Show Proposed Changes in Utah's Utah Constitution I I STATE OF UTAH OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY August 30 1968 Dear Fellow Citizens The Legislature of the State of Utah has entrusted me with the responsibility for publishing publishing publishing pub pub- lishing the following Propositions which relate relate relate re re- late to changes in the Constitution of the State o of f Utah In the beginning of the body of each Proposition Proposition Proposition we have set forth the Ballot Title of the Proposition as it will vill appear on on the General Election Ballot on November 5 1968 Because of the very serious nature of these Propositions Propositions Propositions which your State Legislature has caused to be placed before you I urge that each of you study the text o of f the Propositions in full I 1 urge you to consult with your friends neighbors and local civic leaders in order that I you may gain all information necessary to render a just and wise Sincerely S CLYDE L. L MILLER Secretary of State PROPOSITION NO 1 LEGISLATIVE SESSIONS A J JOINT O 0 I N T RESOLUTION PROPOSING TO AMEND ARTICLE VI VI SECTION 2 AND SECTION 16 16 OF THE CONSTITUTION OF THE STATE OF UTAH RELATING TO THE TIME AND DURATION DURATION DURATION DURA DURA- TION OF SESSIONS OF THE LEGISLATURE Be it resolved by the Leg of the State of Utah two thirds two thirds of all members elected to each of the two houses voting in favor thereof thereof thereof there there- of Section 1 1 It is proposed to amend Article VI Section 2 and 16 of the Constitution of the State of Utah Utah- to read as follows Sec 2 Sessions of the Legislature legislature Leg leg- shall be held annually annually annually annu annu- ally at the seat of government and shall begin on the second Monday in January A general general general gen gen- eral session shall be held during during dur duro ing odd-numbered odd years and anda a budget session shall be held during even numbered years Legislation not directly related related re reo re- re to the state budget may be considered by the Legislature Legislature Legislature Legis Legis- lature during budget sessions only if permitted by a joint resolution p pas passed a s s sed e d by two two- thirds of the members elected to each house Sec 16 No general session of the Legislature shall exceed exceed exceed ex ex- sixty calendar days except except ex ex- in cases of impeachment No budget session shall exceed exceed exceed ex ex- ex- ex twenty calendar days ex except ept in cases of impeach- impeach ment No special session shall exceed thirty calendar days except in cases of im im- im- im When any sesSion session ses sion of the Legislature trying cases of impeachment exceeds exceeds ex ex- exceeds ex- ex the number of calendar days it may remain in session session session ses ses- sion as provided in in this sec sec- tion The members shall receive receive re reo re- re for compensation only the usual per diem expenses and mileage Sec 2 The Secretary of State is directed to submit this proposed amendment t to the electors of the State of Utah at the next general election election election elec elec- tion in the manner provided by law Sec 3 3 If adopted by the electors of this state this amendment shall take effect the first day of January 1969 PROPOSITION NO 2 COMPENSATION OF LEGISLATORS A J JOINT 0 I NT RESOLUTION N ND PROPOSING TO AMEND AMEN D ARTICLE VI VI SECTION N 9 OF THE CONSTITUTION CONSTITUTION CONSTITUTION TION OF THE ST STATE ATE OF UTAH RELATING TO COMPENSATION T TO TOBE TOBE 0 BE PAID TO MEMBERS MEMBER S OF THE LEGISLATURE E FOR THEIR SERVICES SERVICE AND THE PAYMENT T OF EXPENSE AN AND D TD MILEAGE ALLOW ALLOW- ANCES Be it resolved by the Legislature Legis Legislature lature of the State of Utah two thirds of all members member s elected to each of the tw two o houses voting in favor of Section 1 It is propose proposed d to amend Article VI Section t 0 9 of the Constitution of th the e State of Utah to read as follows follows fol fol- fol- fol lows Section 9 The members o othe of f the Legislature shall receive e compensation of 25 per dic diem m while actually in session expenses expenses expenses ex ex- of 15 per diem while actually in session and mileage mileage mile mile- age ago as provided by law Section 2 The Secretary of State is directed to submit this proposed amendment to t the electors of the state o of E Utah at the next general election elec dies tion in the manner provided provide d by law Section 3 3 If adopted b by y the electors of this state this thi s amendment shall take effect d don on January 1 1969 PROPOSITION NO 3 INVENTORY TAX REPEAL A J JOINT 0 I NT RESOLUTION N PROPOSING TO AMEND AMEN D ARTICLE XIII SECTION SEC SEC- TION 2 2 OF THE CONSTITUTION CON CON- OF THE STATE OF UTAH RELATING RE RE- LATING TO A AN N A AD I VALOREM T TAX A X EXEMPTION EX EX- EMPTION FOR TANGIBLE TAN TAN- GIBLE PERSONAL i PROPERTY CONSTITUTING INVENTORY INVENTOR Y YE AND HELD FOR SAL SALE E IN THE 0 ORDINARY R DIN A R Y COURSE OF BUSINESS Be it resolved by the Legislature Legis Legis- lature of the State of Utah two thirds of all members member s elected to each of the tw two o houses voting in favor thereof thereof thereof there there- of Section 1 It is proposed to amend Article XIII Section Section Section Sec Sec- tion 