Show Continued from previous page COMPLETE TEXT OF PROPOSITION NO 1 bail amendment E LEG1SLATUR£ PROPOSING TO AMEND THE Uth CONSmnSc T° BA1L: SUBSTITUTING THIS RESOLU- RfRELATING PASSED AT THE 1988 I7TH LEGIsAbc TI GENERAL mN SESSION PROVIDING OF THt Lion“dw'dEdcopvs AncTJf 1988 GENERAL SESSION OF THE 47TH LEGISLATURE ANn bfpi IS RESOLUTION AND PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWSAMENDS: ARTICLE SEC Be I'resolved by (be Legislature of the state of Utah of all members elected to each of the two houses voting in favor thereof: ' Pr°P°sed 0 amend Article Sec 8 Utah Constitution to read: ?ct“11: All prisoner persons charged with a crime shall be bailable by sufficient sureties except (for: (a) persons charged with a capital (offenses offense when the proof is evident or the a pu on k aoeytod of the oommission presumption mrong or of there is substantial evidence to support the charge or (b) persons charged with a felony while on probation or parole or while free on bail awaiting trial on a previous felony charge andwvhere ihe proof is evident or the presump here is sub5'"'i' evidence to support the new Whien felony charge or (c) persons charged with any other crime designated by statute as one for which bail may be denied if there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community or is likely to flee the jurisdiction of the court if released on bail (2) Persons convicted of a crime are bailable pending appeal only as prescribed by law Section 2 Enrolled copy SJR No 3 passed at the 1988 General Session of the 47th Legislature is repealed and withdrawn in its entirety from the next general election Section 3 The lieutenant governor is directed to submit in lieu there of this proposed amendment to the electors of (he state of Utah at the next general election in the manner provided by law Section 4 If approved by the electors of the state the amendment proposed by this 1989 joint resolution shall take effect on January COMPLETE TEXT OF PROPOSITION NO 2 MISCELLANEOUS AMENDMENT A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION PROVIDING MISCELLANEOUS TECHNICAL AND "CLEANUP" CHANGES AND PROVIDING AN EFFECTIVE DATE THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS: AMENDS: ARTICLE IX Sec ARTICLE XXII SEC ENACTS: ARTICLE XXII SEC 3 RENUMBERS AND AMENDS: ARTICLE IX SEC 3 TO SEC 2 REPEALS: ARTICLE IX SEC 2 ARTICLE IX SEC 4 ARTICLE XIX SEC ARTICLE XIX SEC 2 ARTICLE XIX SEC 3 Be it resolved by the Legislature of the stale of Utah of all members elected to each of the two houses voting in favor thereof: It is proposed to amend Article IX Sec Section Utah Constitution to read: Sec 2 One Representative in the Congress of the United States shall be elected from the Slnle ol targe on next after the first Monday in November AD 1895 ond iherealler at such times and places and in such manner as may be prescribed by law When a new apportionment shall be mode by Congress At the session next foDowing an enumeration made by the authority of the United States the Legislature shall divide the state into congressional legislative and other districts accordingly Section 2 It is proposed to renumber Article IX Sec to Article IX Sec 2 Utah to read: Constitution and amend as renumbered 2 The Senate shall consist of eighleen members and the House of Represen Sec (Hives ei forty five members The Legislature may inurease ihe number of senators and not to exceed thirty representatives but thesenutors shall never a membership in number and the number of representatives shall never be less than twice nor greater than three times the number of senators It is proposed to amend Article XXII Sec Section Utah Constitution to read: Sec The Legislature shall provide by tew statute for the selection by each head which may consist of one or more parcels an exemption of a homestead of u family of lands together with the appurtenances and improvements thereon of the value of ui fifteen hundred dollurs from sale on execution Section 4 It is proposed to enact Article XXII Sec 3 Utah Constitution to read: shall be at Salt Lake City Sec 3 The seat of state government Section 5 It is proposed to repeal Article IX Sec 2 Article IX Sec 4 Article XIX Sec Utah Constitution Article XIX Sec 2 and Article XIX Sec Section 6 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 by law Section 7 If approved by the electors of the state the amendment proposes by his 1989 joint resolution shall take effect on January Language repealed in Section 5 Proposition 2 Article IX Sec 2 The Legislature shall provide by law for an enumeration of thereafter and at the session next following such enumeration and also at the session next following an enumeration made by the authority of the United States shall revise and adjust the apportionment for senators and