Show i i Proposed Changes in Utah's Constitution STATE OF UTAH OFFICE OF THE SECRETARY OF STATE SALT LAKE LA LACnY CITY August 30 1968 4 Dear Fellow Citizens Citizens- The Legislature of the State of Utah has entrusted me with the responsibility for publishing publishing pub pub- lishing the following Propositions which relate re re- late to changes in the Constitution ion of the I State o of f Utah In the beginning of the body of each Proposition Proposition M we we have set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on N 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 of the Propositions in full I urge you to consult with your friends neighbors and local civic leaders in order that you may gain all information necessary to I render a just and wise decision Sincerely t CLYDE L. L MILLER Secretary of State PROPOSITION NO 1 LEGISLATIVE SESSIONS A J JOINT 0 I N T RESOLUTION PROPOSING TO AMEND i ARTICLE VI SECTION v 2 AND SECTION 16 OF I 1 THE CONSTITUTION OF THE ST STATE A TE OF 0 j U UTAH T A H RELATING TO THE TIME rIME AND DURATION DURATION DURATION DURA DURA- TION OF SESSIONS OF 1 THE LEGISLATURE E. E Be it resolved the t by LegI Legislature Leg Leg- I of the State of Ut Utah h. h two two thirds thirds of all m members 1 elected to each of the two il A houses voting in in favor thereof thereof there there- f of j L Section 1 It is proposed i to amend Article VI Section 2 and 16 of the Constitution I of the State of Utah to read as follows t Sec 2 2 Sessions of the Legislature Legislature Leg Leg- Legislature shall be held annually annually annually annu annu- ally at the seat of government and shall begin on the second j Monday in January A general general general gen gen- eral session shall be held during dur ing odd-numbered odd years and anda F a budget session shall be held during even numbered years I Legislation not directly related related related re re- re- re to the state slate budget may be considered by hy 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 ex ex- sixty calendar days ex ex- except except except in cases of impeachment No budget session shall exceed exceed exceed ex ex- twenty calendar days except in cases of impeachment impeach- impeach ment No special session shall exceed thirty calendar da days s. s except in cases of im im- When any session session ses ses- sion of the Legislature trying ca cases es of impeachment exceeds exceeds exceeds ex ex- the number of calendar i days it may remain in session session session ses ses- sion as provided in this section sec sec- tion The members shall receive receive receive re re- for compensation only the usual per diem expenses and mileage Sec 2 2 The Secretary of State is directed to submit this proposed amendment to the electors of the State of Utah at the next general e elect election elec elec- ec- ec t 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 I PROPOSITION NO 2 COMPENSATION OF LEGISLATORS A J JOINT 0 I N T RESOLUTION N PROPOSING TO AMEND D ARTICLE VI SECTION N 9 OF THE CONSTITUTION CONSTITUTION CONSTITUTIoN TION OF THE STATE OF UTA UTAH H RELATING G TO COMPENSATION T TO TOBE TOBE 0 BE PAID P AID TO MEMBERS MEMBER S OF THE LEGISLATURE SE E FOR THEIR SERVICES SERVICE S AN A N THE PAYMENT ST T OF EXPENSE AN AND D MILEAGE ALLOW ALLOW- ANCES Be it resolved by the Legislature Legislature Legis Legis- lature of the State of Utah two thirds of all members member s elected to each of the two o houses voting in favor of Section 1 It is proposed to amend Article VI Section 9 of the Constitution of th the e State of Utah to read as follows follows follows fol fol- fol- fol lows Section 9 The members o othe of f the Legislature shall receive e compensation of 25 per die diem m while actually in session expenses expenses expenses ex ex- of 15 per diem while actually in session and mileage mileage mileage mile mile- age as provided by law Section 2 The Secretary of State is dire directed ted to submit t this proposed amendment t to o the electors electors' of the state o of f Utah at the next general election election election elec elec- tion in the manner provided provide d by law Section 3 If adopted b by y the electors of this state this thi s amendment shall take effect t on January 1 I 1969 PROPOSITION NO 3 V INVENTORY TAX REPEAL A J JOINT 0 I N NT T RESOLUTION N PROPOSING TO AMENDA AMEND AMEN D A ARTICLE R TI C L E XIII SECTION SECTION SECTION SEC SEC- TION 2 OF THE CONsTITuTIoN CONSTITUTION CON CON- CONSTITUTION OF T THE H E STATE OF UTAH RELATING RELATING RELATING RE RE- LATING TO A AN N AD At VALOREM T TAX A X EXEMPTION EXEMPTION EX EX- EXEMPTION EMPTION F FOR 0 R TANGIBLE TANGIBLE TANGIBLE TAN TAN- GIBLE PERSONAL PERSONA L PROPERTY CONSTITUTING CONSTITUTING CONSTITUTING INVENTORY INVENTOR Y AND HELD FOR SALIN SALE SAL E EY IN THE 0 ORDINARY R DIN A R Y COURSE OF BUSINESS Be it resolved by the Legislature Legislature Legislature Legis Legis- lature of the State of Utah two thirds 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 1 It is proposed to amend Article XIII Section Section Sec Sec- Section tion 2 of the Constitution of the State of Utah to read as follows Section 2 2 All t tan tangible a n g i b l 1 e property in the state 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 o 0 0 01 1 districts municipal corporations and public li libraries 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 private or corporate benefit shall be exempt from taxation Tangible personal property present in Utah on January 1 I m. m which is held for sale or processing and which is shipped to final destination 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 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 such taxation whether manufactured manufactured manufactured processed or produced or otherwise originating within 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 sale in the ordinary course of business and which constitutes the inventory of any retailer or of wholesaler or manufacturer or farmer or livestock raiser may be deemed deemed deemed deem deem- ed for purposes of ad valorem I pro property r o p per e r t y taxation to be he 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 p pIa plants 1 a n t s transmission lines pipes and flumes owned and used by individuals or corporations corporations cor cor- for irrig irrigating