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Show THE SALT LAKE TIMES FRIDAY, SEPTEMBER 8, 1972 Statk of Utah OFFICE OF THE SECRETARY OF STATE Salt Lake Citt September 7, 1972 Dear Fellow Citizens : The Legislature of the State of Utah has entrusted me with the responsibility for publishing the following Propositions , which relate to changes in the Constitution of the State of Utah . In the beginning of the body of each Proposition we have set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on November 7, 1972. Because of the very serious nature of these Propositions which your State Legislature has caused to be placed before you, I urge that each of you study the text of the Propositions in fuU, I urge you to consult with your friends, neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. S::'.c?rcly, Sec. 7. No member of the during the term for which he was elected, be appointed or elected to any civil office of profit this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected. Sec. 8. Members of the Legislature, in all cases ex- cept treason, felony or breach of the peace, hall be priv-ileged from arrest during each session of the Legis lature. for fifteen days next preceding each session, and in returning therefrom; and for words used in any speech or debate in either house, they shall not be questioned in any other place. of Sea 9. The the Legislature shall receive compensation of $25 per 'diem while actually in ses-sion, expenses of $15 per diem while actually in nsum, and mileage as pro-vided by law. shall Sea 10. Each-houstbe the judge of the election and qualifications ofits mexxv bere, and may punish them for disorderly; conduct,: aid with the concurrence of of all members elected, expel a member for cause. ERATION OF THE STATE LEGISLATURE AND THE LEGISLATIVE BRANCH OF STATE GOVERNMENT, INCLUDING THE LAWMAKING RULES AND PROCEDURE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be it resolved by the Legislature of the Slate of Utah, of all members elected to each of the two houses voting in favor theretwo-thir- ds of: effect Sea Sessions of the Legislature shall be held an2. nually at the seat of government and shall begin on the second Monday in January. A general session shall be held during odd numbered years, and a budget session shall be held during years. Legislation not directly related to the state budget may be considered by the Legislature during budget sessions only if permitted by a joint resolution passed by of the members elected to each house. Sea 3. Hie members of the House of Representatives, after the first election, shall be chosen by the qualified voters of the respective representative districts, on the first Tuesday after the first Monday in November, even-number- ed two-thir- lly one-hal- j i , ; , two-thir- ds im-sha- ds Q miBdmAawnm, or malfea-und- er sance in office; but judgment in such cases Ha11 extend only to removal from office and disqualification to hold any office of honor, trust or profit in the States. The party, whether convicted or admitted, shall nevertheless, be liable to prosecution, trial duty (1) to provide for and punishment according to prompt and temporary suclaw. cession to the powers and Sec. 20. No person shall duties of public offices of be tried on impeachment, ubIam he shall have been served with a copy of the articles thereof, at least ten days before the trial, and service he shall after not exercise the duties of his office he 811811 have whatever nature and whether filled by election or apiioint-men- t, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt such measures as may be necessary and proper for insuring the continuity of governmental operations including, but not limited to, the financing thereof; but subsections 1 sh i1 and 2 of this section shall not permit the public officers so appointed to act or the measures so adopted to be in 9 . contravention of the Consti- . tution and applicable law. Sea 3L For attendance at 4 ds . . sact-business- ? fSP-SfjW- : Section 1. It thereto amend Article VI of the 1896, and Constitution of the State of after. Their term of office shall be two years, from the Utah to read: first day of January next Sea 1. The Legislative after their election. power of the State snail be vested: Sea 4. The senators shall L In a Senate and House be chosen by the qualified of Representatives which voters of the respective senshall be designated the Leg- atorial districts, at the same islature of the State of Utah. times and places as members 2. In the people of the of the House of RepresentaState of Utah, as hereinafter tives, and their term of office shall be four years from the stated: The legal voters or such first daya of January next fractional part thereof, of after their election and as f as may be the State of Utah as may be nearly shall be elected practicable provided by law, under such in biennium each as the Legconditions and in such manshall islature determine by ner and within such time each law with apportionas may be provided by law, may initiate any desired leg-- ment. islation and cause the same Sec. 5. No person shall be to be submitted to a vote of eligible to the office of senthe people for approval or ator or representative who as rejection, or may require of the last date provided by any law passed by the Legis- law for filing for the office lature (except those laws is not a citizen of the United