr t--r-r- ? T. p fm r Wednesday, September 7, 1994 r w Page 9 Nephi, Utah tElf ; ''1; In accordance with Section . COMPLETE TEXT OF PROPOSITION NO. 1 SJR-- 6 AMEND THE UTAH CONSTITUTION; DECLARING THE RIGHTS OF CRIME VICTIMS IN THE UTAH CONSTITUTION; AMENDING THE RIGHTS OF ACCUSED PERSONS TO LIMIT THE FUNCTION AND PROCEDURES OF PRELIMINARY EXAMINATIONS; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS: AMENDS: ARTICLE I, SEC. 12 ENACTS: ARTICLE I, SEC. 28 it resolved, bv the Legislature of the state of Utah, of all members elected to each of the two houses voting in favor thereof: " Section 1. It is proposed to amend Article I, Sec. 12, Utah Constitution, to read: Sec. 12. Rights of accused persons. In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself,; a wife shall not be compelled to testify against her husband, nor a husband against his wife, nor shall any person be twice put in jeopardy for the same offense. Where the defendant is otherwise entitled to a preliminary examination, the function of that examination is limited to determining whether probable cause exists unless otherwise provided bv statute. Nothing in this constitution shall preclude the use of reliable hearsay evidence as defined bv statute or rule in whole or in part at any preliminary examination to determine probable cause or at anv pretrial proceeding with respect to release of the defendant if appropriate discovery is allowed as defined bv statute or rule. Section 2. It is proposed to enact Article I, Sec. 28, Utah Constitution, to read: Sec. 28. Declaration of the rights of crime victims. (11 lb preserve and protect victims rights to justice and due process, victims of crimes have these rights, as defined bv law: (a) lb be treated with fairness, respect and dignity, and to be free from harassment and abuse throughout the criminal justice process: (b) Upon request, to be informed of. be present at. and to be heard at important criminal justice hearings related to the victim, either in person or through a lawful representative, once a criminal informs tion or indictment charging a crime has been publicly filled in court: r i 3l " t v" Ap have a sentencing judge, for the purpose of imposing an appropriate sentence, receive and consider, without evidentiary limitation, reliable information concerning the background, charac.-an- d conduct of a person convicted of an offense except that this tSLJ subsection does not apply to capital cases or situations involving (,c Ijjb privileges. (2) Nothing in this section shall be construed as creatine a cause of action for money damages, costs, or attorneys fees, or for dismissing anv criminal charge, or relief from anv criminal judgment. (3) The provisions of this section shall extend to all felony crimes and such other crimes or acts, including juvenile offenses, as the Legislature may provide. LUJThe Legislature shall have the power to enforce and define this section bv Statute- Section 3. Submittal to Electors. The lieutenant governor is directed to submit this proposed amendment to the electors of the state of Utah at the next general election in the manner provided bv law. Section 4. Effective Date. If approved bv the electors of the state, the amendment proposed bv this joint resolution shall take effect on January 1. 1995. COMPLETE TEXT OF PROPOSITION NO. 2 HJR-1- 5 A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; RELATING TO PUBLIC SCHOOL FUNDS; PROVIDING THAT ALL REVENUES DERIVED FROM THE USE OF SCHOOL TRUST LANDS SHALL GO TO THE STATE SCHOOL FUND; PROVIDING THAT THE LEGISLATURE MAY MAKE APPROPRIATIONS FROM SCHOOL TRUST LAND REVENUES TO PROVIDE FOR PROPER ADMINISTRATION AND MANAGEMENT OF THOSE LANDS; PROVIDING THAT UNEXPENDED BALANCES FROM THE APPROPRIATION SHALL BE DEPOSITED IN THE STATE SCHOOL FUND; PROVIDING THAT INTEREST FROM THE STATE SCHOOL FUND SHALL BE DEPOSITED IN THE UNIFORM SCHOOL FUND AFTER DEDUCTING AND RETAINING IN THE STATE SCHOOL FUND AN AMOUNT NECESSARY TO PROTECT THE FUND AGAINST LOSSES DUE TO INFLATION; ABOLISHING NONRENEWABLE FROM DERIVED REVENUES RESOURCES ON SCHOOL OR STATE LANDS AS A REVENUE SOURCE FOR THE UNIFORM SCHOOL FUND; ABOLISHING THE PROVISION REQUIRING EXCESS REVENUES TO PASS FROM THE UNIFORM SCHOOL FUND TO THE GENERAL FUND IF THE INTEREST GENERATED BY THE STATE SCHOOL FUND EXCEEDS THE AMOUNT REQUIRED TO FUND THE UNIFORM SCHOOL FUND; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES CONSTITUTION AS FOLLOWS: W Utah Code Unannotated 1992, 1, Olene & Walker, Lieutenant Governor of the State of Utah, am causing the texts of the following Propositions and Initiative which will appear on the ballot at the General Election to be held Tuesday, November 8, 1994, to be printed in at least one newspaper in every county of the state where a newspaper is published. A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO Be TO CHANGE THE UTAH Additional conditions precedent to filing of declaration of candidacy for county offices. AMENDS: ARTICLE X, SEC. 5 of Be it resolved bv the Legislature of the state of Utah, two-thirall members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to amend Article X, Sec. 5, Utah Constitution, to read: Sect 5. State School Fund and Uniform School Fund -Establishment and use. (1) There is established a permanent State School Fund which shall consist of revenue from the following sources: (a) proceeds from the sales of all lands granted by the United States to this state for the support of the public elementary and " secondary schools; (b) 5 of the net proceeds from the sales of United States public lands lying