2 of the Constitution of the State of Utah to read as follows Section 2 2 All tan tangible g i b I e property in the state not exempt exempt ex ex- exempt empt under the laws of the United States or under this constitution shall ahall be taxed in proportion to its value to be ascertained as provided by bylaw law law- The property of the state counties cities towns s school c h o 0 o 0 l I districts municipal corporations and public libraries li libraries libraries li- li li- li lots with the buildings buildings buildings build build- ings thereon used exclusively for either religious worship or charitable purposes and places of burial not held or used for private or corporate b benefit shall be exempt from taxation Tangible personal property present in Utah on January 1 I m. m which is held for Cor sale or processing and which is shipped to final destination destination des des- outside this s state t tat a t e within twelve months may be deemed by law to have acquired acquired acquired ac ac- no situs sius in Utah for purposes of ad valorem property property property prop prop- erty taxation and may be exempted exempted exempted ex ex- empted by law from Crom such taxation whether manufactured manufactured manufactured processed or produced or otherwise originating within within with with- in or without the state Tangible Tangible Tangible Tan Tan- gible personal property present present present pres pres- ent in Utah on January 1 I m. m held for Cor sale in the ordinary course of business and which constitutes the inventory of any retailer or wholesaler or manufacturer or farmer or livestock raiser may maybe be deemed deemed deem deem- ed for Cor purposes of ad valorem p pro property r o p per e r t y taxation to be exempted Water r rig rights i g h t s ditches c can canals a n a l Is s reservoirs power plants p pumping u m pin g gp p plants I ant s transmission lines pipes and flumes owned and used by individuals or corporations corporations corporations cor cor- for irrigating land within the state owned by such individuals or corporations corporations corpora- corpora lions or the individual members members mem mum bers burs thereof shall not be separately taxed so long as they shall be owned and used exclusively for such purposes Power p plants l I a ant n t s power transmission lines and other property used for generating generating geng gen gen- crating and delivering electrical elec tricot power a portion of which is is used for furnishing power for pumping water for irrigation purposes on lands in the state of Utah may be exempted from taxation to the extent that such property is used for such purposes These exemptions shall accrue accrue accrue ac ac- crue to the benefit it of the users of water so pumped under such regulations as the legislature may prescribe The taxes of the indigent poor may maybe be remitted or abated abated abat abat- ed at such times and in such manner as may be provided by law The legislature may provide for the exemption f fro from r o m taxation of homes homesteads and p per personal e r s son o n a l I property not to exceed 2000 in value for homes homesteads homesteads home home- and all household furnishings furnishings furnishings fur fur- fur furniture nit u r e and equipment used exclusively by the owner thereof at nt his place of abode in maintaining ining a home for Cor himself and fam fam- ily Property not to exceed in value owned by disabled disabled dis dis- persons who served in any war in the military service ice of the United States or of the state of Utah and by the unmarried widows and minor orphans of such disabled dis dis- persons or of persons who while serving in the military military mili mile tary service of the United States or the state of Utah were killed in action or died as a result of such service may be exempted as the legislature leg leg- may provide The legislature shall provide pro vide by law for an annual tax sufficient with other sources of revenue to defray the estimated estimated estimated esti esti- mated ordinary expenses of the state for each fiscal year For the For the purpose of paying the state debt if any there be the legislature shall provide for levying a tax annually sufficient to pay the annual interest and to pay the principal principal principal prin prin- cipal of such debt within twenty years from the final passage of the law creating the debt Section 2 The Secretary of State is directed to submit this proposed amendment to the electors of oC the state of Utah at the next general election election elec elec- tion in the manner provided by law Section 3 If adopted by bythe bythe bythe the electors of this state this amendment shall take effect the first day of January 1969 PROPOSITION NO 4 AGRICULTURE LAND TAXATION A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND AMEN D i ARTICLE XIII SECTION SECTION SEC SEC- SECTION TION 3 OF THE CONSTITUTION CONSTITUTION CONSTITUTION OF THE STATE OF UTAH TO PROVIDE THAT ALL LAND DESIGNATED DESIGNATED DESIGNATED DES DES- FOR A AGRI AGRICULTURAL G R I CULTURAL USE MAYBE MAY MAYBE MAYBE S BE ASSESSED FOR ALL AL L TAX PURPOSES 0 ON N T THE H E CONSIDERATION OF ONLY THOSE FA FACTORS FACTORS FAC FAC- C TORS RELATIVE T TSUCH TO 0 i SUCH AGRICULTURAL USE Be it resolved by the Legislature Legislature Legislature Legis