vote States, twenty-fiv- e passed by a years of of the members elected to age, a qualified voter in the each house of the Legisla- district from which he is ture) to be submitted to the chosen, a resident for three voters of the State before years of the State, and for such law shall take effect. six months of the district The legal voters or such from which he is elected. fractional part thereof as Sea 6. No person holding be of may any public office of profit or provided by law, trust under authority of the subdivision the of any legal State, under such conditions United States, or of this and in such manner and State, shall be a member of within such time as may be the Legislature: Provided, the provided' by law, may initiate That appointments in offices and the desired any legislation and State Militia, cause the same to be sub- of notary public, justice of mitted to a vote of the people the peace. United States of said legal subdivision for commissioner, and postmasapproval or rejection, or may ter of the fourth class, shall require any law or ordinance not, within the meaning of passed by the law making this section, be considered body of said legal subdivi offices of profit or trust. is proposed cers, except justices of the peace, hall be liable to peachment for high crimes, been acquitted, Sea 21. All officers not liable to impeachment shall be removed for any of the offenses specified in this article, in such . manner as may be provided by law. Sea 22. Every bill shall be read by title three sep- ante times in each house in cases where two-o- f the house where such bffl is pending suspend thki :i requirement Except general ? appropriation bills ' Sea IL A' majority'bf.fbe and hifla for the codification members of each house aiKnai1,w?slon passed con- constitute a quorum to tran-- no but a smaller mmabe may ? adjourn front ?. day, and may compel' day toattendance the'f al absent shall be by yeas members in such manner and sm811 W118 entered nays upon the under such penalties as each of the house may prescribe. which the vote ochouse in See. 12. Each house shall curs. No bill or joint resodetermine the rules of its lution shall be passed except proceedings .and choose its with the assent of the maown officers and employees. jority of all the members Sea 13, Vacancies that elected to each house of the may occur in either house of Legislature. the legislature shall be filled Sea 23. Notwithstanding in such manner as may be any provision of this Constiprovided by law. the Legislature in tution, . Sea 14- - Each bouse, shall imposing income its of a define the amount prokeep journal tarns, may ceedings, which, except in on, in respect to, or by which case of executive sessions, the taxes are imposed or shall be published, and the measured, by reference to yeas and nays on any ques- - any provision of the laws of tion, at the request of five the United States as the members of such house, shall same may be or become e entered upon the jouroaL fective at any time or from Sea 15. All sessions of the time to time and may exemptions or modi- except those of the Senate while sitting in cations to any. such session, shall be V1S1011- Sea 24. The presiding offipublic; and neither house, without the consent of the cer of each house, not later other, shall adjourn for more than five days following ad than three days, nor to any, joumment, snail sign all bills other place than that in i and joint resolutions passed which it may be holding ) fay the Legislature, certifying to their accuracy and auth- session. 88 Sea 16. No general see-Legislature, shall of the Legislature non Sea 25. All acts shall be exceed sixty calendar days. cases of in officially published, and no impeachexcept ment. No budget session act shall take effect until shall exceed twenty calendar sixty days after the adjourndays, except in cases of im- ment of the session at which peachment. No special ses- it passed, unless the Legission shall exceed thirty cal- lature by a vote of endar days, except in cases of all the members elected to of impeachment. When any each house, shall otherwise session of the Legislature direct. Sec. 26. No private or spetrying cases of impeachment exceeds the number of cal- cial law shall be enacted endar 'days it may remain where a general law can be in session as provided in this applicable. section, the members shall Sea 27. The receive for compensation shall not authorizeLegislature any game only the usual per diem ex- - of chance, lottery or gift en penses and mileage. terprise under any pretense Sea 17. The House of or for any purpose. Representatives shall have Sea 28. The the sole power of impeach- - 8hall not delegate Legislature t, to any but in order to lm-- cial commission, private of all the or association, any members elected must vote poration to make, supervise or power therefor. interfere with any municipal Sec. 18. All impeachments improvement, money, propshall be tried by the Senate, erty or effects, whether held and Senators, when sitting in trust or otherwise, to levy for that purpose, shall take taxes, to select a cr'M site, oath or make affirmation to or to perform any i Icipal do justice according to the functions, law and the evidence. When Sec. 29. The Legislafu. a the Governor is on trial, the shall not authorize the State, Chief Justice of the Supreme or any county, city, town. Court shall preside. No per-- township, district