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Show -- Die Gunnison Valiev News he Salina Sun Wednesdnv. Sept COMPLETE TEXT OF PROPOSITION NO. BAIL AMENDMENT id 12S 1 A JOINT RESOLimONOF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; RELATING TO BAIL; SUBSTITUTING THIS RESOLUTION FOR A RESOLUTION PASSED AT THE 1988 GENERAL SESSION OF THE 47TH LEGISLATURE; AND PROVIDING AS EFFECTIVE DATE. THIS RESOLUTION REPEALS AND WITHDRAWS ENROLLED COPY S.J.R. NO. 3 PASSED ATTHE 1988 GENERAL SESSION OF THE47TH LEGISLATURE AND REPLACES IT WITH THIS RESOLUTION, AND PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS: rowwif' The County of Utah shall consti'niv me Eleventh Representative Disimt, and be entitled to one representative The County of Uintah shall consi sts To ih p'esentave District, and be entitled to one representative The County of Juab shall constitute tlie 1 tit hi. 'resentative District, and be entitled to one representative. The County of San Pete shall constitute the loti,. xcntati: District, and be entitled to two representatives. the Fifteenth Rep. . TheCountyofCarbonshallconst-uitand be entitled to one representative. The County of Emery shallconstitutetheSixteenthRepresc.. s, and be entitled to one representative. The County of Grand shall constitute the Seventeenth Repo. District, and be entitled to one representative. The County of Sevier shall constitute the Eighteenth Reproro . District, and be entitled to one The County of Millard shall constitute the Nineteenth Representative District, and be entitled to one representative. The County of Beaver shall constitute the Twentieth Representative and be entitled to one representative. The County of Piute shall constitute the Twenty-firs- t Representative District, and be entitled to one representative. The County of Wayne shall constitute the Twenty-secon- d Representative District, and be entitled to one representative. The County of Garfield shall constitute the Twenty third Representative District, and be entitled to one representative. The County of Iron shall constitute the Twenty-fourt- h Representative District, and be entitled to one representative. The County of Washington shall constitute theTwenty-fiftRepresentative District, and be entitled to one representative. The County of Kane shall constitute the Twenty-sixtRepresentative District, and be entitled to one representative. The County of San Juan shall constitute the T Representative District, and be entitled to one representative. SENATORIAL DISTRICTS Until otherwise provided by law, the Senatorial Districts shall be constituted and numbered as follows: The Counties of Box Elder and Tooele shall constitute the First District, and be entitled to one senator. The County of Cache shall constitute the Second District, and be entitled to one senator. The Counties of Rich, Morgan, and Davis shall constitute the Third District, and be entitled to one senator. The County of Weber shall constitute the Fourth District, and be entitleu to two senators. The Counties of Summit and Wasatch shall constitute the Fifth District, and be entitled 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 untitled to two senators. The County 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 lie 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, Carhop., Uintah, Grand, and San Juan shall constitute the Twelfth District, and be entitled to one senator. repre.-.entative- AMENDS: ARTICLE 1. SEC. 8 s Be it resolved bv the Legislature of the state of Utah, elected to each of the two houses voting in favor thereof: of all members two-third- Section 1 . It is proposed Sec. 8.1) to amend Article All prisoners 1 , Sec. 8, Utah Constitution, to read: 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 presumption strong or where a person is accused of the commission 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, and where the proof is evident or the presumption strong when there is substantial evidence to support the new felony charge: or (cl persons charged with any other crime, desi gnated bv statute as one for which bail may be denied, if there is substantial evidence to support the charge and the court finds bv 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. (21 Persons convicted of a crime are bailable pendine appeal only as prescribed bv law. Section 2. Enrolled copy S. J.R. No. 3 passed at the 1988 General Session of the 47th Legislature is repealed and withdrawn in its entirety from the next eeneral election. Section 3. The lieutenant governor is directed to submit in lieu thereof this proposed amendment to the electors of the state of Utah at the next general election in the manner provided bv law. Section 4. If approved bv the electors of the state the amendment proposed bv this joint resolution shall take effect on January 1. 1989. 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. 