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Show SOUTHERN UTAH NEWS WEDNESDAY SEPTEMBER 7, 1994 In accordance with Section COMPLETE TEXT OF PROPOSITION Utah Code Unannotated 1992, 1, Olene S. Walker, Lieutenant Governor of the State of I tah. am causing the texts of the following Propositions and Initiative which w ere a newspaper is published. the General Election to be held Tuesday, November 8, 1994, to be printed in at least one newspaper in e er county of the state NO. 1 JOINT RESOLUTION OK THE LEGISLATURE PROPOSING TO 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. 2 Be it resolved hv the Legislature of the state of Utah, of all members elected to each of the two houses voting in Liver thereof: Section 1. It is proposed to amend Article I. Sec. 12. Utah Constitution, to read: s 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, he 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 he compelled to testify against her husband, nor a husband against his wife, nor shall any person he 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 prm hv statute. Nothing in this constitution shall preclude the use of reliable hearsay evidence as defined hv statute or rule in whole or in Dart at any preliminary examination to determine probable cause or at am pretrial proceeding w ith respect to release of the defendant if appropriate discovery is allowed as defined hv statute or rule. Section 2 It is proposed to enact Article 1, Sec. 2m, Utah Constitution, to read id-e- 2M. U To preserve and protect victims' nights to lustice and due process, victims of crimes have these right.-- , as defined hv law; a To he treated with fairness, respect, and dignity and to lie filer from harassment and abuse throughout the criminal uistice process. hi Upon request, to he informed of. he present at. and to he heard at important criminal uistice hearings related to the victim, either in person or through a lawful representative, once a criminal inform. or indictment charging a c nine has been puhhelv tilled in emi rt, and lb have a sentencing nidge, lor the purpose of H imposing an appropriate sentence, recoup and consider, without evidentiary limitation, reliable information concerning the background, eharac-ter- , and conduct of a person emu icted id.an.olfe nsee erptt fij us subsection does not apple to capital cases or situations m ojv mg ' l pm lieges '21 Nothing in this section shall lecpiiMrued creating a. cause of action lor money damages, costs, or attorney V fees, or for am criminal charge, or relief from any criminal nulgmeiit '.3j The provisions ol this section shall extend to ajj feloin.cri.ines and stub. other crimes or acts, including nivemle offenses, a- - the Legislature max prov ule. The Legislature shall have the. power to enforce and define t h is. section hv 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 hv law. Section JL Effective Date. If approved In the electors of the state, the amendment proposed hv this limit resolution shall take effect on January 1. 1995. TEXT OF PROPOSITION NO. 2 JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMENDTHE 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 PROVIDING THAT UNEXPENDED THOSE LANDS: 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 FROM NONRENEWABLE 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. ANT) PROVIDING AN EFFECTIVE DALE THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS A ARTICLE X. SEC. 5 of Be it resolved hv the Legislature of the state of Utah, all members elected to each of the twn houses voting in favur thereof; Section 1. It is proposed to amend Article X. Sec. a. Utah Constitution, to read: Sect 5. iState School Fund and Uniform School Fund -- Establishment and use. State School Fund which li There is established a permanent shall consist of revenue from the following sources: a proceeds from the sales of all lands granted hv the United States to this state for the support of the public elementary and secondary schools; 'hi o') of the net proceeds from the -- ales of United States public lands lying w ithin this state; c all revenues derived from nonremovable resources on neW4 state lands, other than lihuucl sovereign lands and lands granted for other specific purposes; m4j id' all revenues derived from the ue of school trust lands, and appropriated by the Legislature. !ej other revenues i'i) The State School Fund principal shall lie safely invested and held by the state in perpetuity. 