Show Proposed Changes in Utah's Constitution STATE OF UTAH OFFICE OF THE SECRETARY OF STATE SALT LAKE LAE CITY cm August 30 1968 Dear Deal Fellow Citizens The Legislature of the State of Utah has entrusted me with the responsibility for fol publishing publishing pub pub- lishing the following Propositions which le relate relate re re- late to changes in the Constitution of the State of Utah In the beginning of the body of each Proposition Proposition POPO we have set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot November 5 1968 Bec Because of the very nature of these ProposItions Propositions Propositions which your YOU State Legislature has caused to be placed before you I urge that each of you study the text of the Propositions in full I 1 urge you to consult with your YOW friends neighbors and local civic leaders in order that you may gain all information necessary to render lendel a just and wise decision Sincerely CLYDE L. L L MILLER i- i Secretary of State PROPOSITION NO 1 LEGISLATIVE SESSIONS A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND ARTICLE VI SECTION 2 AND SECTION 16 OF THE rHE CONSTITUTION OF THE STATE OF UTA UTAH H RELATING TO THE TIME AND DURATION DURATION DURATION DURA DURA- TION OF SESSIONS OF THE LEGISLATURE Be DC it resolved by the Legislature L Leg Leg- of the t State Stoic of Utah two thirds of all members rs elected to each of the two Iwo houses voting in lit 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 to read rend as ns follows Sec 2 Sessions of the Legislature Legislature Legislature Leg Leg- shall be held annually annually annually annu annu- ally at nt the seat of government and shall begin on the second Monday in January A general general gen gen- eral session shall bo he held during dur duro during ing odd numbered odd numbered years und tool anda unda a budget session shall shull be hold held during even numbered years Legislation not directly related related related re re- re- re to the state budget ma may maybe maybe be considered by hy the Legislature Legislature Legis Legis- lature during budget sessions only if permitted by a joint resolution p passed r a ass s s e d by hy two two- thirds of the members elected to each house Sec 16 No general ses session ion of the Legislature shall exceed exceed exceed ex ex- sixty calendar days except ex ex- except in cases of impeachment No budget session shall rhall exceed exceed ex ex- twenty calendar days ex except in cases of oC impeach impeach- ment No special session shall exceed thirty calendar days except in cases of im im- When any session session ses ses- ses sion of oC the Legislature trying cases of impeachment exceeds exceeds exceeds ex ex- the number of calendar days it may remain in session session ses ses- sion as provided in this sec tion The members shall receive receive receive re re- re- re for compensation only the usual per diem expenses and mileage Sec 2 The Secretary of State is is directed to submit this proposed amendment to the electors of oC the State Stale of Utah at the next general election election elec elec- tion in the manner provided by law low Sec 3 If adopted by the electors of oC this state this amendment shall take effect the first day of January 1969 PROPOSITION NO 2 IPE COl COMPENSATION OF LEGISLATORS A JOINT J 0 I N NT T RESOLUTION PROPOSING TO AMEND ARTICLE VI VI SECTION 9 OF THE CONSTITUTION CONSTITUTION TION OF THE S STATE TAT E OF UTAH UT A H RELATING TO COMPENSATION TO TOBE TOBE TOBE BE PAID TO MEMBERS l OF THE LEGISLATURE FOR THEIR SERVICES AND THE PAYMENT OF EX EXPENSE PEN SEA AND N D DI MILEAGE I I LEA G E ALL ALLOW ALLOW- 0 V ANCES Be it t resolved by the thc Legislature Legis lature lalure of the Slate State of Utah two Iwo thirds of all members elected to each of the Iwo two houses rousts voting in favor thereof thereof there wre of Section 1 It is proposed to amend Article VI Section 9 0 of the Constitution of the State of oC Utah to read flad as follows follows fol fol- lows Section 9 The members of the Legislature shall receive compensation of 25 per diem while actually in session expenses expenses expenses ex ex- of 15 per diem while actually in session and ond mileage mile mile- age as provided by law low Section 2 The Secretary of State Stale is directed to submit t 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 hy law low Section 3 If adopted by bythe bythe bythe the electors of this state this amendment shall take effect on January 1 J J 1969 69 PROPOSITION NO 3 INVENTORY TAX REPEAL A JOINT J 0 I NT RESOLUTION PROPOSING TO AMEND ART ARTICLE I C L E XIII III SECTION SECTION SECTION SEC SEC- TION 2 OF THE TILE CONSTITUTION CON- CON CONSTITUTION CONSTITUTION OF T TH THE H E C ESTATE STATE OF UTAH RELATING RE RE- RELATING LATING TO A AN N A AD ADV D V VALOREM I T TAX A X EXEMPTION EXEMPTION EX- EX EMPTION FOR F 0 R TANGIBLE TANGIBLE TANGIBLE TAN TAN- GIBLE PERSONAL PRO PROPERTY PER T Y CONSTITUTING CONSTITUTING CONSTITUTING INVENTORY AND HELD FOR SALE IN THE ORDINARY 0 R DIN A H Y COURSE OF BUSINESS Be it resolved by the time Legislature Legislature