or other son shall be convicted withof the State to subdivision out the concurrence of lend its credit or of the senators elected. subscribe to stock or bonds Sea 19. The Governor and in aid of any railroad, tab- two-thir- sion to be submitted ' to the voters thereof before such law or ordinance shall graph or other private individual or corporate enterprise or undertaking. Sea 30. Notwithstanding any general or special provisions of the Constitution, the Legislature in order to insure continuity of state and local government operations in periods of emergency resulting from disaster caused by enemy attack shall have the power and immediate offi-Legislatu- re, e T PROPOSITION NO. 1 LEGISLATIVE ARTICLE REVISION SHALL ARTICLE VI OF THE STATE CONSTITUTION BE REVISED TO MAKE CHANGES IN THE PROCEDURE AND MANNER OF OP- other State and Judicial 1 v CLYDE L. MILLER Secretary of State Page Seven S . . any-law- ef-b- pre-Legislatu- pro-execut- -- ive a1 two-thir- ds spe-men- cor-peac- two-thir- ds two-thir- ds li, -- meetings of interim committees established by law to function between legislative sessions, members of the Legislature .shall receive additional per diem compensation and mileage at a rate not to exceed that provided in thin Constitution for regular legislative sessions. Sea 32. The Legislature may appoint temporary or permanent nonmember employees for work during and between sessions, including independent legal counsel which shall provide and control all legal services for the Legislature except as the Legislature by law shall authorize performance thereof by the attorney general. Sea 33. The Legislature shall appoint a legislative au-- 1 ditor to serve at its pleasure. The legislative auditor shall have authority to conduct audits of any funds, functions, and accounts in any branch, department, agency or political subdivision of this state and shall perform such other related duties as may be prescribed by the Legislature. He shall report to and be answerable only to the Legislature. Section 2. SJ.R. No. II passed at the General Session of the 39th Legislature on March 11, 1971, is hereby repealed and withdrawn in its entirety from the next general Section, and the 3ec retary of state in lieu of it 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 lftTOTa PROPOSITION NO. 2 RESTRICTING BAIL IN CERTAIN FELONY CASES SHALL SECTION 8 OF ARTICLE I OF THE STATE CONSTITUTION BE AMENDED TO PROVIDE THAT PERSONS SHALL NOT BE BAILABLE WHEN ACCUSED OF A FELONY WHILE ON PROBATION OR PAROLE, OR WHILE FREE ON BAIL AWAITING TRIAL ON A PREVIOUS FELONY CHARGE, WHERE THE PROOF IS EVIDENT OR THE PRESUMPTION STRONG. Be it resolved by 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.ion 8 of the Constitution of the State of Utah to read: Sea 8. All prisoners shall be bailable by sufficient sur two-thir- ds ' eties, except for c. . .1 fenses when the p.u.j is of- evi- dent or the presumption strong or where a person is accused of the commission of a felony while on probation or parole, or while free on bail awaiting trial on a pre--: vious felony charge, and; where the proof is evident or the presumption strong. Section 2. The Secretary of State is directed to submit this proposed amendment to. tiie electors of the State of Utah at the next general elec- -' tion in the manner provided by law. Section 3. If adopted by the electors of this state, this amendment shall take effect) on January 1, 1973. PROPOSITION NO. 3 CITY SCHOOL SYSTEMS SHALL SECTION 6 CF ARTICLE X OF THU STATE CONSTITUTION BE REPEALED, REMOVING THE MANDATORY REQUIREMENT THAT CITIES OF THU FIRST AND SECOND CLASS HAVE THEIR : J OWN SCHOOL DIS- TRICT. Be it resolved by the Legislature of the State of Utah,' of all members elected to each of the two houses voting in favor theretwo-thir- ds , of: Section L It is proposed! to repeal Section 6 of Article; X of the Constitution of the! State of Utah. Section 2. r ? secretary of state is dirc:l?d to submit this proposed repeal to the electors of the State of Utah at the next general election; in the manner provided by; taw. Section 3. If adopted by the electors of this state, thisj repeal shall take effect uary Jan-- , 1, 1973. PROPOSITION NO. 4 PERMITTING ALTERNATIVE FORMS OF COUNTY GOVERNMENT SHALL SECTION 4 OF ARTICLE XI OF THU STATE CONSTITUTION: BE AMENDED TO PER-- ; MIT THE LEGISLATURE TO PRESCRIBE! ALTERNATIVE FORMS' OF COUNTY GOVERN-- 1 MENT FROM WHICH; COUNTIES MAY SELECT, SUBJECT TO REFERENDUM, THE FORM WHICH BEST! SERVES EACH COUN-- : TYS NEEDS. Be it resolved by the Leg-- , islature of the State of Utah, of all members j elected to each of the two houses voting in favor there- -' two-thir- ds of: Section 1. It is proposed! to amend Article XI, Sec-j tion 4 of the Constitution of the State of Utah to read: Sec. 4. The Legislature shall by general taw prescribe optional forms of county government and shall allow each county to select, subject to referendum in the manner provided by taw, the prescribed optional form which best serves its needs, and by general taws shall provide for precinct and' township organizations. Section 2. The secretary of state is directed to submit this proposed amendment to the electors of the State of Utah at the next general election in the manner pro vided by taw. Section 3. If adopted by; the electors of this state, tins amendment shall take effect on January 1( 1973. CLYDE U MILLED |