OCR Text |
Show wnMWi'Pwii'wwHWimyyaggsasg Hsbstt&I to Arguments For I I Proposition 2 simply puts current apportionment practice into the constitution. The apportionment article has not been changed since it was written in 1895. It contains archaic language and practices. For example, the present constitution requires the Legislature to provide for a statewide census every ten years. The state has never conducted such a census, relying instead on the census conducted by the United States govern-j- : ment. Also, the present constitution requires that after each census the Legislature must divide the state into new con-- , gressional and legislative districts but says nothing about reapportioning the state school board districts, which it has always done. Proposition 2 simply updates our constitution to conform with present practice. ijj (1 ' ' iv Proposition 2 removes unconstitutional language from the states constitution and reduces the potential sire of the Legislature. The United States Supreme Court has held that legislative districts within a state must contain substantially the same number of people to ensure that every person's vote has substantially equal influence. Under this rule, two provisions of the Utah Constitution were held unconstitutional in 1964. Proposition 2 simply eliminates this unconstitutional language. It also reduces the potential size of the Legislature by reducing Because the the number of senators from thirty to twenty-nine- . House membership can never be more than three times the number of senators, the potential number of legislators is reduced by four persons, three in the House and one in the Senate. This in turn reduces potential costs to the taxpayer. 3 .i j ,1, j ;j Sj Proposition 2 eliminates an inflexible dollar amount regarding the traditional homestead exemption. The Utah Constitution has always provided for a homestead exemption from judicial or forced sale. The amount exempted in the constitution is $1500, yet today statute provides a homestead exemption of $8000! Retaining the old dollar amount restricts the flexibility of the Legislature to deal with this issue on a timely basis. Proposition 2 simply eliminates the dollar amount from the constitution but retains the exemption. 5 1 f j q Proposition 2 provides clear, simple constitutional language. Proposition 2 eliminates unclear and unnecessary language from the Utah Constitution. For example, it now requires that the State Fair be located in Salt Lake City. Perhaps it should be in Salt Lake City, but why say so in the constitution? This and other matters should be determined by law, not the constitution. Proposition 2 simply eliminates such outdated language. 4 ,jj 3 A vote for Proposition 2 is a vote for better constitutional law. The Legislature voted almost unanimously to approve this proposition. It is also the recommendation of the Utah Constitutional Revision Commission, a body whose ongoing charge is to modernize and streamline the Utah Constitution and remove archaic provisions. With reapportionment occurring again in 1991, now is the time to clean up the language to facilitate the reapportionment process and to get rid of unconstitutional and II unnecessary provisions. j Vote FOR Proposition 2! Senator Lyle W. Hillyard 175 East 100 North I Logan, Utah 84321 Representative Ted D. Lewis 4505 South Wasatch Drive, Suite 310 Salt Lake City, Utah 84124 Page 12 Argument For Pnfiorition No. 2 Proposition 2 deals too simply with apportionment. The apportionment proposal needs to have its brief statement further defined as presented in the second paragraph of the arguments against Proposition 2. In Proposition 2, the proposals relative to some better language, the Legislatures size, and the homestead exemption are good, but not urgent, thus can wait for improvements in other provisions. Those needed improvements, in addition to further defining apportionment, include retaining portions (1) which regarding state property are historically relevant, (2) which delineate certain state responsibilities as the public good may require, and (3) which make for better organization of constitional topics. Without the overcorrections presented in Proposition 2, there would be even better constitutional law. Also, though talented officials support Proposition 2, the people must weigh ideas in making their decision. The ideas in the arguments against Proposition 2 are sufficient reasons to oppose it as written at this time. Theres enough time to delay changes relative to apportionment. Apportionment is important, but waiting until 1990 to approve an even better provision would still make the Utah Constitution ready for the 1991 reapportionment. Vote AGAINST Proposition 2. Maijorie Childs 342 Camaren Drive Brigham City, Utah 84302 |