within this state; (c) all revenues derived from nonrenewable resources on ashes) COMPLETE TEXT OF PROPOSITION NO. 3 HJR-1- 7 A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; CREATING THE EDUCATION PROVISION WITH REGARD TO THE STUDY OF RELIGION; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS: ENACTS: ARTICLE X, SEC. 14 of all Be it resolved bv the Legislature of the state if Utah. two-thirmembers elected to each of the two houses voting in favor there- q Section 1. It is proposed to enact Article X, Sec. 14, Utah Constitution, to read: Seek 14. Nonsectarian study of religion. lhfi-- study of the influence of religion, the comparative study of 1 religions, or the theistic. agnostic, and atheistic assumption relevant educational curriculum, including cultural heritage, political the to theory. moral theory, scientific thought, or societal values, does not constitute either religious instruction or a sectarian practice forbidden bv the Utah Constitution. Section 2. Submittal to Electors. The lieutenant governor is directed to submit this proposed amendment to the electors of the state of Utah at the next general election in the manner provided bv laiL Section 3. Effective Date. If annroved bv the electors of the state, the amendment proposed bv this joint resolution shall take effect on January L1995, INITIATIVE A ACT TO LIMIT TERMS OF PUBLIC OFFICE HOLDERS AND REQUIRE ELECTION BY MAJORITY VOTE An act limiting' the terms of county and state public office holders and the Members of the U.S. House of Representatives to eight years and Members of the U.S. Senate to twelve years, and requiring election by majority vote. Be it enacted bv the people of the state of Utah: is added to the Utah Code Annotated Section 1: Section 1953, to read: Delayed county canvassers. returns-Messeng- (1) In order to broaden the opportunities for public service and to assure that members of the United States Congress from Utah are representative and responsive to Utah citizens, the Lieutenant Governor, before accepting a declaration of candidacy for United States Senate shall ensure that the person filing the declaration of candidacy has not held the office for which he has filed for more than eleven years as of the date of filing, and before accepting a declaration of candidacy for U.S. Representative, shall ensure that the person filing the declaration of candidacy has not held the office for which he has filed for more than seven years as of the date of the filing unless the person holds that office as of April 15, 1993. (2) The people of Utah hereby state their support for a nationwide limit of twelve years of service in the U.S.Senate and eight years of service in the U.S. House of Representatives. (3) The people of Utah declare that the provisions of Section 3 of the Act shall be deemed severable from the remainder of this Act and that their intention is that federal officials elected from Utah will continue voluntarily to observe the wishes of the people, as stated in this section, in the event any provision thereof is held invalid. Section 4: (1) In order to prevent government in Utah by minority vote, is added to the Utah Code Annotated 1953 to read: Section , Necessary-Whe- Having the Highest Number of Held HELD n In order to prevent government in Utah by minority vote, a runoff election to the general election shall be held throughout the State or any subdivision thereof for any office in which no person has received a majority of the votes given for the office at the general election. When required, this statute by a runoff election will be held on the first Tuesday after the fourth Monday in November following the general election. (2) In order to prevent government in Utah by minority vote, Section Utah Code Annotated 1953 is amended to read: Highest number of votes electa except for any office in which no person receives a majority vote. The board must declare elected the persons having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof, except for any office in which no person has received a majority of the votes given for the office. If no person has received a majority of the votes given for the office, then the two persons having the highest number of votes given for that office will advance to the runoff election to be held on the first Tuesday after the fourth Monday of November. At the meeting on Monday next, after the runoff election, the board must declare elected the persons having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. (3) In order to prevent government in Utah by minority vote, 0 Utah Code Annotated 1953 is amended to read: Section of meeting-DutieBoard of state canvasaers-Tim- e On the third Monday of November after the day of election, at 12 noon, or in case of a special election, at 12 noon on the day following the receipt by the secretary of state of the last of the returns of such special election, the state auditor , the state treasurer, and the attorney general, who shall constitute a board of state canvassers, must meet in the office of the secretary of state and compute and determine s. the vote for officers and on any measure voted upon by the electors of the state at large or of two or more counties; and the secretary of state, who shall be secretary of said board, must make and file in his office a statement thereof, and must immediately make and deliver to the person having the highest number of votes given for each office to be filled by such electors a certificate of election signed by the secretary of state and authenticated by his seal, except for any office