44w Only the interest received from investment of the State School Fund mils' iJuilll may lie expended for the support of the public elementary and secondary schools IJJw by ototnte mny puivnio lee ni eenniiw titlmini"! witiwfooto 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 hencliciancs of the school land trust. Unexpended balances remaining from the appropriation at the end of each fiscal year shall he 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 hv the annual rate of inflation for the preceding shall he retained ill the year, as dot eminied by the state State School Fund and added to the principal. The State School Fund shall lie guaranteed by the state against loss or diversion. !iH eig There is established a Uniform School Fund which shall consist of revenue from the following sources '.I' interest from the State School Fund remaining alter deduction of tile amount retained ill the State School Fund to protect the fund against losses due to inflation t 'hi oo revenues appropriated by the Legislature toe the leemeii lisou wnowuulo kotol Stole in -oohool oi tot, Inod". ot hoe t tom tin pool to- pni and c iho other revenues wduc-nmv oiipeoieinle received hv the fund under any other provision of law or hv donation, It the lOloeoU oioieeol oil IV' 4bo frtilto Meilool k iih'l ill'1 t liuni the I unloeni Sohonl Fund Hwtuew tt ei'i(me-iieioli d pi mmmuuUv ten tin"huh pie theougli to me liea.-ure- r. Uou-op- (Declaration of the rights of crime victims. COMPLETE Additional conditions precedent to filing of declaration AMENDS. S.JR-- 6 A Sec 8 - . of candidacy for county offices. 'I' In order to broaden the opportunities for public service and to the county clerk, guard against excessive concentrations of power, helore accepting a declaration of candidacy for any county office, that the person filing that other than a judicial office, shall en.-udeclaration 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 re holds that office ,.s of April 15.1993. of Section 1 of this people of Utah declare that the provisions of this act. remainder form the severable act shall be deemed Section 2 Section '2' The Additional conditions precedent to filing of declaration of candidacy for state offices. 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 held the office for person filing that declaration of candidacy has not 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, 199J. 2 ' The people of Utah declare that the provision of Section 2 of this act shall he deemed severable form the remainder of this act. 3.3 Section 3 Section 20-4-' ' Additional conditions precedent to filing of declaration of candidacy for federal offices.. 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 tor which he has filed for more than eleven years - of the date of tiling, and before accepting a declaration of candidacy for US. Representative, shall ensure that the person tiling the declaration of candidacy lias not held the office for which he has pled for more than seven years as of the date of the tiling unless the person holds that office ,i' of April 15. 1993. 2 file people ol Utah hereby state their support tor a nationwide limit of twelve years of service m the l .S Senate and eight Veal "I sei ice III the U S House ot Representatives. 3 The people of I tall declare that the prov Moils of Section 3 of the Act spall he deemed severable from the remainder ol till' Act and that their intention i' that federal officials elected from Utah will continue voluntarily to observe the wishes ol the people. a stated in till' section. ill the event anv provision theicnf is held invalid Section I In older to prevent government m Utah hv minority vote. Se, !n iii is added to the Utah ode Annotated 1953 to read 1 a- ' 29-1-- I - t lom-eu- i k n ml v ( Runoff Elect ions-Whe- older to p a vent gov, rnnient in I tah hv mmuiitv vote, a nil"! eleition to th" gi nerul levtion shall be held throughout the State oi am 'uhdiv Mon thereat Im anv oltice m which no person has received a m.iionty "I the votes given to the office at the general elechell equii'i d. till' I. it it e hv a rutin! i led mn will he held oil tion thetii't ue'd, iv altei ht .u;i t h Monda in Novenibi r tallow utg the geller ll rice loll 2 In older !" pi, vent gov, innn lit oi I tab. hv iiuuoeitv vote. I tab Section mle Annotated l'i5 is amended to read Highest number of votes elects except for any office in which no person receives a majority vote. Ihe bo. ec! niii'l declare (levied the pi having the highest number votes given toi eadi offi,,- to he tilled hv the votes of a single lountv oi suhdiv exo pt tor am office ill which no pi soil has lev el veil a mat'll it o the votes given Im the office If no person ha- - It CelVed a lll.llontv o the vot, s given tor the office, then the two p, so n having the highest number of votes given for that office will advance to the runolt election to he held on the first Tuesday alter the laiirth Monday of November At the meeting on Monday next, alter the runoff eleition. the hoard hum declare elected the persons having the highest number ol votes given for each office to he tilled by the votes ot a single countv or suhdiv ision thereof. v In order to prevent government in I tah hv minnntv vote. Section 29.x. Ill f tail ( ode Annotated 1953 is amended to read: In i The Uniform School Fund shall he maintained and ii'i d for the support of the states public elementary and secondary schools and apportioned as the Legislature shall provide Sec nm, 2 Submittal to Electors. flic JieufitMianLgoxernorjx dj reeled, to submit .tills .proposed amendment, ty ihe electors of the slate L'f.Utah at the next general election ih.e manner prov