1; ARTICLE XXH, SEC.l ENACTS: ARTICLE XXH, SEC. 3 RENUMBERS AND AMENDS: ARTICLE IX, SEC. 3 TO SEC. 2 REPEALS: ARTICLE EX, SEC. 2; ARTICLE IX, SEC. 4; ARTICLE XEX, SEC. 1; ARTICLE XIX, SEC. 2; ARTICLE XIX, SEC.3 l)n-tric- t, h h wenty-sevent- 10N.ITi.reis cs' tbiixhcd a state appropriations Emil for each fiscal year E.8X. Tor. ad- of mero fist al years the annual legislative yiu r . IVfcim ro: ti,., u,e, U agencies, departments, and institutions shall not i.nrois appropi the folio irg formula in which "R equals the euecd that sum dee. turned P equals the prior year s most re,, cm veais personal income for the state CL LA 1 - ,;- -g for personal income for the state, and 'A equals the prior years appropriation an institutions, as adjusted by Lite exemptions the state, its aeem:, departure! i 7 199 provided in sec ton 59 A .85 iR D- - - maximum appropriations Office of Legislative Tnr k coni a ei'data ns and budget analysts prepared by the be shall 36, incompliance 2 Title strictly of as F.scal Vnaly st, rcquued Ky Chapter A the nations imposed bv this Chapter. 1 Section 59 7 104, Utah Code Annotated 1953, as enacted by Laws of Utah Ch i97. Laws of Utah 1979, and renumbered by Chapter 2, to read: re ro'ed nd LIMIT-FOR- OC a.L GOVERNMENTAL UNIT REVENUE ro, r-There is established a revenue limit for local l. f'Oii 1988. eo. .ninent ti wins for each fisr.,1 year beginning after December 31, F iCi of i sc fiscal years e venues of each local governmental unit shall d the sum dc lento ns d by the f tlowing formula in which R equals the mucx. the prior year s current 'w ars jxrc 'pita ; ct ton tl lmo tie of the state, P equals the prior years revenue limit "A the of na! equals sc state, income pm per eapiu of the local gove- - tmen'al .'ml, as adjusted by the exemption provided in section 'cxrc,-- i f,r me firot year in which the limitation applies to a local total revenue for the local governmental unit, A equals the prior years the exemptions provided for in section is adjusted by am!, government.!1 X equals the current year's population of the local governmental unit, and "Y equals the prior xcer s population of the ltcal governmental unit: AX - maximuM revenues. A.9fR-l- ) 1N CT , 1. 1 t 1 1 CMTLHO. h Article XIX, Sec. 1. All Institutions and other property of the Territory, upon the adoption of this Constitution, shall become the Institutions and property of the State of Utah. hah Code Annotated 1953, is enacted to read: SECTION 5. Section 59 PROPERTY! AX LIMITATION ON STATE AND LOCAL GOVERNMENTAL UNI IS. There is established a maximum ad valorem tax on s of one percent (34) any property in the State of Ut th not to exceed and defined as in Section of the f air ntai Ket value of restuential property, one percent (1) of the fair market value of properly other than residential and apportioned as provided by law. The properly. The tax slid, be collected limitation (rovidtd lor in tins so. lion shall not apply to taxes levied for the issued bones, notes, leases or other pavmenl of piriTtciral urd inieresi on legally act or incurred after the passage of this the to inrured indebtedness passage prior of this au will, jppr ) al of a majority of the qualified electors voting thereon at ihrcc-fourlh- 3, a general election. 04 6, Utah Code Annotated 1953, is enacted to read: SFCTION 6 Section X INCKE ASKS O l'HER THAN AD VALOREM TAXES 59 1 New taxes REQUIR ED TO EE SI CM! ITED 0 BALLOT OF ELECTORS. subdivision non-aof d taxes valorem any political and increases in the r tes of any of die stax must be appr m-- by a majo, ity of the qualified electors thereof voting at an election (.tilled fur suJt purpose in accordance with, so far as applicable, provisions of the M mteipai T.o.d Act. 1 953, Section Note: Sec Uuh Code Annonird for the complete aut. thru Section COMPLETE TEXT OF INITIATIVE 1 12 B TAX REDUCTIONS (The Peoples fax. Reduction Act) THE RATE OF STATE INCOME, SALES, MOTOR AN ACT REDUCING Fl'EI , AND TOBACCO AN rFFF.CTIVF ROE! 'CTS TAXES TO 1986 LEVELS: PROVIDING 1 D VI L Article XIX, Sec. 2. Reformatory and Penal Institutions, and those Tir the benefit of the Insane, Blind, Deaf and Dumbo, and such other institutions as the public good may require, shall be established and supported by the S'ate in such manner, and under such boards of control as tray be prescribed by law. BE IT ENA Tiro ' Y THE FECI MATURE OR BY THE PEOPLE OFTHE STATE OF LI Al'.: SECTION l. Sv'ct.. ,l hi, Utah Code Annotated 1953, as renumbered and to read: amended by Chupie. 