representatives on the basis of such enumeration according to ratios to be fixed by law Article IX Sec 4 When more than one county shall constitute a senatorial district such counties shall be contiguous and no county shall be divided in the formation of such districts unless such county contains sufficient population within itself to form two or more districts nor shall a part of any county be united with any other county in forming any district REPRESENTATIVE DISTRICTS shall be apportioned among the several Until other wise provided by law representatives counties of the State as follows: Provided That in any future apportionment made by the Legislature each county shall be entitled to at least one representative The Count) of Box Elder shall constitute the First Representative District and be ‘‘"°ngl titled to one representative The County of Cache shall constitute the Second Representative District and titled to three representatives The County of Rich shall constitute the Fourth Representative District and be ed to four representatives The County of Morgan shall constitute the Fifth Representative District and be entitlbe titled to one representative The County of Davis shall constitute the Sixth Representative District and be entitled to one representative The County of Tooele shall constitute the Seventh Representative District and be titled to one representative be The County of Salt Lake shall constitute the Eighth Representative District and entitled to ten representatives be The County of Summit shall constitute the Ninth Representative District and titled to one representative be The County of Wasatch shall constitute the Tenth Representative District and titled to one representative District and be The County of Utah shall constitute the Eleventh Representative titled to one representative District The County of Uintah shall constitute the Twelfth Representative titled to one representative District The County Juab shall constitute the Thirteenth Representative titled to one representative The County of San Pete shall constitute the Fourteenth Representative and be and be District and entitled to two representatives District and be The County of Carbon shall constitute the Fifteenth Representative entitled to one representative District and be The County of Emery shall constitute the Sixteenth Representative entitled to one representative District and The County of Grand shall constitute the Seventeenth Representative be entitled to one representative District and be The County of Sevier shall constitute the Eighteenth Representative entitled to one representative District and The County of Millard shall constitute the Nineteenth Representative be entitled to one representative District and be The County of Beaver shall constitute the Twentieth Representative be entitled to one representative Representative District and be The County of Piute shall constitute the entitled to one representative Representative District and The County of Wayne shall constitute the be entitled to one representative Representative District and The County of Garfield shall constitute the be entitled to one representative Representative District and The County of Iron shall constitute the be entitled to one representative Representative District The County of Washington shall constitute the and be entitled to one representative Representative District and be The County of Kane shall constitute the entitled to one representative Representative District The County of San Juan shall constitute the and be entitled to one representative SENATORIAL DISTRICTS shall be constituted and Until otherwise provided by law the Senatorial Districts numbered as follows: First District and be entitlThe Counties of Box Elder and Tooele shall constitute the ed to one senator District and be entitled to one senator The County of Cache shall constitute the Second Third District and be The Counties of Rich Morgan and Davis shall constitute the entitled to one senator be entitled to two The County of Weber shall constitute the Fourth District and senators the Fifth District and be entitl The Counties of Summit and Wasatch shall constitute ed to one senator The County of Salt Lake shall constitute the Sixth District and be entitled to five senators ( The County of Utah shall constitute the Seventh District and be entitled to two senators The Counties of Juab and Millard shall constitute the Eighth District and be entitled to one senator The County of San Pete shall constitute the Ninth District and be entitled to one senator The Counties of Sevier Wayne Piute and Garfield shall constitute the Tenth District and be entitled to one senator The Counties of Beaver Iron Washington and Kane shall constitute the Eleventh District and be entitled to one senator The Counties