ting land within the state owned by such individuals or corporations corporations corpora corpora- or the individual members members members mem mem- bers 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 electrical elec elec- tricot power a portion of which 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 ac ac- accrue crue to the benefit of the users of water so pumped bumped under such regulations as the legislature may prescribe The taxes of the indigent poor may 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 1 property not to exceed 2000 0 in value for homes home home- homesteads homesteads and all household furnishings furnishings furnishings fur fur- f furniture ur f n nit i t u r e an and d equipment used exclusively by the owner thereof at his place of abode in maintaining g a home for himself and fam fam- ily Property not to exceed d in value owned by disabled disabled disabled dis dis- persons who served i in n any war in the military service service ice of the United States es or of the state of Utah and b by y the unmarried widows an and d minor orphans of such disabled disabled dis dis- persons or of persons s who while serving g in the military military mili mili- tary service of the United Unite d States or the state of Utah i were killed in action or die died d as a result of such service e may bo he exempted as the legislature leg leg- may provide The legislature shall provide provide pro pro- vide by law for an annual to tax sufficient with other sources source s of revenue to defray the estimated estimated estimated esti esti- mated ordinary expenses o of f the state for each fiscal year For the p 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 princ 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 the state of Utah at the next general election election elec- elec tion in the manner provided by law Section 3 If adopted bythe by bythe the electors of this state this Amendment l shall take effect the first day of January 1969 PROPOSITION NO 4 AGRICULTURE LAND TAXATION A J JOINT 0 I NT N T RESOLUTION PROPOSING TO AMEND ARTICLE XIII SECTION SECTION SECTION SEC SEC- TION 3 OF THE CONSTITUTION CONSTITUTION CONSTITUTION OF THE STATE OF UTAH TO PROVIDE THAT ALL LAND DESIGNATED DESIGNATED DESIGNATED DES DES- FOR A AGRICULTURAL AGRICULTURAL AGRI AGRI- G R I CULTURAL USE MAYBE MAY MAYBE MAYBE BE ASSESSED FOR ALL TAX PURPOSES ONT ON T THE H E CONSIDERATION OF ONLY THOSE rHOSE FACTORS FACTORS FACTORS FAC FAC- TORS RELATIVE TO SUCH AGRICULTURAL USE Be it resolved by the Legislature Legislature Legislature Legis Legis- lature of the State of Utah two thirds of o f all members elected to each of the two houses voting in favor thereof thereof thereof there there- of Section 1 It is proposed to amend Article XIII Section Section Sec Sec- Section tion 3 of the Constitution of the State of Utah to read as follows Section 3 The Legislature shall provide by law a uniform uniform uniform 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 bylaw bylaw bylaw 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 being fed for slaughter to be he used for h hum human u m a n consumption Land used for agricultural purposes may as the Legislature Legislature Legislature Legis Legis- lature prescribes be he assessed according to its value for agricultural use without regard regard regard re re- gard to the value it may have for 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 i if intangible intangible gible Bible property be taxed as property the rate thereof shall not exceed five mills on one one e each a c h dollar of valuation When exempted from taxation taxation taxa taxa- tion as property the taxable income shall be taxed under any tax based on incomes but when taxed bythe by bythe bythe 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 ands 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 percent percent per per- cent of net income No excise tax rate based upon income shall exceed four percent of net income The rate limitations limitations limita limita- limita- limita limitations herein contained for taxes based on income and for taxes on intangible property shall be effective until Janu Janu- a ary ry 1 1937 and thereafter i until changed by law by a vote of the majority of the r members elect elected d to each 1 house of the Legislature All i revenue received from taxes c on income or from taxes on intangible property shall 1 be allocated to the support c of the public school system i as defined in Article X Section 2 of this Constitution Section 2 2 The Secretary of State is directed to submit submit submit sub sub- i mit this thus proposed amendment f to the electors of the State of Utah at the next general election election elec elec- tion in the manner provided 1 by hy law Section 3 3 If adopted by bythe bythe bythe the electors of this state this i amendment shall take tako effect on January 1 I 1969 PROPOSITION NO 5 fi MANDATORY RETIREMENT OF JUDGES A JO JOINT 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 AUTHORIZING AUTHOR AUTHOR- IZING THE LEGISLA LEGISLA- LEGISLATURE LEGISLATURE LEGISLATURE TURE T TO O PROVIDE FOR THE MANDATORY RETIREMENT AND FOR REM REMOVAL 0 V A L OF JUDGES FROM OFFICE Be it resolved by the Legislature Legislature Legis Legis- Legislature lature of the State of Utah two thirds o of f all members elected to each of the two I houses voting in favor favol thereof thereof thereof 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 Section Sec Sec- Section tion 28 to thread read Section 28 The Legislature Legislature Legislature Legisla Legisla- ture may provide uniform standards for mandatory retirement retirement retirement re re- re- re and for removal of judges from office Legislation Legislation Legislation Legisla Legisla- tion implementing this section section section sec sec- tion shall be applicable only to conduct occurring subsequent 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 office shall be subject to review as to both law and facts by the Supreme Court This section is additional to and cumulative with the methods of removal of Justices Jus jus justices justices jus- jus tices and judges provide provided provide in Sections 11 and 27 of this Article Section 2 The rhe Secretary of State is directed to submit this proposed amendment to the |