in which no person has received a majority of the votes given for the office. If no person has received a majority of the votes given for the office, then the two persons having the highest number of votes given for the office will advance to the runoff election to be held on the first Tuesday after the fourth Monday of November. At 12 noon on the second Monday after the runoff election, the board must meet in the office of the secretary of state and compute and determine the vote for officers by the electors of the state at large or of two or more counties; and the secretary of state, who shall be secretary of said board , must make and file in his office a statement thereof, and must immediately make and deliver to the person having the highest number of votes given for each office to be filled by such electors a certificate of election signed by the secretary of state and authenticated by his seal. In any case in which a secretary of state shall be elected to succeed himself, the certificate of election shall be issued by the board of state canvassers. sent to clerk of board of . Votes-Whe- EESOBGo Necessary-Whe- n follows: Preparation of official ballots Except as otherwise provided by law, the county clerk of each county shall provide printed ballots for every election of public officers in which the voters, or any of the voters, within the county participate; and shall cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with the county clerk in the manner provided for in chapter 1, 3, 4 and 8 of Title 20. The recorder of any city or clerk of any town, except as otherwise provided by law, shall provide printed ballots for every election of public officers in which the voters, or any of the voters, of his city or town, participate; and shall cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with such city recorder or town clerk in the manner provided by law. The official ballots shall be printed and in the possession of the county clerk, city recorder or town clerk before election, and shall be subject to inspection by the candidates and their agents. 1 Utah Code Annotated 1983 is amended as (3) Section follows: sent to clerk of board of Delayed county canvassers If the returns from all counties have not been received on the Thursday before the day designated for the meeting of the board of state canvassers, the lieutenant governor must forthwith send a messenger to the clerk of the board of county canvassers of the returns-Messeng- delinquent county, and this clerk must furnish the messenger with a The certified copy of the statement mentioned in Section 20-8messenger shall receive as compensation a per diem as provided by law. (4) The people of Utah declare that the provisions of Section 5 of this act shall be deemed severable from the remainder of this act Section 6: This act shall take effect on the first Monday of December, 1994. I, Olene S. Walker, Lieutenant Governor of the state of Utah, hereby certify that the initiative entitled Act to Limit the Terms of Public Office Holders and Require Election by Majority Vote, contained in this petition section is a full, true and correct copy of that initiative as proposed by the sponsors for referral to the people of the state of Utah for their approval as law, or rejection. Only $3.50 per week 6 YARD SALE SIGNS IN BRIGHT COLORS ONLY A Hts Se03 GteMM n In order to prevent government in Utah by minority vote, a runoff election to the 1994 general election shall be held throughout the State or any subdivision thereof for any office in which the Utah Code Annotated person elected (according to Section 20-8- 6 0 1953 and Section Utah Code Annotated 1953 in effect at the time of the 1994 general election) did not receive a majority of the votes given for the office at the 1994 general election. When required by this statute, the two persons for each office having the highest number of votes at the 1994 general election (according to Section 6 0 Utah Code Annotated 1953 and Section Utah Code Annotated 1953 in effect at the time of the 1994 general election) will advance to the runoff election to be held on the first Ihesday after the first Monday of December 1994. At the meeting on Monday next after the 1994 runoff election, the board of county canvassers must declare elected the persons having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. At 12 noon on the second Monday after the 1994 runoff election and after the board of county canvassers have made their tions, according to the provisions of this statute, the state auditor, the state treasurer and the attorney general, who shall constitute a board of state canvassers, must meet in the office of the secretary of state and compute and determine the vote for officers by the electors of the state at large or of two or more counties; and the secretary of state, who shall be secretary of said board, must make and file in his office a statement thereof, and must immediately make and deliver to thp person having the highest number of votes given for each office to be filled by such electors a certificate of election signed by the secretary of state and authenticated by his seal. In any case in which a secretary of state shall be elected to succeed himself, the certificate of election shall be issued by the board of state canvassers. 