of Emery Carbon Uintah Grand and San Juan shall constitute the Twelfth District and be entitled to one senator All Institutions and other property of the Territory upon the Article XIX Sec adoption of this Constitution shall become the Institutions and property of the State of Utah Article XIX Sec 2 Reformatory and Penal Institutions and those for the benefit of the Insane Blind Deaf and Dumbe and such other institutions as the public good may require shall be established and supported by the State in such manner and boards of control as may be prescribed by law Article XIX Sec 3 The Public Institutions of the State are hereby permanently located at the places hereinafter named each to have the lands specifically granted to it by the United States in the Act of Congress approved July 16 1894 to be disposed of and used in such manner as the legislature may provide: First: The Seat of Government and the State Fair at Salt Lake City Second: All other institutions of the State to be located at such places as the legislature may provide except as otherwise specifically set forth in this constitution COMPLETE TEXT OF INITIATIVE A TAX AND SPENDING LIMITATIONS (The People’s Tax and Spending Limitation Amendments) AN ACT LIMITING RESIDENTIAL PROPERTY TAXES TO 34 OF FAIR MARKET VALUE AND ALL OTHER PROPERTY TAXES TO OF FAIR MARKET VALUE EXEMPTING CERTAIN TAXES LEVIED FOR PAYMENT OF LEGALLY INCURRED INDEBTEDNESS FROM THE LIMITATION PLACING LIMITATIONS ON STATE GOVERNMENT APPROPRIATIONS AND REVENUE AND UPON THE TAXING AUTHORITY OF LOCAL GOVERNMENTAL UNITS BASED UPON CHANGES IN UTAH PERSONAL INCOME AND THE POPULATION OF UNITS OF GOVERNMENT REQUIRING A VOTE OF THE PEOPLE TO IMPOSE NEW TAXES AND INCREASES IN TAXES OTHER THAN PROPERTY TAX BY LOCAL UNITS OF GOVERNMENT AND REQUIRING THE DEPARTMENT OF EMPLOYMENT SECURITY TO ADOPT PERSONAL INCOME AND POPULATION FIGURES FOR IMPLEMENTATION OF REVENUE AND APPROPRIATIONS LIMITATIONS BE IT ENACTED BY THE PEOPLE OF THE STATE OF UTAH: SECTION I Section Utah Code Annotated 1953 as enacted by Chapter 197 Laws of Utah 1979 and renumbered by Chapter 2 Laws of Utah 1987 is repealed and to read: PURPOSE OF ACT It is the purpose of this Chapter to place limitations on state government appropriations and revenue and upon the taxing authority of local governmental units based upon changes in Utah personal income and the population of units of government The limitations imposed by this chapter shall be in addition to limitations on tax levies rates and revenue otherwise provided for by law SECTION 2 Section Utah Code Annotated 1953 as last amended by Chapters 21 and 47 Laws of Utah 1985 and renumbered by Chapter 2 Laws of Utah 1987 is repealed and to read: DEFINITIONS As used in this chapter: (1) "Local governmental unit" means any city town county school district special district or any other political subdivision of the state (2) "Unit of government" means the state of a local governmental unit (3) "Legislative body" means the Legislature or the governing body of a local governmental unit means the total personal income of the state as measured and (4) "Personal income” estimated by the Department of Employment Security By September of each year the Department of Employment Security shall adopt final estimates of personal income (5) "Population" means the number of residents of the state or local governmental unit but in respect to school district "population" means the number of students in average daily membership "Population" of special districts or special improvement districts shall be determined by the county in which the district is located or in the case of districts encompassing more than one county by the most populous county within the district "Population” of all other units of government shall be estimated by the Departschool districts ment of Employment Security By September of each year the respective and counties and the Department of Employment Security shall adopt final population estimates (6) "Per capita personal income" means the result obtained for the state by dividing personal income of the state by the state's population as pursuant to Subsections (4) and (5) means an extraordinary occurrence requiring unanticipated and (7) "Fiscal emergency" immediate expenditure to preserve the health and safety of the people (8) "Appropriation" means appropriation or budget whichever is appropriate (9) "Revenue" means the revenue of the unit of government from every tax penalty receipt and other monetary exaction and interest connected with it except as specifically exempted by this chapter (10) "Security" means any bond note warrant or other evidence of indebtedness whether or not such bond note warrant or other evidence of indebtedness is or constitutes an "indebtedness" within the meaning of any