2, Laws U Utah 1987, is repealed and 59-0- - 1C4. A is hi ruby imposed on the state taxable income, as defined in ! Sections and 59 :( 12, of every resident individual, determined: (1) In the case o! every individual, other than a husband and wife or head of househol 1 required to its" the tax table set forth in Subsection (2), a tax in Gb'eaccordance with the 1 Be it resolved bv the Legislature of the state of Utah, elected to each of the two houses voting in favor thereof: of all members two-thir- Section 1 . It is proposed to amend Article IX, Sec. 1, Utah Constitution, to read: in the Congress of the United States shall be elected from the State at large on the T ucaday next after the first Monday in November; manner as may A.D. 1895, and thereafter at such times and place, be prescribed by law, When anew apportionment shall be made by Congress, At the session next following an enumeration made bv the authority of the United States, the Legislature shall divide the state into congressional, legislative. and other districts accordingly. Sec. 2. Owe representative Section 2. It is proposed to renumber Article IX, Sec. 3 to Article IX, SEc. 2, Utah Constitution, and amend, as renumbered, to read: and the House of Sec. 3 2iThe Senate shall consist of Representatives of forty five members. The Legislature may increase-thnumber of senators and representatives, but the senators shall never a in number, and the number of membership not to exceed thirty twen than shall twice nor less never be greater than three times the representatives number of senators. eighteen members-- , -- e Section 3. It is proposed to amend Article XXII, Sec. 1, Utah Constitution, to read: Sec. 1 . The Legislature shall provide by lw; statute for the selection by each head of a family, an exemption of a homestead, which may consist of one or more parcels of lands, together with the appurtenances and improvements thereon of the valueof at least fifteen hundred dollars , from sale on execution. Section 4. It is proposed to enact Article XXII, Sec. 3, Utah Constitution, to read: Sec. 3. The seat of sate government shall be at Salt Lake City. Section 5. It is proposed to repeal Article IX, Sec. 2, Article IX, Sec. 4, Article XEX, Sec. 1, Article XEX, Sec. 2 and Article XIX, Sec. 3, Utah Constitution. 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 bv law. Section 7. If approved bv the electors of the state, the amendment proposed bv this joint resolution shall take effect on January 1. 1989. 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 sessionnext 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. Until otherwise provided by law, representatives shall be apportioned among the several 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 County of Box Elder shall constitute the First Representative District, and be entitled to one representative. The County of Cache shall constitute the Second Representative District, and be entitled to three representatives. The County of Rich shall constitute the Fourth Representative District, and be entitled to four representatives. The County of Morgan shall constitute the Fifth Representative District, and be entitled 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 entitled to one representative. The County of Salt Lake shall constitute the Eighth Representative District, and be entitled to ten representatives. The County of Summit shall constitute the Ninth Representative District, and be entitled to one representative. The County of Wasatch shall constitute the Tenth Representative District, and be entitled to one representative. 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 die 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 'he State to be located at such places as the legislature may provide except as otherwise specifically set folh in litis constitution. t.-- 1 1 1 - fol'.-iw'n- Iflhe stale" taxable r. Not over $750 Over $750 but "('I over 5 i Over $1,590 but ever Over 2,250 Tut t. t oxer t hot.1 Over $3,009 tut not ovc-- $ V () Over $3,759 COMPLETE TEXT OF INITIATIVE A TAX AND SPENDING LIMITATIONS The lax is: 2 of the state taxable income $15, plus 3 of excess over $750 S3R, plus 4 of excess over $1,500 Sbti, plus 5 of excess over $2,250 3105, plus 6 of excess over $3,000 $150, plus 7 of excess over $3750 t (The Peoples Tax and Spending Limitation Amendments) AN ACT LIMITING RESIDENTIAL PROPERTY TAXES TO 34 OF FAIR MARKET VALUE AND ALL OTHER PROPERTY TAXES TO 1 OF FAIR MARKETVALUE, EXEMPTING CERTAIN TAXES LEVIED FOR PAYMENT OF LEGALLY INCURRED INDEBTEDNESS FROM THE LIMITATION, PLACING LIMITATIONS ON STA1E 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 GO V FROM ENT, REQUIRING A VOTE OF THE PEOPLE TO IMPOSE NEW TAXES AND INCREASES IN TAXES OTHER THAN PROPERTY TAX BY LOCAL UMTS OF GOVERN MENT, AND REQUIRING THE DEPARTMENT OF EMPLOYMENT SECURITY TO ADOPT PERSONAL INCOME AND POPULATION FIGURES FOR IMPLEMENTION OF REVENUE AND APPROPRIATIONS LIMITATIONS. BE IT ENACTED BY THE PEOPLE OF THE STATE OF UTAH: SECTION 1. 