Legislature Legis Legis- lature of the State of Utah two thirds s of all members elected to each of the two houses voting i in favor thereof thereof thereof there- there of Section 1 It is proposed to amend Article XIII VIII Section Section Sec Sec- tion Hon 2 of the Constitution of the State of Utah to read as follows Section 2 2 All tangible t tan a n g i b 1 e c property in the state stale not exempt exempt exempt ex ex- empt under the laws of the United States or under this constitution shall be taxed in proportion to its value to be ascertained as provided by law The property of the state counties cities towns s school c h 0 01 districts municipal corporations and public li ln libraries libraries 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 Cor private or corporate benefit shall be exempt from taxation Tangible personal property present in Utah on January 1 m. m which is held for sale or processing and which is shipped to final destination destination destination des des- outside this state s t tat a t e within twelve months may be deemed by law to have acquired acquired acquired ac ac- ac- ac no situs in Utah for purposes of ad valorem properly prop property erty erly taxation and may be exempted exempted exempted ex ex- empted by law from front such taxation whether manufactured manufactured processed or produced or otherwise vise originating within within with with- in or without the state Tangible Tangible Tangible Tan Tan- gible personal property present present pres pres- present ent in Utah on January 1 I m. m held for Cor sale in the ordinary course of or business and which constitutes the inventory of any retailer or wholesaler or manufacturer or farmer or livestock raiser may be deemed 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 he exempted Water Vater r rig rights i g h t s ditches c can canals a n a l 1 s reservoirs p power o w e r plants p pumping u m p pin i n g gp p Ii plants l Ion a ii t 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 en Such individuals or tio Lions or the i individual Iu members mem members C 1 bers thereof shall not b h he separately taxed so long a athey athey as they shall be owned am anc amused and andu u used ed exclusively for such purposes Power p plants l 1 a ant n t s power transmission lines am uni and other property properly used for Cor generating gen crating and delivering ring electrical eke elec- power a portion o of which is used for Cor power for Cor pumping water fo Cor irrigation purposes on land landin in the state stale ot of Utah may hi In hl exempted from taxation t h to the extent that such proper property is used for such purposes These hest l exemptions hall shall ac accrue al'- al' true crue to the benefit hp of tin the users ers of water so so 1 under such sud r regulations a as tin the legislature may prescribe The taxes of the indi ent poor may be remitted or abeted abet ed cd at such times and in sue such manner as may be lie provider provided by hy law The legislature ina may maj provide for Cor the exemption f fro from r o m taxation of homes homesteads and p per persona e r s son o n a I property properly pro not to exceed 2000 in value for Cor homes homesteads homesteads home and all nIl household furnishings furnishings furnishings fur fur- f Cur furniture u r nit n i t u r e ant and equipment used by bv the owner thereof at hi his place of abode in maintaining a home for Cor himself h and farm fain ily Property not to exceed exceed in value owned by hy disabled dis dis- disabled persons who served ii it in any war wor in the military service service service ice of the United States 01 or of the state tote of oC Utah and b by bythe the unmarried widows an and minor orphans of such disabled dis dis- disabled persons or of persons person who while serving in iii the lie military military military mili mili- tary service of the United States Stales or the state of Utah were killed in action or died as a result of such uch f service may be exempted as the legislature legislature leg leg- may provide The legislature shall provide provide pro pro- vide by law low for an on annual tax sufficient with other sources of f revenue to defray deCray the estimated estimated esti- esti mated maled ordinary expenses of the state for each fiscal year For the purpose of paying the state debt if any there be the legislature shall provide for Cor levying a tax annually sufficient to pay the annual interest and to pay the the 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 Slate is directed to lo submit this proposed amendment to the electors of or the state stale of Utah Ulah at the next general election election election elec elec- tion in the manner provided by law Section 3 If adopted bythe bythe by bythe the electors of this state this amendment shall take effect the th first day of f January ry 1969 PROPOSITION NO 4 J AGRICULTURE LAND TAXATION A J JOINT 0 I N NT T RESOLUTION PROPOSING TO A AMEND ARTICLE XIII SECTION SECTION SECTION SEC SEC- TION 3 OF THE CONSTITUTION CONSTITUTION CONSTITUTION OF THE rHE STATE OF