provision of the Constitution or laws of the state of Utah Section SECTION Utah Code Annotated 1953 as enacted by Chapter Laws of Utah 1979 and renumbered by Chapter 2 Laws of Utah 1987 is repealed to read: STATE APPROPRIATIONS FOR CALCULATION There is established a state appropriations limit for each fiscal year beginning after June 30 1988 For each of these fiscal years the annual legislative appropriations for this state its agencies departments and institutions shall not exceed that sum determined by the following formula in which "R" equals the most recent year’s personal income for the state "P" equals the prior year’s personal income for the state and "A" equals the prior year’s appropriation for the state its agencies departments and institutions as adjusted by the exemptions provided in section A maximum appropriations A85 P The recommendations and budget analysis prepared by the Office of Legislative Fiscal Analyst as required by Chapter 12 of Title 36 shall be strictly in compliance with the limitations imposed by this Chapter SECTION 4 Section Utah Code Annotated 1953 as enacted by Chapter 197 Laws of Utah 1979 and renumbered by Chapter 2 Laws of Utah 1987 is repealed and to read: FOR LOCAL GOVERNMENTAL NIT REVENUE CALCULATION There is established a revenue limit for local governmental units for each fiscal year beginning after December 31 1988 For each of these fiscal years revenues of each local governmental unit shall not ceed the sum determined by the following formula in which "R” equals the current year's per capita personal income of the state "P" equals the prior year’s per capita personal income of the state "A" equals the prior year’s revenue limit of the local governmental unit as adjusted by the exemption provided in section except for the first year in which the limitation applies to a local governmental unit "A" equals the prior year’s total revenue for the local governmental unit as adjusted by the exemptions provided for in section "X" equals the current year's population of the local governmental unit and "Y” equals the prior year’s population of the local governmental unit: AX maximum revenues A90(R-1Y P Utah Code Annotated 1953 is enacted to read: SECTION 5 Section PROPERTY TAX LIMITATION ON STATE AND LOCAL GOVERNMENTAL UNITS There is established a maximum ad valorem tax on any property in of one percent of the fair market the State of Utah not to exceed and one percent (1) of value of residential property as defined in Section the fair market value of property other than residential property The tax shall be lected and apportioned as provided by law The limitation provided for in this section of principal and interest on legally issued shall not apply to taxes levied for the payment bonds notes leases or other indebtedness incurred prior to the passage of this act or incurred after the passage of this act with approval of a majority of the qualified electors voting thereon at a general election Utah Code Annotated 1953 is enacted to read: SECTION 6 Section TAX INCREASES OTHER THAN AD VALOREM TAXES REQUIRED TO BE SUBMITTED TO BALLOT OF ELECTORS New taxes and increases in the rates of any valorem taxes of any political subdivision of the state must be approved by a majority of the qualified electors thereof voting at an election called for such purpose in accordance with so far as applicable provisions of the Municipal Bond Act for thru Section NOTE: See Utah Code Annotated 1953 Section complete act COMPLETE TEXT OF INITIATIVE B TAX REDUCTIONS (The People's Tax Reductioa Act) AN ACT REDUCING THE RATE OF STATE INCOME SALES MOTOR FUEL AND TOBACCO PRODUCTS TAXES TO 1986 LEVELS PROVIDING AN EFFECTIVE DATE BE IT ENACTED BY THE LEGISLATURE OR BY THE PEOPLE OF THE STATE OF UTAH: Utah Code Annotated 1953 as renumbered and amendSECTION Section to read: ed by Chapter 2 Laws of Utah 1987 is repealed and A tax is hereby imposed on the state taxable income as defined in Sections and of every resident individual determined: (1) In the case of every individual other than a husband and wife or head of household required to use the tax table set forth in Subsection (2) a tax in accordance with the following table: 197 and (34) i Tburs Sept 15 1988 - Page 13 USPS Millard County The tax is: If the state taxable income is: 2 of the state taxable income Not over $750 of excess over $750 $15 plus 3 Over $750 but not over $1500 of excess over $1500 $38 plus 4 Over $1500 but not over $2250 of excess over $2250 $68 plus 5 Over $2250 but not over $3000 of excess over $3000 $105 plus 6 Over $3000 but not over $3750 of excess over $3750 $150 plus 7 Over $3750 a head of a (2) In the case of a husband and wife filing a single return jointly or amendhousehold (as defined in section 2(b) Internal Revenue Code of 1954 as hereafter