OCR Text |
Show For Against n O O Official Ballot Title: orpa-'- Shall the Utah Constitution be amended to: ony chq 4F reposition 2 (1) clarify the Legislatures duty to reapportion the state after each United States census into congressional, legislative, and other districts, and clarify the number of senators and representatives; it MISCELLANEOUS (2) clarify an exemption from a forced sale of property; and dbystaAT substai avcleai.1 ' . tute a i unity; i on bi n AMENDMENT site drawn in bmit ini thestat ided b; Vote state ke effe cast by the members of the 1988 Legislature on final passage: (75 members): Yeas, 74; Nays, 1; Absent or not voting, 0. (3) delete provisions relating to the transfer of property owned by the Utah Territory at statehood, the location of the State Fair, and specific reference to certain public institutions? HOUSE SENATE (29 members): Yeas, 26; Nays, 0; Absent or not voting, 3. IMPARTIAL ANALYSIS The provisions of Proposition 2 can be divided into three categories: 1. Apportionment and Legislative Districts The present Utah Constitution provides Apportionment for reapportionment of congressional districts after each apportionment made by Congress and for reapportionment of legislative districts after each United States census. No mention is made of reapportioning state school board districts, but this is done at the same time as other reapportionment. Proposition 2 clearlyestablishes the authority of the Legislature to divide the state into congressional, legislative, and state school board districts after each United States a. census. The present Utah Constitution also requires the state to conduct a state census every tenth year beginning in 1905. This state census has never been done. Instead, Utah has always relied on the United States census figures to conduct its reapportionment. Proposition 2 eliminates this requirement of a state census. b. Legislature The present Utah Constitution provides that the minimum number of state senators shall be 18 and the minimum number of state representatives shall be 45. It allows the number of senators to be increased to 30 and allows the number of representatives to be increased, but the number of representatives can never be less than twice nor greater than three times the number of senators. There are currently 29 senators and 75 representatives. Proposition 2 limits the number of senators to 29 and retains the provision that the number of representatives can never be less than twice nor greater than three times the number of senators. In 1964, two sections of the Utah Constitution dealing with legislative districts were held invalid under the United States Constitution. Proposition 2 eliminates these sections. 2. Homestead Exemption from Forced Sale of Property The present Utah Constitution provides for a $1500 minimum exemption of a homestead" from the forced sale of property. A forced sale of property usually occurs as the result of bankruptcy. A homestead generally consists of a home and improvements to it. Proposition 2 retains the homestead exemption but eliminates the specific $1500 minimum amount. The Legislature has presently set the exemption at $8000. Passage of Proposition 2 will not change this amount. The present Utah Constitution requires 3. Other Changes that the state capital and the state fair be located in Salt Lake City. It provides for the transferor territorial property and institutions to the state upon statehood. It also provides for the support and maintenance of several institutions, including reformatory and penal institutions and those for the insane, blind, deaf, and dumb. All of these institutions are currently provided for by statute. Utah's Enabling Act, the federal law that made Utah a state, also requires the maintenance of these institutions. Proposition 2 eliminates all of this language except the requirement that Salt Lake City is the state capital. Effective Date January 1, 1989 Fiscal Impact None Page 11 |