1 Utah Code Annotated 1981 is amended as (2) Section 055 SEiseG as If the returns from all counties have not been received on the Thursday before the day designated for the meeting of the board of state canvassers, the lieutenant governor must forthwith send a messenger to the clerk of the board of county canvassers of the delinquent county, and this clerk must furnish the messenger with a certified copy of the statement mentioned in Section The messenger shall receive as compensation a per diem as provided by law. (6) The people of Utah declare that the provisions of Section 4 of this act shall be deemed severable from the remainder of this act. Section 5: (1) In order to prevent government in Utah by minority vote Section is added to the Utah Code Annotated 1953 to read: 1994 Runoff Election for Two Persons for Each Office Additional conditions precedent to fifing of declaration Elections-Whe-n 1981 is amended follows: of candidacy for federal offices.. Runoff Utah Code Annotated Except as otherwise provided by law, the county clerk of each county shall provide printed ballots for every election of public officers in which the voters, or any of the voters, within the county participate; and shall cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with the county clerk in the manner provided for in chapter 1,3,4 and 8 of Title 20. The recorder of any city or clerk of any town, except as otherwise provided by law, shall provide printed ballots for every nomination has been certified to or filed with such city recorder or town clerk in the manner provided by law. The official ballots shall be printed and in the possession of the county clerk, city recorder or town clerk before election, and shall be subject to inspection by the candidates and their agents. Utah Code Annotated 1983 is amended as (5) Section (1) In order to broaden the opportunities for public service, to guard against excessive concentrations of power, and to assure that the legislature is representative of the Utah citizens, the Lieutenant Governor or County Clerk, before accepting a declaration of candidacy for any state office, other than a judicial office, shall ensure that the person filing that declaration of candidacy has not held the office for which he has filed for more than seven years as of the date of the r filing, unless the person holds that office as of April 15, 1993. (2) The people of Utah declare that the provision of Section 2 of this act shall be deemed severable form the remainder of this act. Section 3: Section and 1 Preparation of official ballots Additional conditiona precedent to filing of declaration of candidacy for state offices. for other specific purposes; and (d) all revenues derived from the use of school trust lands: and other revenues ae appropriated by the Legislature. (21 The State School Fund principal shall be safely invested and held by the state in perpetuity. Ae Only the interest received from investment of the State School Fund only shall may be expended for the support of the public elementary and secondary schools. As LsgioioSuie by statute may pwride foe necessary administrative ssotsi The Legislature may make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands consistent with the states fiduciary responsibilities towards the beneficiaries of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the State School Fund. A portion of the interest earnings of the State School Fund, in an amount equal to the total balance in the State School Fund at the close of each calendar year multiplied bv the annual rate of inflation for the preceding year, as determined bv the state treasurer, shall be retained in the State School Fund and added to the principal. The State School Fund shall be guaranteed by the state against loss or diversion. tiM 121 There is established a Uniform School Fund which shall consist of revenue from the following sources: (a) interest from the State School Fund remaining after deduction of the amount retained in the State School Fund to protect the fund against losses due to inflation: (b) sueept as revenues appropriated by the Legislature fee the State Sehsel Fundi revcHuoo derived from renewable oehool ee state londo; ether than thaoe geontod foe epeeifie puepsneo; whieh the Legislature may appropriate (c) other revenues received bv the fund under anv other provision of law or bv donation If the interest generated by the State Behsel Fund eaeeods the amount required ta fund the Unifowu Behsol Fund; an appropriated ohall paoo through to the annually by the Legialatuw, the Goaerol Fuad. ' ' HI The Uniform School Fund shall be maintained and used for the support of the states public elementary and secondary schools' and apportioned as 'the Legislature shall provide. Section 2. Submittal to Electors. The lieutenant governor is directed to submit this proposed amendment to the electors of the state of Utah at the next general election in the manner provided bv law. Section 3. Effective Date. If approved bv the electors of the state, the amendment proposed bv this joint resolution shall take effect on January 1. 1995. (4) Section follows: (1) In order to broaden Hie opportunities for public service and to guard against excessive concentrations of power, the county clerk, before accepting a declaration of candidacy for any county office, other than a judicial office, shall ensure that the person filing that declaration of candidacy has not held the office for which he has filed for more than seven years as of the date of filing, unless the person holds that office as of April 15,1993. (2) The people of Utah declare that the provisions of Section 1 of this act shall be deemed severable form the remainder of this act Section 2: Section SooGGseeM untsHal rrrrrrr r INCLUDES YOUR ADDRESS, PHONE NUMBER AND DATES LASER PRINTED SO PEOPLE CAN READ THEM |