ed redesignated or filing single return a tax in accordance with the follow ing table: If the state taxable income is: Not over $1500 $1500 but not over $3000 Over $3000 but not over $4500 Over $4500 but not over $6000 Over $6000 but not over $7500 Over $7500 SECTION 148 and The lax is: of the state taxable income plus 3 of excess over $1500 of excess over $3000 $87 plus 4 of excess over $4500 $147 plus $222 plus 6 of excess over $6000 $312 plus 7 of excess over $7500 2 Section Utah Code Annotated 1953 as last amended by Chapter to read: Laws of Utah 1987 is repealed and (1) There is levied a tax on the purchaser for the amount paid or charged Over 221 2 $30 for the following: (a) retail sales of tangible personal property made within the state or telegraph corporations as defined carriers or to telephone (b) amount paid to common whether the corporations are municipally or privately owned for all by Section transportation telephone service or telegraph service heat coal fuel oil or other fuels sold or furnished for commer (c) gas electricity cial consumption for residential use heat coal fuel oil or other fuels sold or furnished (d) gas electricity sold (e) meals to any place of amusement entertainment or recreation including seats or otherwise and other similar accommodations for repairs or renovations of tangible personal property or services to personal property in connection with other tangible personal property or washing of tangible personal property (h) cleaning or trailer court accommodations and services for less (i) tourist home hotel motel than 30 consecutive days 0) laundry and dry cleaning services (k) leases and rentals of tangible personal property if the property situs is in this state if the lessee took possession in this state or if the property is stored used or otherwise consumed in this state and tangible personal property stored used or consumed in this state (1) shall be: (2) Except for subsection (1) (d) the rates of the tax levied under Subsection 1986 through December 31 1989 and from July (a) 1990 from and after January (b) (3) The rates of the tax levied under Subsection (1) (d) shall be: 31 1989 and 1986 through December from July (a) 1990 from and after January (b) as last amended SECTION Section by Chapter 63 and 139 Laws of Utah 1987 is repealed to read: and (1) A tax is imposed at the rate of 14 cents per gallon upon all motor fuel that is sold used or received for sale or use in this state (2) No tax is imposed upon: (a) motor fuel which is brought into and sold in this state in original packages as pure ly interstate commerce sales (b) motor fuel which is exported from this state if proof of actual exportation on is made within 180 days after exportation The comforms prescribed by the commission mission may either collect no tax or upon application refund the tax paid (c) motor fuel which is sold to the United States this state or the political subdivisions of this state where sale and delivery is made in quantities of 750 gallons or more or (d) motor fuel or components of motor fuel which is sold and used in this state and distilled from coal oil shale rock asphalt bituminous sand or solid hydrocarbons located in this state received by the commission under this part shall be deposited daily (3) All revenue with the state treasurer and credited to the Transportation Fund All of the state's crease of such revenue under this part shall be used for the reconstruction and repair of highways roads and streets An appropriation from the Transportation Fund shall be made to the commission to cover expenses incurred in the administration and enforcement of this part and the collection of the motor fuel tax of Finance shall place an amount equal to the amount received from (4) The Division the sale or use of motor fuel used in motorboats registered under the provisions of the State Boating Act as determined by the commission as restricted revenue account in the General Fund of the state The funds from this account shall be used for the construction improvement operation and maintenance of boating facilities and for the payment of the costs and expenses of the Division of Parks and Recreation in administering and enforcing the State Boating Act Vehicle (5) (a) The State Tax Commission shall refund annually into the in the General Fund an amount equal to the lesser of the following: (i) 3 Account or (ii) $250000 of the motor fuel tax revenues collected under Section (b) This amount shall be used as provided in Section as last amended by Chapter 139 Laws of Utah 1987 4 Section SECTION is repealed to read: and (1) A tax is imposed at the rate of 14 cents per gallon on the sale or use of special fuel (2) No tax is imposed upon special fuel which: (a) is sold or used for any purpose other than to operate or