ued by Livy Section 3 Effective Date. Q approved by tile .elector; of tjle 'tatcythe umeijehnnippri posed by this nunt resolution shall take effect on January 1. l!i.i 111 COMPLETE TEXT OF PROPOSITION NO. 3 JOINT RESOLUTION OF THE LEGISLATURE PROPOSING To AMEND THE UTAH l '(INSTITUTION. CREATING PI K EDUCATION PROVISION WITH REGARD To THE STUDS OF RELIC, ION.. AND PROVIDING AN EFFECTIVE DATE THIS RESOLUTION PROPOSES To CHANGE THE UTAH CONSTITUTION AS FOLLOWS A ENACTS ARTICLE X. SEC II Be it resolved hv film legislature of fihe stale il Utah, tvv nl a members elected tu each ul the tvv qhpuse i voting in favur there-of- . HELD Necessary-Whe- i -- i I x I i ; v i ' Board of state canvassers-Timof meeting-Duties- . n the thud Monday of November after the day of election, e I Section 1. It is proposed to enact Altaic Constitution, to read. Sect. 14 X. See 11. Utah Nonsectarian study of religion. The study of the influence of religion, the coinnarai've study of religions, or the theistic. agnostic, and atheistic assumption relevant to the educational curriculum, including cultural heritage, political theory, moral theory, scientific thought, or societal values, does not constitute either religious instruction or a sectarian practice forbid- - , den hv the Utah Constitution. Section 2. Submittal to Electors. The lieutenant governor is directed to submit this proposed amendment to the electors of the stale of Utah at the next general election in the manner provided hv law. Section 3. Effective Date. If approved hv the electors of the state, the amendment proposed hv this mint resolution shall take effect on January 1. 1995. 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 hv the people of the state of Utah: 3. is added to the Utah Code Annotated Section Section 1953. to read. 1 7 2fi Preparation of offi. Except as nth' w -county shall pn,v r : officers in winch t participate; and si every candidate w the county clerk a Title 20. Ihe rece otherwise provides: to nomination has lx town clerk in the e.:,. he printed and in , ' ; tow n clerk before candidates and th, 5 Section 20 follows: ' ' I Delayed returns-- county canvassers. It the return. Thursday Moreth. canvassers, ,!.,v the up messenger to the cl, x J : county, and thi. " certified cpv of th, a, ger shall nxeivca. , ' Oi' Tile people o this act shall lied, u Section 5: 111 del 01 ' Section 2 1994 Runoff Elen Having the ' Highest Held In order to po ruiloll election to the State m anv person elect, ,1 a. 1953 and Section time of the 1991 votes given Im ' . th. tills slatule P number ol vot, . by I J tab t o,i. Annotated ll,5 adv anee to t le a in lust ,,i the 1991 mnol! ' Mmidav elected the office t" be p, i li i'"M U ol At 12 noon "I and alter tin "I s acci it ill iffi the state tii hoard ot tati -- and i"iii'1.1' of the 'late at bn. state, who -- i' id 1" office a 'talc in, to the pea son Slav to he tilled I". .tale secretary ol '! it' a secret. u v "I tat of election sh.ll '2' Sect 'ol, 2' follows ol m Preparation Except 'hall po -- officers m which participate, and cvcrv candidate w the countv del k m Title 20. file I'ece otherwise provide at 12 noon, or m case ot a special election, at 12 noun on the dav following the receipt by the secretary ot 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 hoard of state canvassers, must meet in the office ol the secretary of state and compute and determine the vote for officers and on any measure voted upon hv the electors of the state at large or of two or more counties; and the secretary of state, who shall he secretary of said hoard, must make and file in his office a statement thereof, and must immediately make and deliver to the poison having the highest number of votes given for each office to he filled by such electors a certificate of election signed hv the secretary ol state and authenticated hv 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 he held on the first Tuesday after the fourth Monday of November. At 12 noon on the second Monday after the runoff election, the hoard must meet in the office of the secof state and compute and determine the vote for officers hv the retary electois of the state at large or of two or more counties; and the secretary of state, who shall he secretary of said hoard must make and file ill 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 hv 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 he elected to succeed himself, the certificate ot election shall he issued by the hoard of state canvassers. . (4 Stvtmn follows: w election of public city ur tow n. panic ol every car wi filed with such city u , law. The official h m county clerk, citv iw subject to in spec! 3 Section 2o - name follows: Delayed returns county canvassers If the returns th.ia Thursday before ;: canvassers, the messenger to the imm delinquent county, and certified copy of t n. messenger shall re me I 4 The people this act shall be d" Section fi. Th : December. 1994 Olene S Wo m hereby certify that Public Office Hull", contained in this that initiative 1 of the state of I t:r I. |