UTAH TO PROVIDE THAT ALL LAND DESIGNATED DESIGNATED DESIGNATED DES DES- FOR AGRI AGRICULTURAL A G R I CULTURAL USE MAYBE MAY MAYBE MAYBE BE ASSESSED FOR ALL TAX lAX PUR PURPOSES PO S E S ONT ON T l' THE H HE E CONSIDERATION OF ONLY THOSE FACTORS FACTORS FAC FAC- TORS R RELATIVE E L A T I V E TO SUCH AGRICULTURAL USE Be it resolved b by the lature of the lime State Slate of Ulah Utah two tuo thirds of all member HrS elected to each of the thc Iwi Iw houses vot voting in n favor thereof there lucre of Section 1 It is to amend Article XIII See Sec lion ion 3 of the Constitution ol of of the State Stale of or Utah to lo read read a ak follows Section 3 3 TIll The Legislature shall shill provide by hy law a uniform uni uni- uniform form Corm and equal rate rale of assess assess- merit ment and and taxation on all tangible tan tan- Bible gible property in the State according to its it value in in money and shall prescribe bv hy bylaw law such regulations as a ahall shall hall secure a just valuation for foi taxation of such property properly Sn I that every lvery person and corporation corporation corporation cor cor- shall pay a tax lux ax in proportion to the value of or his hi her or its tangible property provided t that haL t the Iw Legislature t u rl may ma determine the manner and extent of taxing transient livestock and and livestock being lwin fed Ced for Cor slaughter to he be u uld ed for h hum u m a n eon consumption Land used for agricultural purposes may as the Legislature Legislature Legis Legis- lature prescribes be lie assessed according to lo its value for agricultural use without regard regard regard re re- re- re gard to the value it il may have for Cor other 1 purposes Intangible ble bIl property may be he exempted exempt ed from taxation as property or it may h bo he taxed in such sull manner and to such extent a as the Legislature may pro pro- vide Provided that if intangible intangible gible property properly be he taxed a as property the rate thereof Shrill shall not nol exceed five mills on one one each e a c Ii h dollar of valuation When exempted from taxation taxation taxa taxa- tion ion as property the taxable income shall he be taxed under any uny tax based on incomes but hut when taxed bythe by bythe bythe the State of Utah as ns property property prop erty th the income shall not also abo be he taxed The Legislature may provide for Cor deductions exemptions andor and und or offsets on any an tax based upon income income The personal income tax lax rates rales shall be graduated but the maximum rate shall not exceed six six percent per per- percent cent of net income No excise tax lax rate rale based upon income shall exceed four percent of net income The Thc rotc rate limita- limita limitations lions herein contained for Cor taxes based on income and for Cor taxes on intangible property shall be effective until Janu Janu- ary 1 1937 and thereafter until changed by law by a vote of the majority of the members elected to lo each house of the Legislature All revenue received from taxes on income or from Crom taxes on intangible property properly shall be allocated to lo the support of the public school system as defined in Article 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 lo the electors of the State Stale of Utah Ulah at nt the next general en ral election election election elec elec- tion in the manner provided by hy law Section 3 If adopted by bythe bythe bythe the electors of this state stale this tl amendment shall taKe effect t on January 1 1969 PROPOSITION NO 5 i MANDATORY l RETIREMENT OF JUDGES A J JOINT 0 I N NT T RESOLUTION PROPOSING TO AMEND A ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF UTAH BY THE ADDITION OF SECTION 28 AUTHORIZING AUTHORIZING AUTHORIZING AUTHOR AUTHOR- IZING THE LEGISLATURE LEGISLATURE LEGISLA LEGISLA- TURE TORE r TO o PROVIDE FOR THE MANDATORY RETIREMENT AND FOR REMOVAL OF JUDGES FROM OFFICE Be it il resolved by the time L Legis Legislature s- s lature haure of time the State Slate of Utah Ulah tyro 1 thirds of ol all nil members elected t to each m c h of fl the t two vo housea lOUS'S voting toting in n favor thereof thereof there lucre of Section 1 It is proposed to amend Article VIII of the Constitution of the State of Utah by hy the addition of Section Section Sec Sel tion 28 to read Section 28 The Legislature Legislature Legisla Legisla- ture tun may provide uniform standards for re- re retirement retirement and md for removal of judges from office Legislation Legislation Legisla Legisla- tion implementing implement n this section sec sec- section tion shall hall be he only to conduct occurring subsequent subsequent quent to the effective date dale of such legislation Any determination deter deter- determination requiring the till retire retire- retirement ment or removal of a judge from office shall be Ill subject to review as to hot both h law and md facts fad by hy the tIlt Supreme Court additional This section edion is tn to anti and cumulative with the methods of removal of justices justice's justices jus jus- tices tice's |