propel a motor vehicle upon the public highways of the state but this exemption applies only in those cases where the purchases or the users of special fuel establish to the satisfaction of the commission that the special fuel was used for purposes other than to operate a motor vehicle upon the public highways of the state r ilU (b) is sold to the United States Government or any of its instrumentaliti' state or any of its political subdivisions or (c) is sold and delivered into a motor vehicle for which the owner or operator possess or issued that owner fuel tax certificate to an unexpired operator by exemption special for vehicles powered by certain special as provided in Section the commission admission and tables reserved (g) services stall tangible fuels in all cases where the special fuel tax shall be paid by the the state and delivered directly into the fuel supply tank of a motor the motor vehicle has a current special fuel permit or a special fuel exempin all other cases the tax and permit as provided in Sections be paid by the user of the special fuel and shall be computed on the amount of used which shall be calculated from the average number of miles per gallon obtain (3) The special fuel is sold within vehicle tion shall fuel unless ed by the user’s vehicles (4) All revenue received by the commission form taxes and license fees under this part shall be deposited daily with the state treasurer and credited to the Transportation Fund All of the state’s increase of such revenue under this part shall be used for the reconstruc- roads and streets An appropriation from the Transportaand repair of highways Fund shall be made to the commission to cover expenses incurred in the administraand enforcement of this part and the collection of the special fuel tax Utah Code Annotated 1953 as renumbered and amendSection SECTION ed by Chapter 2 and 79 Laws of Utah 1987 is repealed and to read in the state (1) There is levied a tax upon the sale use or storage of cigarettes The rates of the tax levied under Subsection (1) are: for all cigarettes weighing not more than three pounds (a) 6 cents on each cigarette per thousand cigarettes and in excess ol three pounds per (b) 12 cents on each cigarette tor all cigarettes weighing thousand cigarettes (2) The tax levied under Subsection (1) shall be paid b the manufacturer jobber user or consumer distributor wholesale retailer in this section shall be increased by the State Tax Commis(3) The tax rates specified sion by the same amount as any future reduction in the federal excise tax on cigarettes 1989 SECTION 6 This act shall take effect on December COMPLETE TEXT OF INITIATIVE C INCOME TAX CREDIT FOR PRIVATE EDI CAT ION Choice in Lducation Art) (The Utah Family INCOME AN ACT PROVIDING PARENTS A LIMITED TAX CREDIT AGAINST TAXES IMPOSED BY THE STATE OF UTAH FOR DEPENDENT CHILDREN FOR TUITION TEXTBOOKS AND TRANSPORTATION OF CHILDREN ATTENDING A PRIVATE SCHOOL BE IT ENACTED BY THE PEOPLE OF THF STATE OF UTAH SECTION This act shall be known and may be cited as "The U'ah Tainly Choice in Education Act" SECTION 2 It is the purpose of this act to provide parents the greatest opportunities and flexibility to secure for their children an education and it shall be presumed that To this end this the parents are best capable to decide what is best for their children act shall be liberally construed There is allowed to resident individuals as a credit against the income SECTION of taxes imposed by the State of Utah an amount paid to others not to exceed 50 the weighted pupil unit for the current school year for each dependent in kindergarten of the weighted pupil unit for the current school year for through grade six and 60 each dependent in grades seven through twelve for tuition textbooks and transportaother than tion of the dependent in attendance at an elementary or secondary school a public school located in Utah and which allows the dependent to fulfill the state’s school attendance law As used in this section (1) “textbooks" includes books compulsory and other instructional material and equipment used to teach only those subjects legally and commonly taught in public elementary and secondary schools but does not include books or instructional material and equipment used in teaching religious tenets doctrine or worship and (2) "transportation" does not include travel to extracurricular acmusical tivities such as sporting events or dramatic events speech activities driver’s education or similar programs A refund is allowed to the extent that the tax credit ceeds the income tax payable by an individual claimant for the taxable year 4 This act shall take effect at the beginning of the school year following SECTION tion tion tion passage Published in the Millard County Chronicle Progress Sept 15 1988 |