Legis- lature of the State of Utah two two thirds thirds of all members member s elected to each of the two houses voting in favor thereof thereof thereof there there- of Section 1 1 It is propose proposed d to amend Article XIII Section Section Section Sec Sec- tion 3 of the Constitution o othe of f the State of Utah to read a as ns s follows Section 3 The Legislature shall provide by law a uniform uniform uni uni- uni form and equal rate of assessment assessment assessment assess assess- ment and taxation on all tangible tangible tangible tan tan- gible property in the State according to its value in money and shall prescribe by law such regulations as shall secure a just valuation for taxation of such property so that every person and corporation corporation corporation cor cor- shall pay a tax in proportion to the value of his her or its tangible property provided that the Legislature may determine the manner and extent of taxing transient livestock and livestock bring being fed for slaughter to he used for h hum u m a n consumption Land used for agricultural purposes may as the Legis lature prescribes he be assessed according to its value for agricultural use without regard regard regard re re- re- re gard to the value it may have for Cor other purposes Intangible ble property may be exempted exempt exempt- ed from taxation as property or it may be taxed in such manner and to such extent as the Legislature may pro pro- vide Provided that if intangible intangible gible property be taxed a as property the rate thereof shall not exceed five mills one on one e each a c h dollar of valuation When exempted from taxation taxation taxation taxa taxa- tion as property the taxable income shall be taxed under any tax based on incomes but when taxed by the State of Utah as property property property prop prop- erty the income shall not also be taxed The Legislature may provide for deductions exemptions andor and or offsets on any tax based upon income The personal income tax rates shall be graduated but the maximum rate shall not exceed six per per- percent percent cent of net income No excise tax rate based upon income shall exceed four percent of net income The rate limitations limitations limitations limita limita- herein contained for Cor taxes based on income and for taxes on intangible property shall be effective until Janu Janu- ary 1 I 1937 and thereafter until changed by law by a vote of the majority of the members elected to each house of the Legislature All revenue received from taxes on income or from taxes on intangible property shall be allocated to the support S of the public school system as defined in Article X Section 2 of this Constitution Section 2 The Secretary of State is directed to submit submit sub sub- mit this proposed amendment to the electors of the State of Utah at the next general election election elec elec- tion in the manner provided by law S Section 3 If adopted b the electors of this state this it amendment shall take effect on January 1 1969 PROPOSITION NO 5 MANDATORY RETIREMENT OF JUDGES A J 0 OIN I N NT T RESOLUTION PROPOSING TO AMEND ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF UTAH BY THE ADDITION OF SECTION 28 AUTHORIZING AUTHORIZING AUTHOR AUTHOR- IZING THE LEGISLATURE LEGISLA LEGISLA- T TURE U R E T TO O PROVIDEN PROVIDE FOR THE MANDATORY RETIREMENT AND FOR REMOVAL AL OF JUDGES FROM OFFICE Be it resolved by y y the Legis lature of the State of Utah two thirds of all members elected to each of the two houses voting in favor thereof thereof theres there there- of Section 1 It is proposed to amend Article VIII of the Constitution of the State of Utah by the addition of Section Sec Sec- tion lion 28 to read Section 28 The Legislature Legisla Legisla- ture tore may provide uniform standards for mandatory retirement retirement re re- re- re and for removal of judges from Crom office Legislation Legislation Legisla Legisla- tion implementing this sec ec- ec tion shall be he applicable only to conduct occurring subsequent subsequent quent to the effective date of such legislation Any determination determination determination deter deter- requiring the retirement retirement retirement retire retire- ment or removal of a judge from off office le shall he ho subject to review as to both law and facts by the Supreme Court This section is additional to and md cumulative with the methods of removal of jus us tices and judges provide provided provide Jus in Sections Section II Il and md 27 of this thi Article Artil Section 2 2 The Cho Secretary of State is is directed to submit this proposed amendment to the electors of the the- state at the next general election in the manner provided by law Section 3 This amendment amend amend- ment shall hall take effect on al ap by hy t the tho h el electors of the state I CLYDE L. L MILLER Secretary Sec Sec- of State of the State of Utah DO HEREBY CERTIFY CERTIFY that the foregoing is a at I full true and correct of t the h copy e constitutional amendments amendments amend amend- ments proposed by the regular regular regu regu- lar session of oC the Thirty Sev Legislature 1967 and by the Second Special SesSion Session Ses Ses- sion held in in 1966 as appears on record in my office IN WITNESS WHEREOF WHERE WHERE- OF I have her hereunto unto set my hand and affixed the Great |