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 unitsof government. The limitations imposed by tit is 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 ether political subdivision of the state. (2) Unit of government means the state or a local governmental unit. (3) Legislative body" means the Legislatureorthe governing body of a local governmental unit (4) Personal income means the total personal income of the state as measured and estimated by the Department of Employment Security. By September 1 of each year, the Department of Employment Security shall adopt final estimates of personal income. means the number of residents of the state or local govern(5) Population mental unit, but in respect to school districts, population means the number of 2. students in average daily membership. Population of special districts orspecial improvement districts shall be determined by the county in which the district is located, or in the case of districts encompassing moi e than one county, by the most populous county within the district. Population of all other units of government shall be estimated by the Department of Employment Security. By September 1 of each year, the respective school districts and counties and the Department of Employment Security shall adopt final population estimates. (6) Per capita personal income means the result obtained for the slate by dividing personal income of the state by the states population as pursuant to Subsections (4) and (5). (7) Fiscal emergency means an extraordinary occurrence requiring unanticipated and immediate expenditure to preserve the health and safety of the people. means appropriation or budget, whichever is appropriate. (8) Appropriation (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 within the meaning of any provision of the is or constitutes an indebtedness Constitution or laws of the state of Utah. SECTION 3. Section Utah Code Annotated 1953, as enacted by 197, Laws of Utah 1979, and renumbered by Chapter 2, Laws of Utah to read: 1987, is repealed and FOR CAL- STATE APPROPRIATIONS Chapter LIMIT-FORMUL- (2) In the case of a hnsbr'd and wife filing a single return jointly, or a head of Foti 2(b), Internal Revenue Code of 1954, as household (as defined in hereafter amended, redesig luted, or reenacted) filing a single return, a tax in accordance with J'e fell, wing 'able: a If the state taxable income is: Not over $1,500 Ov r $1 ,500 but rot i .v r Sr.OOq Over $3,000 but not over SAnfsl ( jver $ 4,590 but not over $6.(V, Oxer $6,000 but not oxer $7,500 Over $7,500 The tax is 2 of the state taxable income S30, plus 3 of excess over $1,500 S87, plus 4 of excess over $3,000 $147, plus 5 of excess over $4,500 $222, plus 6 of excess over $6,000 $312, plus 7 of excess over $7,500 SECTION 2. Section 59 Utah Code Annotated 1953, as last amended by to read: Chapter 148 and 221 , Laws of Utah 987, is repealed and (1) Thtre is kviui a tax on the purchaser for the amount paid or changed for the following(a) ro'ail sales of p rxooal prom ny made within the state; (b) amount paid to eonrnor, carnets or U- telephone or telegraph corporations as deiined by Sronot. whether the corporations are municipally or privately owned, for ail telephone service or telegraph service; (c) gas, el,tric:!y, h.at, coal, fuel oil, or other fuels sold or furnished for commercial consumption, (d) gas, electricity, cod, fuel oti, or other fuels sold or furnished for residential use; (e) meals sold, (0 admission to any place of amusement, entertainment, or recreation, including seats and tables reserved or otherwise, and other similar accommodations; (g) services for rep irs oi renovations of tangible personal property or services to install tangible persona! property in connection with other tangible personal property; (h) clear, tng or washing of tangrole personal property; (i) tourist home, hotel, motel, or trailer court accommodations and services for less than 30 consecutive days; (j) laundry and dry1 cleaning service?; (k) leases and rentals of tangible pet sonal properly if the property situs is in this state, if tht lessee took possession in this state, or if the property is stored, used, or otherwise consumed in this state; and (l) tangible personal property stored, used, or consumed in this state. (2) Except for subsection (1) (d), the rates of the tax levied under Subsection (1) shall be: from July 1, 1986, through December 31,1989; and front and after January 1, 1990 (b) (3) The rates of the tax levied under Subsection (1) (d) shall be; from July , 1986, through December 31, 1989; and (3) from and after January 1, 1990. (b) 1 - 54-2-- , (a)5-3- 32 2 1 SECTION 3. Section , as last amended by Chapter 63 and 139, Laws of Utah 987, is repealed and to read: 59-- 1 (1) A tax i s imposed at the rate ofl4 cents per gallon upon all motor fuel that is sold, used, or received for sale or use in tins state. (2) No tax is imposed upon: (a) motor fuel which is brought into and sold in this state in original packages as purely interstate commerce sales; (b) motor fuel winch ts exported from this state, if proof of actual exportation on forms prescribed by the commission is made within 180 days after exportation. The commission may either collect no tax or upon application refund the tax paiij; (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 stale and distilled from coal, oil shale, rock asphalt, bituminous sand, or solid hydrocarbons located in this state. (3) All revenue received by the commission under this part shall be deposited daily with the state treasurer and ei edited to the Transportation Fund. All of the 1 1 |